Thomas J Brewer

Practice Areas

Arbitration experience includes both domestic and international commercial arbitrations, with over 350 appointments as panel chair, neutral panelist arbitrator or sole arbitrator since becoming a full-time neutral in 2000. Substantial experience managing in-person hearings, virtual (e.g., Zoom) hearings, and applying various kinds of arbitration agreements, including agreements requiring international, domestic, “baseball” and other procedures. The cases have ranged from complex, multi-party business disputes with large amounts in controversy to a wide variety of other matters, of varying size, involving corporations, privately-held companies, LLC’s, partnerships, joint ventures, governmental entities and individuals. Prior cases have included a wide range of business and commercial disputes, principally in the following areas:

BUSINESS AND COMMERCIAL: Served as an arbitrator in many cases involving interpretation or enforcement of commercial contracts, including disputes related to LLC’s, partnerships, joint venture and joint operating agreements; sales of business/asset purchases and post-closing disputes; corporate governance and disputes between business co-owners; product sales, development, licensing, distribution and warranty disputes; insurance; international trade; commercial real estate; and many other kinds of business agreements and transactions.

ENERGY, OIL & GAS, ELECTRIC POWER: Oil and gas arbitrations have included participation agreement, area of mutual interest, marketing and trading, pipeline, refinery, natural gas gathering, treating, processing, transport and sales, contract interpretation, royalty, production curtailment, joint venture, petrochemical, sale of business and valuation disputes. Electricity arbitrations have included numerous power purchase agreements, tolling, transmission, joint operating, co-generation, PURPA, ISO/RTO, contract interpretation, wind, solar and photovoltaic projects, biomass, steam supply, project development and other types of disputes and agreements.

TECHNOLOGY/INTELLECTUAL PROPERTY: IP and technology arbitrations have included patent, royalty, product development and licensing disputes related to semiconductor, pharmaceutical, medical product, vaccine, telecom and other technologies, trade secret misappropriation and Lanham Act disputes, copyright, software and business acquisition-related IP disputes.

LLC, M&A and JOINT VENTURES: Substantial experience in arbitrations involving disputes between investors and business co-owners, including LLC members, M&A, joint operating and joint venture agreements, asset purchase, representations and warranties, post-closing purchase price and escrow adjustments, earnout provisions, tax-related acquisition disputes and non-competition disputes.

OTHER: Arbitration experience also includes numerous construction cases, ERISA multiemployer pension plan withdrawal liability disputes, insurance coverage, healthcare payor-provider reimbursement disputes, service as an ICDR Article 37 emergency arbitrator, and many other types of commercial cases.

Some examples of prior cases are posted below; others are available at www.tjbrewer.com - follow the prompt for Arbitration Experience.

Fellow, College of Commercial Arbitrators. Fellow, Chartered Institute of Arbitrators (FCIArb). Listed in Who's Who Legal: Arbitration, 2023 and prior years (WWL 2022 comments, based on peer interviews: “He is truly talented and insightful. . . a superior arbitrator, one of the finest with whom I have had the pleasure to sit. . . very experienced, very fair minded and very smart. . . an exceptional arbitrator.“) Listed in Best Lawyers in America for arbitration, 2024 and prior years. Ranked in Chambers USA and Chambers Global in the category of International Arbitration. Listed in Washington Super Lawyers, 2003-2024. Selected by Best Lawyers as Lawyer of the Year for arbitration in Seattle in 2015, 2017, 2019 and again for 2024.

Career

Self-employed full-time ADR neutral since 2000. Civil trial lawyer representing and counselling clients in commercial disputes 1975-2000. Wickwire Greene Crosby Brewer & Seward, 1994-2000; Heller Ehrman White & McAuliffe, 1975-1994. Experience serving as an arbitrator, court-appointed special master, and mediator in commercial cases since 1986. Heavy arbitration caseload since about 1994.

Professional Memberships

Member of the ICDR's International Roster of arbitrators, the AAA’s Commercial and Large, Complex Case panels, and of the CPR Institute's Cross-Border, National Panel of Distinguished Neutrals and Commercial Real Estate panels of arbitrators. Member of the AAA’s National Energy panel, and of the CPR Institute's Energy, Oil & Gas panel of arbitrators. Member of the AAA's M&A and Joint Ventures panel of arbitrators. Member of the AAA/ICDR’s Aviation, Aerospace and National Security panel of arbitrators to handle high-value defense, cyber and security-related disputes in the aerospace, aviation and national security sectors. Substantial prior experience in arbitrations involving aviation, aerospace, software, railroad and government-related disputes.

Publications

Speaker, "Talking Shop Together: Experienced Arbitrators Compare Notes," 2023 Annual Meeting, College of Commercial Arbitrators, October 2023; Speaker, JURIS/College of Commercial Arbitrators Webinar, "Thoughts on Conducting an Effective and Successful Arbitration Hearing," May 2023; Speaker, 2017 National Energy Arbitration Conference: “Resolving Energy Arbitrations in Times of Crisis,” CIArb, Houston; Contributing Author, THE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION, 4th ed., Juris Net 2017 (and to the three prior editions); Speaker, 2016 AAA/ICDR National Panel Conference, “Red Flags and Risk Areas for Arbitrators: A Review of Recent Cases Challenging Arbitrator Authority,” New Orleans, 2016; Speaker, AAA Seminar: "Arbitration Advocacy for Courtroom Lawyers: Two Experienced Arbitrators Discuss What Works, and What Doesn't, in Arbitration," Denver, 2015; Contributing Author, THE LEADING PRACTITIONERS' GUIDE TO INTERNATIONAL OIL & GAS ARBITRATIONS, (Juris, Gaitis ed., 2015); (partial Listing.)