Steven Skulnik

Mr. Skulnik's law practice focused on litigation and arbitration matters.  He previously was counsel at Squire Patton Boggs (US) LLP and a partner at Pavia & Harcourt LLP. Mr. Skulnik is a Senior Legal Editor at Practical Law (Thomson Reuters).

Representative Matters

As an arbitrator:

Chair of the tribunal in a dispute between an educational testing service and software developer (AAA).

Chair of the tribunal in a dispute over hotel franchise agreement (AAA).

Chair of the tribunal in a dispute between a food manufacturer and its multi-unit franchisee (AAA).

Chair of the tribunal in a dispute between a compiler of data on recycled automobile parts and manufacturer of automobile part information systems (AAA).

Chair of the tribunal in a dispute between parties who owned the same trademark in different territories over the reasonableness of termination of a license agreement (AAA).

Sole arbitatror in dispute over failure to close acquisition of bank holding company (ICDR).

Sole arbitrator in a dispute between a buyer and seller of commercial real property in Europe (ICDR).

Sole arbitrator in a dispute over loss of mining concession (ICDR).

Sole arbitrator in a dispute under an agreement to distribute women's apparel (ICDR).

Sole arbitrator in a dispute between litigation funder and funded party over division of settlement proceeds (ICDR).

Sole arbitrator in a dispute between co-venturers in renewable energy (biogas) projects over buy-out and drag-along rights provisions (AAA).

Sole arbitrator in a dispute that followed from the conduct of a Hatch-Waxman ANDA lawsuit (AAA). 

Sole arbitrator in a dispute between a photographer’s representative and a photographer (AAA).

Sole arbitrator in a dispute over “Fair market value of distribution rights” under New York’s Alcohol Beverage Control Law (AAA).

Sole arbitrator in a dispute between investment banker and his former employer (AAA).

Sole arbitrator in a dispute over termination of Medicare Advantage provider agreement (AAA).

Sole arbitrator in a dispute between a local exchange carrier and a telecommunications billing aggregator over indemnity relating to consumer class action (AAA).

Co arbitrator in a dispute between hedge fund and its former CIO over clawback obligations (AA).

Co-arbitrator in a dispute regarding listing cryptocurrency on trading exchanges (ICDR).Co-arbitrator in a dispute under commodity accumulator contracts.

Co-arbitrator in a dispute between biotech company and certified research organization concerning the implementation of a phase IIa, multicenter study to assess the efficacy and safety of an anti-inflammatory compound on in-patients suffering moderate to severe COVID-19 symptoms under Delaware law (ICDR).

Co-arbitrator in a post-closing indemnity claim under M&A contract for sale of hospitals under Illinois law (AAA).

Co-arbitrator in a claim for indemnity under §§ 84-92c of the German Commercial Code (ICDR).

Co-arbitrator in a dispute between investors in merchant cash advance business under New Jersey law (ICDR).

Co-arbitrator in a dispute between mining company and its representative in the South Caucasus (ICDR).

Co-arbitrator in a patent license dispute (AAA).

Co-arbitrator in a dispute under a janitorial services contract for NHL hockey arena (AAA).

Co-arbitrator in a dispute involving a license agreement between a software developer and an insurance company (AAA).

Co-arbitrator in a warranty dispute concerning a large cabin business jet  (AAA).

Co-arbitrator in a dispute between members concerning removal of a manager and derivative claims against the removed manager (AAA).

Co-arbitrator in a dispute brought by a fifty percent member of an LLC brought derivatively on behalf of the LLC against trademark licensor (AAA ).

Co-arbitrator in a dispute between members of a home furnishing business (AAA).

As a mediator:

In a dispute between two technology integration firms.

In a royalty dispute in a fashion license.

In a dispute over website design.

In a dispute between a hotel owner and its manager.

In a dispute over a sales commission plan between employee and company that provides treasury services to hedge funds.

In a dispute over restrictions on insider's on sale of company stock.

Publications and Speaking Engagements

Author, Introductory Note to GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC (U.S. Sup. Ct.), 59 I.L.M. 911 (2020).

Author, Arbitrating During a Pandemic, Practical Law The Journal - Litigation (Fall 2020).

Author, Considering Video Conference Arbitration Hearings in the US: Ensuring Due Process, Dispute Resolution Lawyer (A publication of the Dispute Resolution Section of the New York State Bar Association) (Summer 2020).

Author, Separability of Arbitration Agreements in US Arbitration, Practical Law The Journal - Litigation (June/July 2019).

Co-author of Arbitration Ethics chapter in Arbitrating Commercial Disputes in the United States (PLI I ,1st and 2nd Eds.).

Co-author, Do Arbitrators Know the Law (and Should They Find it Themselves)?, Dispute Resolution Journal, Vol 73 No 1 (2018).

Author, Interim, Provisional and Conservatory Measures in U.S. Arbitration, Inside (A publication of the Corporate Counsel Section of the New York State Bar Association), Winter 2015.

Panelist, Tough Calls and Recurrent Issues in Arbitration: Solutions from Experts, NYSBA, Dec 2022.

Panelist, Cutting Edge Issues in Arbitration: Award Writing, AAA/NYLS, April 2022.

Panelist, What Judges and Arbitrators are Looking for in your Real Estate Case, NYSBA Dispute Resolution Section Annual Meeting, Jan 2022.

Panelist, Best Practices: Roundtable On Different Approaches To Arbitration, New York State Bar Association (NYSBA), Sept 2021.

Panelist at the 2019, 2020, and 2021 NYSBA Annual Commercial Arbitrator Training Seminars, addressing Arbitration Law.

Panelist, Cutting Edge Issues in Arbitration: Civility Among Members of a Tribunal, AAA/NYLS, April 2021.

Panelist Hot Topics in Dispute Resolution from the NYSBA Resolution Roundtable Blog, Feb 2021.

Panelist, Successfully Deploying Arbitration after Litigation, NYSBA, Sept 2020.

Panelist, Recent Developments in International Arbitration, International Arbitration 2020, PLI, June 2020.

Moderator, Transparency in Commercial Arbitration, CPR Annual Meeting, Feb 2020.

Co-presenter, Ethics in Arbitration, PLI Webinar, Feb 2020.

Panelist at the June 2019 New York State Bar Association Annual Commercial Arbitrator Training Seminar, addressing Arbitration Law.

Moderator and Presenter, Are You Ready for the Case to Begin? Critical Issues Arising at the Start of an Arbitration, Webinar presented by Thomson Reuters with Skadden Arps, May 2019.

Moderator, NYIAC Talks: Assessing Judicial Support of International Commercial Arbitration, Oct 2018.

Moderator, A View from the Trenches: When Dispute Resolution Clauses Blow Up, Association of Corporate Counsel (ACC) Annual Meeting, October 2018.

Presenter,  Independent Legal Research by an Arbitrator, AAA, Apr 2018.

Moderator, Ethics Issues in Mediation, Practical Law with CPR and Jenner & Block, Feb 2018.

Moderator, Arbitration at Work: The Supreme Court's Visit to the Office, New York State Bar Association (NYSBA), Dec 2017.

Presenter, Death by E-Discovery: Is It Eroding the Efficiency of Arbitration?, AAA, March 2017; Moderator, Electronic Discovery—The Current State of Play as to the Scope of Electronic Discovery in the Courts and in Arbitration: What the Rules Say and What is Actually Happening, Joint Program of Commercial and Federal Litigation and Dispute Resolution Sections of the NYSBA, March 2017.

Panelist, The Importance of Culture in Conflict Resolution: Scenarios in International and Domestic Arbitration and Mediation, Hispanic National Bar Association Annual Meeting, Sept 2016.

Panelist, Effective Use of Experts in Mediation and Arbitration, ACR-GNY - Annual Conference, June 2011.

ADR training:  ACE 22 - Process Essentials for AAA Arbitrators, 2022; ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; ICDR International Symposia in Advanced Case Management Issues, 2019; ACE 20 - Cyber Security: A Shared Responsibility, 2019; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; AAA-ICDR/ICC/ICSID 35th Annual Joint Colloquium on International Arbitration, 2018; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; AAA Developments in Arbitration Law: Practice Focused Cases, 2017; AAA-ICDR Council and Columbia Law School Conference: The Future of Arbitration, 2017; Motion Practice Under AAA Rules – What You Need to Know, 2017; Out of Sight, Out of Mind:  What You Need to Know about Preventing and Arbitrating Business-to-Business (“B2B”) Data Breaches, 2017; AAA Exploring Critical Issues in Arbitration, 2016; AAA/ICDR Neutrals Conference, 2016; CPR Annual Meeting, The Dispute Resolution Divide: Harmonizing Global Approaches, 2016; AAA, Get a Grip! Wrangling the Mediation Process to Improve Your Chances of Success in Multi-Party Disputes 2015; AAA, Society, Commerce and Dispute Resolution:Goals for Justice and Trade 2015; AAA Webinar, Show Me the Money: The Effective Presentation of Damages in Arbitration Versus Litigation, 2015; AAA/ICDR Webinar, ICDR Awards and Commentaries: Just How Different Is International Arbitration Than Domestic Arbitration?, 2015; AAA/ICDR Seminar, What Makes  International Arbitration Different?, 2014; AAA Webinar, Making the Most of Mediation, 2014; Arbitral 999/911: Emergency Relief for Problems That Will Not Wait, 2013; AAA Webinar, Managing the Costs of Exchanging ESI, 2013; AAA Webinar, What's a Respondent Like You Doing in a Place Like This? Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2013; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Webinar, How to Become a More Innovative Neutral or Advocate: Applying Cutting Edge Innovation Management Techniques to Your ADR Practice, 2012; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2011; AAA Webinar, How International Arbitration Techniques Can Benefit Domestic Arbitration, 2010; AAA Webinar, Electronic Discovery in Arbitration: What You Need to Know, 2010; CPR Annual Meeting, Global ADR: The New Reality, 2010; Practicing Law Institute, Choosing the Place of Arbitration: Geneva, London, New York, Paris, Zurich & Mock Session: Section 1782 and International Arbitration, 2009; AAA Ask & Answer: Arbitration, 2008; Cardozo Journal of Conflict Resolution's 10th Annual Symposium: Whither Arbitration, 2008; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2007; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2006; ICDR, The Common Law-Civil Law Gap: The Issues and How International Arbitrators May Resolve Them, 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005; New York Commercial Division Alternative Dispute Resolution Program, Mediation Workshop, 2005; AAA Arbitrator Ethics & Disclosure (ACE003), 2004; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; AAA Arbitrator Update, 2002; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2001; AAA Commercial Arbitrator Training, 2000.

Arbitrator Disclosure

Interested parties should not rely on this website as a complete or updated source of disclosure information about Steven Skulnik. He has no access to the database of his prior law firms. In addition, he is a member of numerous organizations and attends many conferences and events; he does not maintain records of fellow members, speakers or participants. Tangential connections in such contexts should not be considered to be relationships that might affect impartiality or independence in the eyes of a reasonable third party (Canon II, Code of Ethics for Arbitrators in Commercial Disputes, American Bar Association (2004); General Standard 2, International Bar Association Guidelines for Conflicts of Interest in Commercial Arbitration (2014)).

Mr. Skulnik requests any party in an arbitration for which he is proposed as arbitrator to disclose promptly any facts or circumstances considered relevant to his impartiality or independence as soon as that information is reasonably available and, for that purpose, to undertake a reasonable continuing search of publicly available information promptly after learning of his prospective appointment as arbitrator.

• Brandeis University (BA, Economics-1980)
• Benjamin N. Cardozo School of Law (JD-1983)

New York City Bar Association (International Commercial Disputes Committee and Arbitration Committee (Chair, 2018-21)). New York State Bar Association (Dispute Resolution Section, Arbitration Committee Co-chair 2016-18). Fellow, Chartered Institute of Arbitrators (FCIArb) and College of Commercial Arbitrators (CCA). Member of Silicon Valley Arbitration & Mediation Center, International Arbitration Club of New York, and New York International Arbitration Center (NYIAC).

Selected for inclusion in New York Super Lawyers®  2012-22.

Panels

International, Commercial, and Large Complex Case Panels of Arbitrators of the American Arbitration Association / International Centre for Dispute Resolution

Panel of Arbitrators of the International Institute for Conflict Prevention & Resolution (CPR)

Panel of Arbitrators of Singapore International Arbitration Centre (SIAC)

Panel of Arbitrators of Federal Arbitration (FedArb)

Panel of Mediators of the American Arbitration Association (mediation.org)

Court-appointed mediator for the United States District Court for the Southern District of New York.

$650 per hour for: • Arbitration hearing • Study time.  $800 per hour for: • Mediation session. • Study time.

No charge for travel time. Request reimbursement for out of town travel expenses. No travel expenses charged for New York and Denver metro areas.