Arbitration and Mediation (ADR): Representative Works

Energy Contract Dispute - Arbitration

Mr. Wright successfully defended a top oil and gas company in connection with a contractual dispute arising out of an Operating Agreement with a utility company. Under the Agreement, the utility operates a power plant which provides energy to the client's refinery. The utility was seeking an increase in the annual fee for operating the power plant. After a two and one-half day hearing, an arbitration panel accepted Mr. Wright's position, saving his client more than $800,000 per year.

Energy Contract Dispute

Mr. Wright successfully defended a top oil and gas company in connection with a contractual dispute arising out of an Operating Agreement with a utility company. Under the Agreement, the utility operates a power plant which provides energy to the client's refinery. The utility was seeking a 260% increase in the annual overhead costs paid under the agreement (from $785,000 to more than $2 million). The dispute resulted in a two-day arbitration hearing conducted in April 2006. After the submission of post-hearing briefs, the arbitrator decided the matter in favor of Mr. Wright's client.

Arbitration

Mr. Roux assisted in the representation of Ad-Med, Inc. in a week long arbitration involving a corporate dispute over the operation of a New Orleans based medical clinic. At the conclusion of the arbitration, the three arbitrators awarded Mr. Roux’s client more than $850,000.00. Eventually, Ad-Med, Inc. moved for confirmation of the arbitration award. The Civil District Court confirmed the award over the defendant’s objection. On appeal, the Fourth Circuit affirmed the Trial Court’s judgment holding that the award was not rendered invalid by the fact that the arbitrator selected by the plaintiff had an undisclosed, ongoing attorney-client relationship with the president and sole shareholder of the plaintiff. The Court concluded that arbitrators selected by parties are not neutral arbitrators and are, therefore, not subject to the American Arbitration Association’s disclosure and bias laws.
Ad-Med, Inc. v. Bruce J. Iteld, M.D. (APMC), 1998-1414 (La. App. 4th Cir. 2/3/99), 728 So.2d 556

Mediation

Mr. Bergeron successfully mediated a workplace bodily injury claims against an engineering client arising out of the renovation work to the Municipal Auditorium in New Orleans to convert it for use as the temporary land based casino for Harrah's New Orleans.