Closure ADR Group

PROFESSIONAL EXPERIENCE
Partner, Bradley Arant Rose & White (1964 to present)

Former Chair of the Executive Committee 1995-2001

PRIMARY PRACTICE AREAS
Construction law (domestic and foreign), government contracts, and general litigation – Experienced with various forms of ADR including mediation and arbitration and acting as mediator and arbitrator

EDUCATION:

Yale University (B.S., 1961)
Duke University (LL.B., 1964)
Phi Alpha Delta
Editorial Board, Duke Law Journal
Fleming, Robinson & Bradshaw Award
Board of Visitors (1996-2002)

MEDIATION:

Center for Public Resources Construction Industry Panel
United States District Court, Northern District of Alabama, Special Court Mediation Panel
Negotiation and Mediation Courses, Harvard University School of Law; Center for Public Resources, Track Two Advanced Mediation Training
Experienced as advisor and legal counsel for parties participating in mediation since 1988
Experienced as mediator since 1992
Given lectures and written articles on partnering, Dispute Review Boards, mediation, and other ADR techniques
Involved both as a mediator and as a representative of a party in a number of mediations involving projects both in the United States and in foreign countries, and including mediator for multi-million-dollar disputes involving a tunneling project, a power plant, a ship building project, NASA facility, etc.

ARBITRATION:

Domestic:

Involved in many domestic arbitrations as both party advocate and arbitrator (generally as Chair); most, but not all, of these cases have been held under the AAA Rules, both Commercial and Construction. The total number of such cases is over 50 and dealt with various types of disputes. However, the substantial majority related to construction projects and related engineering, design, and construction issues.
Have written a number of articles and given a number of seminars that address various aspects of domestic arbitration.

Foreign:

Involved with disputes arising out of projects or dealings in Australia, Egypt, France, Germany, Iran, Mexico, Napal, New Zealand, Saudi Arabia and Switzerland, and the Zurich Chamber of Commerce.
Experience with international arbitration which would establish familiarity with international arbitration rules and procedures is as follows:

– Counsel of record for five cases before the Iran U.S. Claims Tribunal. This was an arbitration procedure established pursuant to declarations between the United States and Iran. The rules of procedure were based upon the UNCITRAL rules as modified by the Tribunal. Of the five cases, three were tried to conclusion and decisions were rendered by the Tribunal. The other two cases were settled after all filings had been made to the Tribunal and shortly prior to hearing. These proceedings were conducted in a manner that is similar to most international arbitrations. The cases involved construction of hotel, military housing, recovery of bank accounts, etc.

– Counsel of record for one of the parties in more than 20 international arbitrations, a few of these cases were settled after minimal proceedings. Several of these cases were settled after extensive proceedings, including the filing of initial and responsive memorials. Four of these proceedings have been tried to conclusion; in three, an award was issued and the other was settled shortly prior to award. These cases involved a power generation facility in Egypt, a University in Saudi Arabia, a theme park in France, a sales agreement in Switzerland, a port facility in Mexico, etc. A current case involves sales contracts for wood chips to a Japanese company.

– A party designated arbitrator in four ICC arbitrations and Chairman in one ICC arbitration. These cases involved hydro-electric facility in Nepal, manufacturing plant in India, water treatment plant in Egypt, etc.

– Chairman in AAA (International) arbitration involving power plant in Pakistan.

– Panel member in AAA (International) arbitration involving port facilities in Puerto Rico.

– Counsel of record in cases handled through the Cairo Centre for International Arbitration (award issued) and the Zurich Chamber of Commerce (settled).

– Over the last 15 years written articles and given a number of speeches or seminars that dealt with various aspects of arbitration, including procedures before the Iran U.S. Claims Tribunal. Author of the chapter on International Arbitration for the Practicing Law Institute book Construction Litigation, Second Edition. Served as Chairman and Co-Chairman of the International Committee of the American College of Construction Lawyers.

– Author of chapter entitled "Resolution of Disputes Arising Out of International Construction Projects” for the Stein Treatise on construction law to be published by Lexis-Nexis.

INSTRUCTOR:

University of Alabama School of Law, Appellate Advocacy, 1970, and European Union Law (1998-)
University of Fribourg School of Law, (a) Comparative Law and (b) FIDIC Seminar, Switzerland, 1980; International Arbitration (2004)
Cumberland School of Law, Negotiation (2001-)
Frequently lectures on construction and procurement law and ADR
Have written numerous articles and lectured extensively to local, national, and international seminars for construction industry executives, design professionals, and other lawyers on all aspects of construction law, including ADR subjects including partnering, Dispute Review Boards, mediation and arbitration

MEMBER:

Birmingham Bar Association (Chair of Special Assignments Committee 2001)
American Bar Association (Member, Law School Accreditation Committee, Forum Committee on the Construction Industry, and Sections of Litigation [Co-Chairman, ADR Subcommittee, International Committee] and Tort and Insurance Practice)
International Bar Association (Committee T)
Alabama State Bar
Fellow, American College of Construction Lawyers (Board of Directors 1994-97, 2002-__; Executive Committee 2002-____; Treasurer 2002-2003; Vice President 2004; Co-Chairman International Committee 1995-97)
Alabama and American Law Institutes
Panel of Arbitrators, American Arbitration Association (Member, Special Panel for Complex Cases and International Panel)
American Judicature Society
Alabama Appleseed Center for Law and Justice (Board of Directors, 1999-present; Chair, 2001)
Alabama School of Fine Arts (Creative Writing Advisory Board)
Leadership Alabama (Class VI)
Duke Law Board of Visitors (1996-2002)
Duke Law Alumni Association (president in 1988-89)
Altamont School Board of Trustees (former)
St. Luke’s Episcopal Church, Senior Warden (former) and Finance Committee
American Red Cross Birmingham Chapter Board of Directors (former)
Center for Public Resources (mediator/arbitrator, construction panel)
Private Adjudication Center (panel of arbitrators and mediators)
Closure ADR (panel of arbitrators and mediators)
Chartered Institute of Arbitrators, London, England (Member since 2002)
The Best Lawyers in America (2003-)
Bradley Arant Rose & White is a member of ALFA® International, an international association of independent law firms.

LICENSED TO PRACTICE
Alabama (all courts), U. S. Court of Appeals (4th, 5th, and 11th Circuits), U. S. Supreme Court, U. S. Claims Court, U. S. Tax Court

ADMITTED TO BAR: 1964

MISCELLANEOUS: Recipient of Charles A. Dukes Award for Outstanding Volunteer Service to Duke University, 1990.