Extensive Arbitration Experience

Mr. Kay’s practice as a barrister in England followed by years practicing in the Middle East and then in the United States, resulting in 40 years of experience in both dispute resolution and corporate and commercial work for international and domestic clients, places him in an ideal position to understand many of the complex business and commercial issues that arise in the disputes he hears when sitting as an arbitrator. He has substantial experience advising companies and businesses engaged in their domestic U.S. operations as well as those investing in businesses overseas, particularly in the UK and Europe, the Middle East, Australia, India, China and other parts of Asia. He understands how businesses operate and the challenges their boards and management teams face while negotiating complex contracts and the pressures placed upon them when a dispute arises leading to arbitration proceedings. His years of working with overseas clients has enabled him to understand the many cultural and business differences that come into play in cross-border transactions and particularly when a dispute arises that ends in arbitration.

Arbitration Strategy

He has heard over 100 disputes while serving as tribunal chair, tribunal member or sole arbitrator under the auspices of some of the leading arbitration administrative organizations. In addition to hearing arbitration cases, whether in-person or by video teleconference, Mr. Kay has advised clients on arbitration strategies in the event of a dispute. He has also drafted and reviewed complex commercial agreements including detailed arbitration clauses for compliance with international and domestic arbitral “best practices” and protocols. He ensures the arbitration proceeds as efficiently and effectively as possible and that the parties understand the intention of the tribunal with respect to the management of the proceedings.

This commercial background, when combined with his dispute resolution experience has enabled Mr. Kay to sit as an arbitrator on a variety of disputes involving:

• mergers and acquisitions;

• commercial contracts;

• intellectual property (trademark, trade secrets, passing off);

• joint ventures; international franchise and licensing;

• distribution/agency agreements;

• telecommunications disputes;

• banking and finance;

• international sales and licensing;

• breach of contract/breach of warranty;

• purchase and sale of businesses;

• employee and senior executive non-competition;

• confidentiality and service agreements;

• motor-racing contracts, appointment of automotive dealerships.