Representative Arbitration Cases

Mr. Kay has heard arbitral disputes across myriad industries involving many areas of the law, including corporate, commercial and business disputes, tortious, contractual and product liability claims, pharmaceutical disputes, intellectual property, corporate governance and shareholder disputes, as well as commodities and design disputes. A cross-section of cases heard by Mr. Kay include:

Domestic (U.S. Disputes)

  • breach of a multi-country distribution agreement by a U.S. company;

  • distribution rights and breach of contract claims involving the sale and distribution of a “patch” by a U.S. pharmaceutical company;

  • breach of contract (including misrepresentation claims) regarding an automotive manufacturer’s appointment of dealers in the U.S.;

  • dispute over the manufacture and distribution of petroleum additives used in automobiles;

  • dispute involving the world-wide manufacture and sale of computer chips used in cell phones regarding claims involving misappropriation of trade secrets, misrepresentation and breach of contract;

  • dispute involving the design and manufacturer of airbag technology in automobiles;

  • breach of contract for manufacture and installation of custom automated production system between two U.S. parties;

  • breach of a senior executive service contract with a private equity company;

  • breach of a franchise agreement by a franchisee with operations throughout the USA;

  • breach of contract and I.P. rights with respect to automotive technology;

  • supply chain dispute involving the sale of avionics for military applications.

International (Cross-Border Disputes)

  • a dispute over fishing trawler rights concerning a Japanese and an American company involving the continental shelf;

  • breach of contract, warranty and contractual claims regarding the construction of grain silos at a port in Egypt;

  • dispute involving the construction and operation of supermarkets in the Caribbean;

  • breach of contract and related claims involving the laying of a fiberoptic cable around South America;

  • dispute over the construction of a power station in India;

  • appointment and termination of a distributor in Nigeria by a major electronics manufacturer;

  • issuance of a TRO under the AAA’s emergency application rules involving the sale of goods by a Chinese company to a U.S. company;

  • breach of contract, warranty claims and misrepresentation regarding the refurbishment of an ocean-going vessel in Brazil owned by a Middle East company and financed by international banks;

  • dispute involving the termination of a truck manufacturer in South America;

  • breach of contract of a trading contract between Hong Kong and U.S. parties;

  • breach of a franchise agreement between a Korean and a U.S. party;

  • dispute relating to a breach of an international grain shipping contract;

  • breach of the terms of an RFP regarding a telecommunications contract between a U.S. company and a Middle East government agency.