Arbitration
For more than a decade, Arizona litigators have
increasingly relied on Shawn Aiken’s arbitration skills in resolving complex
disputes.
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Shawn Aiken's Arbitration Calendar
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AAA International Rules and Guides
AAA Code of Ethics for Arbitrators in Commercial Disputes
Annotations to the Code of Ethics for
Arbitrators in Commercial Disputes,
American Bar Association/College of Commercial Arbitrators
""Arbitration
Discovery in Domestic Commercial Cases,"
New York State Bar Association, April 2009
Commercial Arbitration Rules and
Mediation,
American Arbitration Association (AAA)
CPR Protocol on Determination of
Damages in Arbitration
"Developing an Effective
Med-Arb/Arb-Med Process,"
New York Dispute Resolution Lawyer, Spring 2009
"Dispute Resolution Law Journal" (index),
Pepperdine University School of Law
"Economical
Litigation Agreements for Commercial Contracts as a Means of Reducing Civil
Litigation Costs," International Institute for Conflict Prevention & Resolution
Global Rules For Accelerated Commercial Arbitration, International Institute
for Conflict Prevention & Resolution
"Interpreting the Federal Arbitration Act: May an Arbitrator
Issue a Prehearing, Nonparty Subpoena?" ABA Construction
Litigation Committee
JAMS Optional Expedited Arbitration
Procedures
"Journal of Dispute Resolution" (index),
University of Missouri School of Law
""Protocol
on Disclosure of Documents and Presentation
of Witnesses in Commercial
Arbitration,"
International Institute for Conflict Prevention & Resolution
"Protocols for Expeditious,
Cost-Effective Commercial Arbitration," The College of
Commercial Arbitrators
"Restrictions
on Obtaining Testimony and Documents from Non-Parties Under
the Federal Arbitration Act," Kathleen A. Roberts
Rules and Procedures, International Institute for
Conflict
Prevention & Resolution
Rules for a Pre-Arbitral Referee Procedure
Rules of Ethics for International Arbitrators
"Rules on the Taking of Evidence in International
Arbitration," International Bar Association
UNCITRAL Arbitration Rules (2010)
E-Discovery
JAMS Recommended Arbitration Discovery Protocols
for Domestic, Commercial Cases
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Shawn Aiken
has over 25 years of experience as a trial lawyer and 17 years of experience as
a neutral in business litigation and arbitration, focusing on unfair competition,
misrepresentation, business tort, intellectual property, and
contract cases, including buy-sell and operating agreements, commercial leases,
and related agreements.
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Mr. Aiken's
PDF biography provides details on his litigation, arbitration and
mediation experience
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Best
Law Firms®: Aiken Schenk earns Tier 1 rankings for Arbitration,
Mediation and Personal Injury Litigation for 2011-2012
Mr. Aiken has
conducted over 200 arbitrations, mediations, settlement conferences and jury
trials as arbitrator, mediator and judge pro tempore. He has extensive
experience in American Arbitration Association (AAA) arbitrations as counsel.
He has acted as sole
arbitrator in cases involving business and commercial claims ranging from
$200,000 to $20 million, including claims arising out of business sales and
failed mergers; Internet licensing agreements; banking; real estate disputes,
including appraisal and valuation of real property and commercial lease
interests; medical partnership and related health care contract disputes;
dispute over division of legal fees in national class action; senior executive
employment and compensation agreements; partnership, shareholder, corporate, and
accounting firm disputes; buy-sell, licensing, franchise, real estate lease,
real estate purchase, and product royalty agreements; medical and health care
services agreements; lender/borrower disputes; trade secret, unfair competition,
patent, and copyright infringement; employment termination, trade secret, fraud,
negligence, covenants not to compete/restrictive covenants, breach of contract,
overdue commissions, breach of fiduciary duty, and misrepresentation claims,
often concerning lost profit and similar financial damage claims.
Mr. Aiken has
served on
three-member panels (frequently serving as chair) in cases involving complex
claims ranging from $30 million to over $90 million and involving employment
termination; dispute between two cities involving inter-governmental agreement;
class action involving banking claims; failed merger and patent licensing
issues; valuation disputes, especially hotel and other commercial properties;
dissolution of medical partnership; and enforcement of national class-action
consent order.
International matters
have involved firms from India, Taiwan, Australia, France, Belgium and other
nations.
ADR Training
AAA Dealing With
Delay Tactics in Arbitration (ACE004), 2007, 2005
AAA Chairing an
Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006
Attended AAA
Neutrals Conference, 2005
AAA Arbitration
Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005
AAA Arbitrator
Ethics & Disclosure (ACE003), 2004
AAA Commercial
Arbitrator II Training: Advanced Case Management Issues, 2002
AAA Annual
Arbitrator Update 2001
AAA Commercial
Arbitrator Training, 1999
Maricopa County
Superior Court Mediation and Settlement Training, 1998
AAA Introductory
Arbitrator Training, 1995
Professional Activities and Honors
State Bar of Arizona:
Alternative Dispute Resolution Section; Trial Practice Section;
Fee Arbitration Panel; Civil Practice and Procedure Committee, 2002-2007
Super Lawyers®:
Top 50 Arizona Lawyers
(2009-2010)
Super Lawyers®:
Business Litigation and Alternative Dispute Resolution (2007-2010); Southwest
Super Lawyers Cover Feature (2010)
The Best Lawyers in America®:
Commercial Litigation and Alternative Dispute Resolution (2009 and 2010 editions);
Alternative Dispute Resolution (2007 and 2008 editions)
Professional Affiliations
Chartered Institute of
Arbitrators, member
American
Arbitration Association: International Arbitration Panel; National Commercial
Panel of Neutrals; National Sports Panel; Large, Complex Case
Panel; Arizona Advisory
Council |
View Shawn Aiken's AAA résumé
National Arbitration and Mediation: International Panel of Complex Commercial Arbitrators
National Academy of Distinguished
Neutrals
College of
Commercial Arbitrators: Fellow
Publications and Speaking
Engagements
“Court-Assigned Arbitration: A
Step-by-Step Guide Through the Process” (faculty member), State Bar of Arizona,
2010
"2009 Private Arbitration Update"
(faculty member),
State Bar of Arizona, 2009
"Consolidation
of Separate Arbitration Proceedings," Private Arbitration Update, State Bar
of Arizona, 2009
"The CPA’s Role in ADR," AICPA
National Fraud and Litigation Services Conference, 2008
"2008 Private Arbitration Update:
Advanced Arbitration Practice"
(faculty member),
State Bar of Arizona, 2008
"Discovery in Arbitration" (panel
member), State Bar of Arizona ADR Section, 2008
"Private Arbitration in Arizona," State Bar of Arizona, 1999
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