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Phoenix Commercial Arbitrator

Best Law Firms Tier 1 Arbitration, Mediation, Personal Injury

Aiken Schenk is a Best Law Firms®
Metropolitan Tier 2 (Phoenix) Honoree for Arbitration

 

Arbitration Calendar for Shawn Aiken

 

Click for Printable Summary of Available Dates

To confirm Shawn Aiken's schedule, or to request availability for
Wednesday or Friday, please call DeAnn Buchmeier at 602-776-3185.

Cancellation Period: 14 days

If an arbitration hearing is cancelled or postponed less than two weeks before the hearing date, the arbitrator shall retain 100% of the arbitrator’s compensation.

E-Discovery

JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases

Arbitration Resources

AAA Commercial Arbitration Rules & Mediation Procedures (eff. 10-1-13)

AAA Code of Ethics for Arbitrators in Commercial Disputes

AAA Subpoena Form

AAA Standard Scheduling Order

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

"Arizona Adopts the Revised Uniform Arbitration Act," Hon. Bruce E. Meyerson (Ret.)

Arizona Revised Uniform Arbitration Act

Best Practices in Commercial Arbitration” (webinar), Shawn Aiken and Hon. Bruce E. Meyerson (Ret.), American Arbitration Association, April 2016

"Better Litigating Through Pre-Trial Agreements," Stephen D. Susman and Johnny W. Carter Appendices: Pretrial Agreements • Trial Agreements

CPR Protocol on Determination of Damages in Arbitration

CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration

"Developing an Effective Med-Arb/Arb-Med Process" New York Dispute Resolution Lawyer, Spring 2009

"Dispute Resolution Law Journal" 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

Federal Arbitration Act

Global Rules For Accelerated Commercial Arbitration

Guidelines for Arbitrators Conducting Complex Arbitrations

Guidelines on Early Disposition of Issues in Arbitration

"Interpreting the Federal Arbitration Act: May an Arbitrator Issue a Prehearing, Nonparty Subpoena?" - ABA Construction Litigation Committee

JAMS Optional Expedited Arbitration Procedures

The New Administered Arbitration Rules in a Nutshell

New York State Bar Association Guidelines for the Arbitrator's Conduct of the Pre-Hearing Phase of International Arbitrations

Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration

Protocols for Expeditious, Cost-Effective Commercial Arbitration

"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 for Expedited Arbitration of Construction Disputes

Rules for Non-Administered Arbitration

Rules for Non-Administered Arbitration of International Disputes

Rules for Non-Administered Arbitration of Patent & Trade Secret Disputes

Rules of Ethics for International Arbitrators

Rules on the Taking of Evidence in International Arbitration

Tandem Expert Witness Examination Alternatives One and Two - Laura Kaster, Stan Sklar, Scott Donahey

"Through a Glass Darkly: Non-Party Discovery Under the Federal Arbitration Act," - Steven P. Caplow

UNCITRAL Arbitration Rules (2010)

  Phoenix commercial arbitrator Shawn Aiken

Shawn Aiken's arbitration work in commercial disputes focuses largely on contracts – with an emphasis on shareholder, partnership, operating and other commercial agreements – unfair competition, misrepresentation, business torts, and intellectual property.

Shawn Aiken has acted as sole arbitrator in cases involving business and commercial claims ranging from $200,000 to over $100 million, including claims concerning:

  • asset acquisitions, including business sales and failed mergers

  • internet licensing agreements

  • banking

  • construction claims, especially delay and defects

  • real estate disputes, including lease and purchase agreements and especially appraisal and valuation of real property and commercial lease interests

  • medical partnership and related health care contract disputes, including medical services agreements

  • division of legal fees in national class action

  • senior executive employment and compensation agreements

  • partnership, shareholder, corporate, and accounting firm disputes

  • licensing, franchise, and product royalty agreements

  • lender/borrower disputes

  • trade secret and unfair competition claims

  • patent and copyright infringement cases

  • employment termination, including claims arising out of restrictive covenants, buy-sell provisions and related claims

  • trade secret, fraud, negligence, 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) involving complex cases with claims and counterclaims ranging in value from $30 million to over $90 million concerning:

  • wrongful employment termination

  • dispute between two cities involving inter-governmental agreement

  • class action involving banking claims

  • investment banking services agreement

  • 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.

Cases concerning international matters have involved parties from India, Taiwan, South Africa, Australia, France and Belgium.

Economic Damages. Shawn Aiken has an extensive background, in advocacy and arbitration, in disputes concerning complex economic damages, including:

  • damages models (e.g., but-for causation, lost profits, use of funds, loss or destruction of business, present value, and business interruption losses);

  • business and asset valuation opinions and issues (e.g., application of discounts, definitions of value, and income analysis);

  • accounting principles and issues, including analyses of financial statements;

  • economic methods and statistical analyses (e.g., regressions and Monte Carlo methods); and

  • presentations of damages related to claims and defenses concerning loss causation, consequential losses, out-of-pocket costs, mitigation, future losses, and punitive damages.

Fees

Mr. Aiken’s arbitration and mediation services are billed at the rate of $550 per hour, including study time, e.g., reviewing memoranda and deliberating. When services are provided directly rather than through a third-party provider organization, Mr. Aiken’s engagement letter details compensation arrangements, including advance payment of deposits for fees.

Training Received, American Arbitration Association (AAA)

Conducting Research and Investigations, 2014

Principled Deliberations (Faculty), 2014

Fundamentals of Effective Mediation Advocacy, 2010

Dealing with Delay Tactics in Arbitration (ACE004), 2007, 2005

Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006

Attended AAA Neutrals Conference, 2005, 2016

Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2005

Arbitrator Ethics & Disclosure (ACE003), 2004

Commercial Arbitrator II Training: Advanced Case Management Issues, 2002

Annual Arbitrator Update 2001

Commercial Arbitrator Training, 1999

Introductory Arbitrator Training, 1995

Professional Activities and Honors

Fellow, American College of Trial Lawyers

Best Law Firms®: Aiken Schenk earns Tier 1 rankings for Arbitration and Mediation for 2013, 2014, 2015

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 (2009-2016)

Super Lawyers®: Business Litigation and Alternative Dispute Resolution (2007-2016)

The Best Lawyers in America®: Commercial Litigation and Alternative Dispute Resolution (2007-2017 editions)

Professional Affiliations

Fellow, College of Commercial Arbitrators: Established in 2001, the College of Commercial Arbitrators (CCA) is an invitation-only organization of professional commercial arbitrators. CCA Fellows are nationally and internationally recognized commercial arbitrators, who promote the highest standards of professionalism, integrity and recommended “best” practices in the field of commercial arbitration. The CCA’s activities are primarily directed to commercial arbitration professionals, the public, corporate law departments, arbitration service providers and advocates in commercial arbitration proceedings.

State Bar of Arizona: Alternative Dispute Resolution Section; Trial Practice Section

National Academy of Distinguished Neutrals | View Shawn Aiken's NADN Profile

Arbitration Rosters and Panels

American Arbitration Association: National Commercial Panel of Neutrals; National Sports Panel; and, Large, Complex Case Panel; ICDR

National Academy of Distinguished Neutrals

Publications and Speaking Engagements

Best Practices in Commercial Arbitration” (webinar co-presenter), American Arbitration Association, April 2016

“Neutrals’ Roundtable: Motions and Award Modifications” (panelist), American Arbitration Association, Denver, 2015

"Conducting Research and Investigations: The Arbitrator’s Authority" (faculty), American Arbitration Association, 2014

“Ten Worst Mistakes Lawyers Make in Arbitration” (webinar), Sandra Day O’Connor College of Law, 2014

“Recent Cases which Govern Drafting an Enforceable Arbitration Clause” (co-presenter), State Bar of Arizona Alternative Dispute Resolution Section CLE, 2014

“Principled Deliberations: Decision-Making Skills for Arbitrators" (faculty), American Arbitration Association, 2014

“Managing a Successful Arbitration” (panelist), American Arbitration Association University (Phoenix), 2013

“Ten Worst Mistakes Lawyers Make in Arbitration” (presenter), Sandra Day O’Connor College of Law (telephonic seminar), 2013

“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