David B. Wilson, Independent International and U.S. Arbitrator and Mediator
About
David Wilson, a Fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators, is an independent international and U.S. arbitrator and mediator. A Colorado lawyer and a Solicitor of the Senior Courts of England and Wales, he focuses on complex commercial and IP disputes in U.S. and international arbitrations, often (although not exclusively) in the energy and technology sectors. After nearly 38 years practicing with AmLaw 200 firms in Denver, Colorado, he founded David B. Wilson Dispute Resolution LLC in 2024. His practice as counsel centered on international and U.S. commercial arbitration and international and U.S. commercial litigation, and he continues to serve as an expert witness and counsel in select matters.
Named Best Lawyers in America's 2024 and 2021 Denver Arbitration Lawyer of the Year, he is the former Vice Chair of the ICC Commission on Arbitration and ADR and co-chaired the Commission's Task Force on the Use of Information Technology in International Arbitration and the Task Force on Expertise. He also served on the Commission's Working Group on the Use of Technology in Arbitration.
He is a member of the American Law Institute and a Senior Fellow of Litigation Counsel of America. He chaired the Colorado Bar Association's International Law Section from 2022-2024. As a trial lawyer, he won what was then reported to be Colorado's largest jury verdict, $125.5 million.
Since his practice began in 1986, and counting his non-arbitration work, he has handled more than 200 cross border matters in more than 40 countries and non-U.S. jurisdictions including (in alphabetical order): Argentina, Australia, Belgium, Bermuda, Bolivia, British Virgin Islands, Burkina Faso, Canada, Cayman Islands, Chile, China, Colombia, Ecuador, England, France, Germany, Ghana, Greece, Honduras, Hong Kong, Hungary, India, Israel, Italy, Japan, Kuwait, Kyrgyzstan, Mexico, Netherlands, Pakistan, Panama, Papua New Guinea, Philippines, Poland, Qatar, Russia, Saudi Arabia, Scotland, Singapore, Spain, Switzerland, Taiwan, Thailand, Tunisia, and Uzbekistan.
He was a member of Sherman & Howard L.L.C. from 2013-May 2024, which he joined after 27 years with Holme Roberts & Owen LLP/Bryan Cave HRO as a partner and associate.
Photography is one of his hobbies, and he took the photos on this website, except for the stock photo of law books and the cover photo.
Arbitration and Mediation
Arbitration
David Wilson has served as arbitrator (chair, panelist, sole arbitrator, and emergency arbitrator) approximately 60 times in international and U.S. domestic arbitrations under AAA, ICDR, ICC, and other rules, with amounts up to $640 million in dispute and including approximately 25 international appointments and dozens of international and U.S. arbitrations as counsel. As arbitrator, rather than adopt a "one-size-fits-all" approach, he works with the parties to focus the arbitration on disputed issues and otherwise tailor the schedule and procedures to save time and costs, consistently with the principle that arbitration is a party-driven process.
His experience as arbitrator in international and U.S. arbitrations and as counsel representing claimants/plaintiffs and respondents/defendants in international and U.S. arbitrations and litigation includes, for example, in alphabetical order:
ACCOUNTING: GAAP accounting and financial reporting and related professional services.
BANKING AND FINANCIAL SERVICES: Loan and security agreements, equity and debt financing, electronic payment processing, credit cards, and other commercial and investment banking.
BROADBAND TELECOMMUNICATIONS: Joint ventures, mergers and acquisitions, breaches of representations and warranties, investment banking, commercial banking, corporate governance, shareholder rights, securities, technical cooperation and services contracts, programming, equipment supply agreements, subscriber management and billing systems; and system design.
ENERGY, RENEWABLE ENERGY, AND MINING: Oil and Gas Exploration, Drilling, and Production--Various disputes over oil and gas leases, exploration agreements, operating and participation agreements, and areas of mutual interest; express and implied covenants to explore, drill, and market; farmout agreements; permitting issues; pooling agreements; royalties and shut-in royalties; title issues; federal and state excise taxes; force majeure, drill or pay clauses; midstream capacity and delay issues; and related mergers and acquisitions, post-closing purchase price adjustments, and allegations of breaches of representations and warranties. Oilfield Services--Various disputes over drilling contracts, materials, and production; downhole tools, intellectual property, and technology; waste disposal; pipeline transportation of water for fracking operations, land transportation of frack sand; safety, personal injuries and wrongful death; and other issues related to operations and personnel at the drilling site. Renewable and Alternative Energy--Various disputes over the construction and operation of a biodiesel plant, construction and operation of solar energy plants, power line right-of-way acquisition for solar energy plants, components for solar panels, and related mergers and acquisitions, post-closing purchase price adjustments, sales of goods, and other breaches of contract. Mining--Various disputes over coal and uranium (as well as gold) mines, including joint ventures, mergers and acquisitions, and requirements and supply contracts.
INTELLECTUAL PROPERTY: Patents, trademarks, theft of trade secrets and other confidential information; covenants not to compete, and unfair and deceptive trade practices.
MANUFACTURING AND DISTRIBUTION: Sales of goods, agency, unfair competition, and requirements and supply contracts.
MERGERS AND ACQUISITIONS: Post-closing purchase price and working capital adjustments (including in broadband telecommunications, energy, and renewable energy industries); breaches of representations and warranties; fraud; securities fraud; breach of fiduciary duty; shareholder rights; and freeze outs and other fights over corporate control. Matters include disputes under New York, Delaware, and various other laws.
SPACE AND SATELLITES: Satellite carriage and orbital location agreements, satellite launch services, and sales of satellite components.
TECHNOLOGY AND EMERGING TECHNOLOGY: FinTech, e-commerce and the Internet, blockchain and cryptocurrency, cybersecurity, electronic election systems, software design, software and other IP licensing, and privacy and online identity.
Mediation
Mediation can be a great way to resolve complex disputes quickly, cost-effectively, and confidentially. Formally trained as a mediator at Pepperdine's prestigious Straus Institute of Dispute Resolution, Wilson brings to the mediation table years of insights from his work in U.S. and international disputes as an arbitrator, arbitration advocate, and trial lawyer.
In addition to asking the parties to provide mediation statements, he schedules separate introductory calls with counsel before the date of the mediation to help him gain a thorough understanding of the dispute and the parties' positions. At the mediation, he works hard to help the parties understand the strengths and weaknesses of their positions and the benefits of a negotiated solution and to bring the parties together to resolve their dispute.
He is comfortable with both in-person and Zoom mediations.
Representative Matters as Arbitrator and Counsel
Arbitration (as arbitrator)
- Panel chair in an ICDR arbitration between Canadian and U.S. parties in a dispute involving patents and state law claims related to products used in the oilfield services industry.
- Panel chair in an ICDR arbitration between a multinational company and Taiwanese and U.S. companies on claims concerning parts manufactured for a power plant in Asia.
- Panel chair in an AAA arbitration in a dispute concerning the breach of an agreement for the distribution of chemical additives used in the oil and gas industry.
- Emergency arbitrator in an ICDR arbitration concerning the shareholders of a European sports team.
- Panel member in an ICDR arbitration between a multinational company and a Honduran company on claims for breach of a distribution agreement.
- Panel member in an AAA arbitration in a dispute involving a joint venture formed to supply water in connection with the oil and gas industry.
- Panel member in an AAA arbitration in a dispute under Colorado law among the members of a limited liability company over amounts owed to a withdrawing member.
- Panel member in an AAA arbitration in a dispute under North Carolina law regarding contracts for the sale of coal.
- Sole arbitrator in an ICDR arbitration involving Chinese and U.S. parties in a dispute over the sale of solar energy equipment.
- Sole arbitrator in an ICDR arbitration between Kyrgyz and U.S. parties involving the international sale of goods.
- Sole arbitrator in an ICDR arbitration between Canadian and U.S. parties involving contract and securities law issues related to the sale of renewable building products.
- Sole arbitrator in various ICDR arbitrations between Chinese and U.S. parties related to the international sale of goods.
- Sole arbitrator in an ICDR arbitration under Mexican law between a Canadian company and a U.S. company and its Mexican subsidiary on claims related to a mining venture in Mexico.
- Sole arbitrator in an ICDR arbitration in a dispute under English law between a Singapore company and a U.S. company on claims for breach of a contract for the sale of goods related to an offshore oil terminal in Asia.
- Sole arbitrator in an ICDR arbitration in a dispute between various individuals and a Canadian company on claims for breach of contract arising out of share purchase agreement involving a company in the healthcare industry.
- Sole arbitrator in an ICDR arbitration in a dispute between a Chinese company and a U.S. company concerning the manufacture, distribution and sale of die-cast molded parts.
- Sole arbitrator in an ICDR arbitration in a dispute between U.S. and Canadian parties on claims for breach of contract.
- Sole arbitrator in an ICC arbitration in a dispute on claims for breach of a contract for the sale of specialty chemicals.
- Sole arbitrator in an ICC arbitration on claims for breach of contract between a U.S. company and an Asian company.
- Sole arbitrator in an AAA arbitration alleging breaches of contract in the financial services industry.
- Sole arbitrator in an AAA arbitration alleging breach fiduciary against a former officer of a Delaware corporation in the oil and gas industry.
- Sole arbitrator in an AAA arbitration in a dispute concerning a venture for waste processing in the oil and gas industry.
- Sole arbitrator in an AAA arbitration in a dispute over cryptocurrency and cybersecurity.
- Sole arbitrator in an AAA arbitration in a dispute concerning e-commerce.
- Sole arbitrator in an AAA arbitration in a dispute on claims for breach of a contract for telecommunications networking services.
- Sole arbitrator in an AAA arbitration in a dispute for breach of a contract for accounting services.
Arbitration (as counsel)
- Representing the claimant and counterclaim-respondent in an AAA arbitration and parallel state court litigation relating to disputes with the co-owner of a corporation providing educational services.
- Representing the respondents (sovereigns) in a CIArb Rules arbitration under English law involving claims for breach of a contract for services allegedly performed in multiple jurisdictions around the world.
- Representing the claimant in an ICC arbitration under English law in a dispute with an English company over satellite launch services.
- Representing the claimant and counterclaim-respondent in an ICC arbitration under New York law against the wholly-owned subsidiary of a Spanish company in a dispute involving a solar energy project.
- Representing a co-claimant in an ICC arbitration in a multi-party dispute involving the construction of a solar energy project in Arizona.
- Representing the respondent in a British Columbia International Arbitration Centre arbitration in a dispute under British Columbia law over software development.
- Representing the claimant in an ICC arbitration under German law in a dispute over chargeback fines in e-commerce transactions.
- Representing the respondent and counterclaimant in an ICC arbitration under German law in a dispute over electronic payment processing for e-commerce transactions.
- Representing the claimant in an ICC arbitration under English law in a dispute related to a cable television project in Saudi Arabia.
- Representing the claimant in an ICDR arbitration under New York law against a Mexican company in a dispute over a post-closing purchase price adjustment related to the sale of a broadband telecommunications system.
- Representing the claimant in a non-administered AAA Commercial Rules arbitration under New York law seeking a post-closing purchase price adjustment in connection with the sale of a biodiesel plant.
- Representing the seller in multiple non-administered AAA Commercial Rules arbitrations for breach of contract under New York law against the purchaser of natural gas assets, including claims for a post-closing working capital adjustment.
- Representing the claimant in an AAA Commercial Rules arbitration for breach of contract under California law in a dispute arising from the sale of components for electric vehicles.
U.S. and international litigation
- Representing a defendant in litigation against the California Attorney General’s Office on claims involving GAAP accounting, charitable solicitations, and the First Amendment of the U.S. Constitution.
- Representing the defendant in patent infringement litigation in the U.S. District Court for the District of Delaware.
- Representing the defendants, a Canadian company and its U.S. subsidiary, in federal court litigation related to two asset sale transactions involving bankrupt companies in the election services industry.
- Representing three defendants in class action shareholder litigation in the Delaware Chancery Court concerning the merger of two publicly traded companies.
- Representing the plaintiff in state court litigation on claims for breach of contract, trademark infringement, and deceptive trade practices against a former executive and his new company.
- Representing the claimant and working with Panamanian counsel in a dispute under Panamanian law arising out of an investment in Panama.
- Representing the plaintiffs in a suit against a Hong Kong conglomerate for securities fraud, fraud, and breach of contract related to a cable television franchise in Hong Kong. After an 11-week jury trial, the plaintiffs won a $125.5 million verdict. Before trial, successfully defended interlocutory proceedings on defendants’ motion to compel arbitration in U.S. District Court, the 10th Circuit Court of Appeals, and the U.S. Supreme Court. After trial, successfully defended the judgment in the Court of Appeals and the Supreme Court, which affirmed 9-0. Through use of turnover and contempt proceedings, forced the defendants to post a supersedes bond pending appeal, which ensured that after the appeals were over, the plaintiffs would recover the $200 million in damages, interest, and attorneys’ fees to which they were entitled.
- Representing various defendants and working with Israeli counsel in a breach of fiduciary and minority shareholder rights lawsuit in the District Court of Tel Aviv-Jaffa, Israel.
- Representing the claimant and supervising and leading a team of English solicitors and barristers in a suit against a commercial and investment bank in the High Court of Justice, Chancery Division, London. The case, in which there was approximately $2 billion in dispute, concerned the extent to which a bank may compete against its customer when the customer has provided the bank with confidential information about the customer’s business and business plans. The English Court of Appeal upheld a preliminary injunction in favor of the client, and barred the bank from disposing of an asset that the client contended was acquired in violation of the bank’s duties.
Recognition and Panels
Recognition
Best Lawyers in America (Arbitration) (2017-present; 2024 and 2021 Denver Arbitration Lawyer of the Year)
Colorado Super Lawyers (Business Litigation) (2006-present)
Expert Guides' Best of the Best Global (Commercial Arbitration) (2019-2021)
Expert Guides' Best of the Best USA (Commercial Arbitration) (2017-2022)
5280 (The Denver Magazine) Top Lawyers (International) (2015-present)
Guide to the World’s Leading Experts in Commercial Arbitration (2007-2022)
Who's Who Legal (Commercial Arbitration) (2009-2019; 2022-present)
Panels and Lists
American Arbitration Association (AAA) (Large, Complex Case, Energy, Mergers and Acquisitions, Joint Venture, and Telecommunications Panels)
Asian International Arbitration Centre (AIAC) Panel of Arbitrators
Astana International Financial Centre (AIFC) International Arbitration Centre (IAC) Arbitrator Panel
BVI International Arbitration Centre Panel of Arbitrators
Cayman International Mediation and Arbitration Centre Roster of Arbitrators
EU-US Data Privacy Framework List of Arbitrators
Hong Kong International Arbitration Centre (HKIAC) Panel of Arbitrators
International Centre for Dispute Resolution (ICDR) Panel of Arbitrators and Mediators
London Court of International Arbitration (LCIA) Database of Arbitrators
Maldives International Arbitration Centre Primary Panel of Arbitrators
Mauritius Int'l Arbitration Centre List of Arbitrators
Tashkent International Arbitration Centre Panel of Arbitrators
USCIB (ICC USA) Database of Arbitrators
Organizations
Member, American Bar Association (Life Fellow, American Bar Foundation)
Member, American Law Institute
Fellow, Chartered Institute of Arbitrators (Chair, Rocky Mountain Chapter, North American Branch)
Fellow, College of Commercial Arbitrators
Member, Colorado and Denver Bar Associations (Chair, Colo. Bar Association International Law Section, 2022-2024)
Member, Equal Representation in Arbitration Pledge USA Subcommittee
Member, Federalist Society
Member, ICC Commission on Arbitration and ADR (2004-present) (Vice Chair, 2014-2018; Co-Chair, Task Force on Information Technology in International Arbitration and Task Force on Expertise (served until work of these Task Forces concluded); Member, Working Group on the Use of Technology in Arbitration)
Member, International Bar Association
Member, ICCA
Member, Law Society of England and Wales
Senior Fellow, Litigation Counsel of America
Member, Silicon Valley Arbitration & Mediation Center (SVAMC)
Chair, Rocky Mountain Subcommittee, U.S. Council for International Business (ICC USA) Arbitration Committee
Work History
David B. Wilson Dispute Resolution LLC, Independent Arbitrator and Mediator (June 2024-Present)
Sherman & Howard L.L.C., Denver, Member (2013-May 2024)
Holme Roberts & Owen LLP/Bryan Cave HRO, Denver, Partner (1993-2013); Associate (1986-1992)
Education
The University of Texas Law School, J.D, with high honors, 1986 (Order of the Coif)
The University of Texas at Austin, B.A, with highest honors, 1983 (Plan II Honors Program; Phi Beta Kappa; Omicron Delta Kappa)
MIT Sloan School of Management, "Artificial Intelligence: Implications for Business Strategy" (Certificate, 2022) and "Blockchain Technologies: Business Innovation and Application" (Certificate, 2021).
Admissions
- Attorney, Colorado, 1986
- Solicitor, England and Wales, 2013
- United States Supreme Court
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Colorado
Recent Publications and Presentations
PUBLICATIONS: Co-Author, “Tortious Interference: Colorado,” THOMSON REUTERS PRACTICAL LAW (2022); Co-Author, “Breach of Fiduciary Duty: Colorado,” THOMSON REUTERS PRACTICAL LAW (2022); Co-Author, “Fraud: Colorado,” THOMSON REUTERS PRACTICAL LAW (2021); Co-author, “Issues for Arbitrators to Consider Regarding Experts,” ICC DISP. RES. BUL. 2021, Issue No. 2 (originally published, ICC INT’L COURT OF ARB. BUL., Vol. 21, No. 1 (2010)); Co-author, “Issues for Experts Acting Under the ICC Rules for Expertise or the ICC Rules of Arbitration,” ICC DISP. RES. BUL. 2021, Issue No. 2 (originally published, ICC INT’L COURT OF ARB. BUL., Vol. 20, No. 1 (2009)); Co-author, “Emergency Arbitrator Rules Among Four Major Arbitral Institutions: Both Alike and Different,” Expert Guides (March 2019); Co-author, “An Updated Overview of Issues to Consider When Using Information Technology in Int’l Arbitration,” ICC INT’L COURT OF ARB. BUL. (April 2017); Author, “An Overview of U.S. Federal Court Decisions Regarding Interim Remedies in Int’l Commercial Arbitration,” INT’L COMMERCIAL ARBITRATION: NATURAL RESOURCES, ENVIRONMENT, AND TECHNOLOGY DISPUTES, Canadian Bar Assoc. (2005); Co-author, “Explanatory Notes on the Standards,” ICC INT’L COURT OF ARB. BUL.: Special Supplement on Using Technology to Resolve Business Disputes (2004); Co-author, “Investment in Europe: An Overview of Common Legal Issues,” THE COLO. LAWYER (June 2002); Author, “How U.S. Courts Interpret Arbitration Agreements,” INT’L DISTRIB. LAW (Siefarth ed.), Transnational Publishers (2001); Author, “Recognition and Enforcement of Money Judgments in U.S. Courts,” INT’L JUDICIAL ASSISTANCE IN CIV. MATTERS (Prell ed.), Transnational Publishers (1999).
RECENT SPEECHES: Speaker, “Oral Hearings in International Commercial Arbitration: Arbitration Advocacy from Start to Finish,” U.S. Dept. of Commerce Comm. Law Dev. Prog. and Vis Alumni Ass’n Kazakhstan (July 2024); Speaker, “AI in Arbitration: Hype, Hope, or In Between,” Penn State University Law School Symposium on Artificial Intelligence, State College, PA (March 2024); Moderator, “How Not to Annoy an Arbitrator: Tips from Int'l Arbitrators on Better Arbitration Advocacy,” Colo. Bar Assoc. Int’l Law Section and College of Commercial Arbitrators (Dec. 2023); Panelist, “Practical Tech Tips And Tools For Domestic And Int'l Arbitrators From The ICC Commission Report On Leveraging Technology,” College of Commercial Arbitrators (September 2023); Panelist, “The ICC Commission Report on Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings,” Silicon Valley Arbitration and Mediation Center (May 2022); Speaker, “Int’l Arbitration: Answering Your Questions and Receiving Your Feedback,” ICC Int'l Ct. of Arb. and AZ Assoc. of Corp. Counsel (Feb. 2021); Speaker, “Int'l Arb. in the Time of COVID,” Colo. Bar Assoc. Int'l Law Sec., Denver, CO (Dec. 2020); Speaker, “Ethics in Int'l Arb.,” AAA/ICDR and CBA Litigation and Int'l Law Secs., Denver, CO (Nov. 2019); Panelist, “Int'l Arb.: Key Issues for New Mexico Businesses,” ICC Int'l Court of Arb. and NM State Bar Trial Sec., Albuquerque, NM (June 2019); Panelist, “Cybersecurity and Data Protection in Int'l Arb.: Practical Suggestions for Case Management and Compliance,” Practising Law Inst. One Hour Briefings (Oct. 2018); "Avoiding Common Mistakes in Int'l Arb.,” ICC Int'l Court of Arb., Ariz. Assoc. of Corp. Counsel, and Global Chamber Phoenix, Phoenix, AZ (Jan. 2018); Moderator and Panelist, “Technology and ADR—The Risks and Opportunities (Legal Framework and Institutional Guidance),” Chartered Inst. of Arbitrators, London, England (Nov. 2017); “Cybersecurity in Int'l Arb.,” 12th ICC New York Conf., New York, NY (Sept. 2017); “Sanctions for Unsuccessful Challenges to Int'l Arb. Awards,” ABA “CLE in the City” Series, Int'l Dispute Res. Track, ABA Annual Meeting, New York, NY (Aug. 2017); “Avoiding Common Mistakes in Int'l Arbitration,” ICC Int'l Court of Arb., World Trade Center Denver, and Colo. Assoc. of Corp. Counsel, Denver, CO (Nov. 2016); “Key Issues in Int'l Arbitration,” ICC Int'l Court of Arb., World Trade Center UT, and UT State Bar Int'l Law Sec., Salt Lake City, UT (Mar. 2016); “Key Issues to Consider Regarding Domestic and Int'l Arb.,” AAA and Colo. Assoc. of Corp. Counsel, Denver, CO (Nov. 2015); Moderator, “Successfully Bringing Parties to the Mediation Table,” ICC Int'l Court of Arb., New York, NY (Sept. 2013); “Getting the Most Out of Int'l Arb.: Tips for Making Your Case More Efficient and Less Expensive,” AZ State Bar Convention, Phoenix, AZ (June 2013); and many other speeches and presentations.