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Arbitration

Kercsmar & Feltus helps our clients resolve difficult business challenges in the forum that is best suited to the client’s strategic interests. That forum is often not a lawsuit in the public courts, but some other form of dispute resolution. Our lawyers are not only skilled advocates in the courtroom setting, but also in arbitration, mediation and a full compliment of other alternative dispute resolution processes including neutral case evaluation, mock trial, mini-trials and summary jury trials. 

Our lawyers have arbitrated matters before single arbitrators and arbitration panels. We are familiar with the rules and procedures of the primary international, national, regional, and local arbitral institutions, such as the International Chamber of Commerce, the American Arbitration Association and JAMS. Additionally, we are well acquainted with the ADR processes of self-regulating organizations like the Financial Industry Regulatory Authority (FINRA, the sucessor to the National Association of Securities Dealers, Inc.). 

Our ability to help resolve complex matters is reflected in the breadth of our arbitration experiences in disputes related to:

  • General Commercial Issues
  • Contract Disputes
  • Corporate Governance Issues
  • Securities 
  • Telecommunications
  • Technology Licensing and Enforcement
  • Intellectual Property and Trade Secrets
  • Commercial Real Estate
  • Construction Contracts
  • Labor and Employment Law

Kercsmar & Feltus’s lawyers also regularly provide other related ADR services, such as counseling clients in the drafting of contractual arbitration and mediation clauses.


Representative Cases

  • Successfully defended owners of mill-working business in three-day arbitration hearing against claims arising from the sale of the business
  • Successfully represented individual investors in three day arbitration against one of the largest condominium developments in Maricopa County
  • Represented a real estate development consulting company in multi-million dollar AAA arbitration dispute involving a planned 800-acre mixed-use development project
  • Successfully defended retail tanning franchise in AAA arbitration procedure against franchiser arising from franchise agreement
  • Successfully represented a major ice cream and dessert franchiser in several AAA arbitrations involving franchisees
  • Successfully defended a national bank against plaintiffs seeking to enforce sham arbitration awards against the bank
  • Represented buyer of waste management business in claims related to purchase of business, including complex fraud and breaches of representations and warranties
  • Represented seller of rare automobile in dispute against auction house over failed sale of the vehicle

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