Philip E. Cutler
Arbitration & Mediation Services
Mediation and arbitration can be thought of as a dance, though, tailored as they must be to the parties' needs, less choreographed than Jack Mackie's iconic Dance Steps.
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Representative Arbitrations

  • Panel chair (4 week principal hearing (56 page award on 10 claims); 4 additional weeks of hearing on other claims) in complex and protracted AAA-administered 9-figure case involving major citrus growers’ claims and counterclaims for breaches of a joint venture farming, financing, packing and marketing agreement and related legal and business disputes involving those operations and a related agricultural cooperative (including claims involving Sherman Act §1, Capper-Volstead Act); venued in California’s Central Valley.
  • Panel chair (2 weeks of hearing anticipated in late winter 2015) in AAA-administered 7-figure case involving claims against large CPA firm for negligent tax advice; venued in San Francisco.
  • Sole arbitrator (6 hearing days anticipated in early spring 2015) in AAA/ICDR-administered 7-figure case involving Brazilian franchisee’s claims against its U.S.-based franchisor; venued in Seattle.
  • Panel chair (6 hearing days) in complex AAA/ICDR-administered international (Switzerland and U.S.) 8-figure case involving breaches of a contract between an aircraft owner and a VIP aircraft-interior modification company; venued in Seattle.
  • Sole arbitrator in AAA-administered 7-figure employment termination dispute (11 hearing days) between senior executive and public-company employer; venued in Portland OR.
  • Sole arbitrator in 8-figure private arbitration involving a breach of contract dispute between aircraft parts manufacturer and its distributor (7 hearing days).
  • Neutral panel member in AAA-administered 8-figure securities dispute between Indian tribe and its financial advisors (4+ weeks of hearing, including tribe’s contest of liability for prevailing respondents’ attorneys’ fees (sovereign immunity)); sole arbitrator in another breach of contract case involving an Indian tribe/tribal organization and a non-tribal contractor/vendor (sovereign immunity defense).
  • 6-, 7- and 8-figure FINRA-administered cases involving customer/broker securities claims – chair in several (7-10 hearing days each), sole arbitrator or neutral panelist in others (3-10 hearing days each).
  • Several AAA-administered 7-figure franchisor/franchisee disputes – chair in 1 (5 hearing days, venued in Sioux Falls SD), sole arbitrator in other cases involving state/federal regulatory/disclosure claims and related claims for fraud/misrepresentation and breach of contract (multiple hearing days).
  • Sole arbitrator in AAA/ICDR-administered 5- and 7-figure international franchise cases (Mexican franchisee’s claims against U.S. franchisor for encroachment and wrongful termination (5 hearing days), venued in Pittsburgh PA; Brazilian franchisee’s claims against U.S. franchisor for wrongful termination and related domestic and foreign regulatory/disclosure claims (3-5 hearing days anticipated), venued in Seattle).
  • Panel chair in AAA-administered 7-figure breach of warranty dispute involving large agricultural equipment (8 hearing days).
  • Panel chair in 6-figure private arbitration involving dispute between agricultural cooperative and joint venture partner over interpretation of commodity purchase contract and LLC agreement (1 week of hearing).
  • Chair or neutral panelist in AAA-administered 7- and 8-figure breach of contract disputes involving the communications industry (wireless and broadcast media) (multiple hearing days).
  • Panel chair in athletes’ AAA-administered challenges of U.S. Olympic Committee’s rulings under the Ted Stevens Olympics & Amateur Sports Act (3 hearing days) and sole arbitrator in others.
  • Sole arbitrator in over 100 King County Superior Court Mandatory Arbitrations.

Representative Special Master Assignments

Discovery Master –

  • Kirlan Venture Capital v. Regis and Tenneson (King County Superior Court, 2001).  Counsel for Kirlan:  Todd S. Fairchild, Dorsey & Whitney LLP, Seattle – todd.fairchild@dorsey.com.  Counsel for Regis:  Robert J. Adolph, The Adolph Group PLLC, Seattle –  rjadolph@adolphlaw.com.  Counsel for Tenneson:  Ralph H. Palumbo, The Summit Law Group, Seattle – ralphp@summitlaw.com. 

Settlement Master –

  • In re Weyerhaeuser Hardboard Siding Class Action Settlement (San Francisco Superior Court, 2000-2011).  Class Counsel: Jonathan D. Selbin, Lieff Cabraser Heimann & Bernstein LLP, NY – jselbin@lchb.com; Christopher I. Brain, Tousley Brain Stephens PLLC, Seattle – cbrain@tousley.com.  Counsel for Weyerhaeuser: Thomas L. Boeder, Perkins Coie LLP, Seattle – tboeder@perkinscoie.com.

  • In re Louisiana Pacific Inner Seal Siding Settlement (USDC, District of Oregon, 1997-98).  Class Counsel:  Christopher I. Brain, Tousley Brain Stephens PLLC, Seattle – cbrain@tousley.com.  Counsel for Louisiana Pacific: Thomas L. Boeder, Perkins Coie LLP, Seattle – tboeder@perkinscoie.com

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