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Sherman W. Kahn, Esq.
Mauriel Kapouytian Woods
Arbitrator and Attorney


Mr. Kahn acts as an arbitrator and represents clients in international arbitration proceedings presenting complex technical and commercial issues and has arbitrated under the ICC, AAA, JCAA, and other arbitration and dispute resolution rules. The subject matter of these arbitrations has ranged from patent and trademark issues to IT outsourcing, mining, construction and commercial issues. Mr. Kahn provides advice regarding clause drafting and pre-dispute issues in connection with major construction and infrastructure projects.  He also provides advice to clients regarding structure of investments with respect to arbitration pursuant to bilateral investment treaties.  Mr. Kahn is a member of the International Centre for Dispute Resolution (ICDR) Panel of Arbitrators, the American Arbitration Association Roster of Commercial Arbitrators and the CPR Distinguished Panel of Neutrals.  He is a Fellow of the Chartered Institute of Arbitrators (FCIArb).

Mr. Kahn has published many articles regarding arbitration and dispute resolution and is active in numerous bar associations and other arbitration-focused organizations.  Mr. Kahn is Chair-Elect of the New York State Bar Association, Dispute Resolution Section for the 2013-2014 year and formerly served as chair of the Section’s Arbitration Committee.  Mr. Kahn is Vice-Chair of the American Bar Association Dispute Resolution Section Arbitration Committee.  He is a member of the New York International Arbitration Club and the CPR Institute Arbitration Committee.  He is co-chair of the Technology Committee of the New York International Arbitration Center.  Mr. Kahn speaks frequently on arbitration at meetings and conferences.

In addition to arbitration, Mr. Kahn has litigated patent matters involving complex technologies, such as programmable logic devices, microprocessors and controllers, memory devices, construction equipment, medical devices, supercomputers, LCD & PDP display devices, LED Lighting, various computer software products, and networking technologies. Mr. Kahn also litigates IT outsourcing, trade secret, trademark, copyright, and antitrust matters.  Mr. Kahn advises clients regarding information security and privacy issues for compliance and in privacy-related regulatory proceedings and litigation. Mr. Kahn represents clients in FTC and state attorney general investigations of privacy and information security practices.

Mr. Kahn practiced in Morrison & Foerster's Tokyo office for five years. During that time he was licensed as a gaikokuho jimu bengoshi and a member of the Dai-Ni Tokyo Bar Association.


Education
University of California, Berkeley (B.A., 1989)
University of California, Berkeley, School of Law (J.D., 1993)


Rankings
Sherman Kahn is recommended as a leading lawyer by Super Lawyers 2009.


Significant Arbitration Cases

  • ICDR Arbitration regarding software development outsourcing
  • ICC arbitration in Denver regarding contractor’s operation of a mine in Bolivia
  • ICC arbitration in London regarding outsourcing issues
  • ICC arbitration based in Zurich regarding construction of a steel mill in Brazil
  • AAA arbitration regarding trademark licensing
  • AAA arbitration regarding breach of a semiconductor manufacturing agreement
  • ad hoc patent infringement arbitration regarding semiconductor patent
  • ad hoc patent infringement arbitration regarding video controller patents
  • JCAA arbitration regarding alleged distribution rights in China
  • Advised client regarding substantial CPR arbitration regarding exclusive license for pharmaceutical product and associated antitrust issues
  • Numerous WIPO domain name arbitrations


Selected Arbitration Related Publications

  • An Emphasis on Arbitrator Authority— Arbitration at the Supreme Court (2012 to 2013 Term), New York Dispute Resolution Lawyer, Fall 2013
  • Arbitration at the Supreme Court (2011 to 2012 Term), New York Dispute Resolution Lawyer, Fall 2012
  • S. Kahn and D. Kiferbaum, Browsewrap Arbitration?  Enforcing Arbitration Provisions in Online Terms of Service, New York Dispute
  • Resolution Lawyer, Fall 2012
  • S. Kahn, E-Discovery Demystified for Arbitrators – Tips For How to Manage e-Discovery for Efficient Proceedings, New York Dispute
  • Resolution Lawyer, Spring 2012
  • “Developments in Supreme Court Jurisprudence: The Court's AT&T Decision and the Second Circuit's Treatment of Stolt-Nielsen,” New York Dispute Resolution Lawyer, Fall 2011, Vol 4. No. 3
  • “The Benefits of Mediation and Arbitration for Dispute Resolution in Intellectual Property Law,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2
  • “The Benefits of Mediation and Arbitration for Dispute Resolution in Outsourcing Agreements,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2
  • “Practical Uses of ADR in Outsourcing Relationships,” New York Dispute Resolution Lawyer, Spring 2011, Vol. 4. No. 1
  • Balancing Discovery with EU Data Protection in International Arbitration Proceedings, New York Dispute Resolution Lawyer, Vol. 3, No. 1, Spring 2010
  • “Manifest Disregard of the Law after Hall Street, a Continued Role for an Extrastatutory Doctrine,” January 1, 2009


Selected Bar Association Reports

  • NY State Bar Association Guidelines for the Arbitrator's Conduct of the Pre-Hearing Phase of International Arbitrations – Co-chair of committee that developed the report, drafted significant portions
  • NY State Bar Association Brochure entitled “Choose New York for International Arbitration” – Co-chair of committee that developed the report and significant involvement in its creation


Selected Speaking Engagements

  • Panelist – New York State Bar Association Business Law and Corporate Counsel Section Annual Meeting, New York Lawyers in International Matters, January 29, 2014
  • Faculty – New York State Bar Association, Dispute Resolution Section, 3 Day Commercial Arbitration Training, July 2013
  • Faculty – New York State Bar Association, Dispute Resolution Section, 3 Day Commercial Arbitration Training, July 2012
  • Alternative Dispute Resolution Workshop, 2012 Outsourcing World Summit, Orlando, Florida, February 2012
  • Co-Chair – 2012 New York State Bar Association, Dispute Resolution Section Annual Meeting, New York, January 2012
  • Faculty – New York State Bar Association, Dispute Resolution Section, 3 Day Commercial Arbitration Training:  Comprehensive Training for the Conducting of Commercial Arbitrations Pursuant to Contemporary Best Practices (presenting on arbitration discovery in domestic and international arbitration and e-discovery), June 28-30, 2011
  • Panelist – New York Global Law Week, Concluding Plenary Session, New York Law as an International Standard: Report on the Work of the NYSBA Task Force on New York Law in International Matters, May 13, 2011
  • Co-Chair and moderator – 2011 New York State Bar Association Dispute Resolution Section Annual Meeting, January 2011 (moderated panel on settlement in arbitration)
  • Panelist – 2010 New York State Bar Association Dispute Resolution Section/International Section Annual Meeting, January 2010 (Managing International Arbitration; Discovery v. Privacy in International Arbitration)


Contact information:
27 W. 24th Street Suite 302
New York, NY 10010  
New York, NY  10104-0050
Direct Dial:  (212) 524-9309
E-mail:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Website: www.mkwllp.com

 

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