Edna SUSSMAN

Background and Dispute Resolution Experience

Current: Arbitrator and mediator since 1995, full time since 2003, Principal SussmanADR LLC; Distinguished ADR Practitioner in Residence at Fordham Law School

Former: Litigation Partner at White & Case, LLP; Of Counsel, Hoguet Newman Regal & Kenney, LLP; Litigator, arbitrator and mediator in complex domestic and international litigations, arbitrations and mediations. Cases handled as an arbitrator involved claims ranging in value from $1 million to $1.5 billion.

Arbitration – conducted over 300 arbitrations of complex multi-million dollar commercial disputes as chair, sole and co-arbitrator under many institutional rules and in ad hoc proceedings; fellow of the Chartered Institute of Arbitrators, served as one of 6 trainers nationwide for the AAA’s new arbitrators and provides training for the AAA’s ICDR international arbitrators.

Mediation – conducted over 200 complex commercial mediations; certified as a mediator by the Courts in New York and by the International Mediation Institute and served on the mediation panel of courts in New York.

Arbitration and Mediation Panels –AAA, ICDR, CPR, Brazil, Swiss, Vienna, Hong Kong, South China, Shanghai, Singapore, Korea, Kuala Lumpur, Australia, Vietnam, Dubai, and British Columbia, Energy Arbitrators List Around the World, FINRA (securities), National Futures Ass., U.S. Institute for Environmental Conflict Resolution, NY courts, ICC registered.

Professional Recognition

- Ranked Band 1 Chambers for International Arbitration "very quick to learn the facts and arguments, makes quick and practical rulings, well prepared and interested in making sure all parties have their opportunities, tremendous leader in the field, strong common sense and ability to get a case to resolution, She's so smart, so careful and so balanced, a very effective chair, she's extremely good at cutting right to the point, conscientious and detail oriented, runs a tight ship.”
- Who's Who of International Commercial Arbitration and Commercial Mediation-Listed annually
- Best Lawyer and Super Lawyers - listed annually for Arbitration and Mediation
- Rated One of the Ten Outstanding International Mediators by Who’s Who Legal 2013
- 2021 American Arbitration Association Vision Award
- 2020 Distinguished Neutral of the Year Award, National Academy of Distinguished Neutrals
- 2017 ADR Champion, National Law Journal
- Law 360 Outstanding Woman in Energy Law

Representative arbitration and mediation matters:
• Commercial contracts: broad range of commercial disputes including payment, pricing, defective deliverables, delays, deficient services, fraud, commercial code, warranties
• Pharmaceuticals, Health Care, Life Sciences: product development, royalties, M&A, distribution, marketing, pricing, rebates, manufacture, delivery, licensing, recall, FDA issues
• Intellectual property: IP licensing, R&D, ownership disputes, patent infringement, licensing, trade secret misappropriation, trademark, trade dress, violations of NDA, FRAND, laches
• Corporate mergers, acquisitions, dissolutions, shareholder disputes: reps and warranties, post-closing adjustments, earn-outs entitlement, violation of non-compete, asset valuation, fraud
• Energy: electricity production, pricing and distribution, service contracts, photovoltaic/solar, wind turbines, hydraulic fracturing (fracking), renewable energy credits (RECs), oil spills
• Environmental: remediation responsibility, defective remediation systems, oil spills, superfund, infrastructure disputes, RECs, environmental assessments, storm water management
• Financial matters: bank/broker/customer, debt obligations, fees, tax, guarantees, hedge fund, private placement, private equity, mortgage backed securities, structured products, broker fees
• Telecommunication: carrier services, mobile phone software infringement, off-shore customer services, FRAND disputes, licensing disputes, executive stock options, post M&A disputes
• Insurance: Bermuda form, E&O, D&O, NEIL, rep & warranty, professional liability, credit risk, property and casualty, builder’s risk, malpractice, fidelity, title, transit, health, employment,
• Aviation: defective parts supply claims, warranty claims, failure to supply and delay, intellectual property, aviation R&D, ownership claims, sales commission for aircraft sales
• Partnerships and Joint Ventures: payments and ownership, accounting, mismanagement and misappropriation, breach of non-compete, removal of general partner, fiduciary duties
• Franchises/distributorships/agencies: terminations, failure to support, royalty payments, non-compete; exclusive arrangements, coop advertising, best/commercially reasonable efforts, targets
• Professionals: accountant’s liability (e.g. audit, tax advice), attorney malpractice, fee collections
• Construction and Real Estate: construction disputes, delay damages, defects, developer/landlord and tenant/coop/condo, breaches of contract for sale, sub-prime mortgages
• Securities: fraud, customer/broker/investment adviser disputes, private placements, churning
• Hospitality: development projects, motel and fast food franchisee and distributorship disputes

Education, Selected Bar Association and Professional Activities:
- Columbia Law School: (J.D. 1973); Barnard College (B. A. 1970)
- Certified LEED Buildings 2004 (Leadership in Energy and Environmental Design)
- New York International Arbitration Center, former Chair 2019-2020, Executive Committee
- AAA-ICDR Foundation, former Chair of Board of Directors 2015-2020, Director
- American Arbitration Association, Director 2010-2021
- College of Commercial Arbitrators, President 2015-2016, Fellow
- ICC - Advisory Board on Arbitration and ADR 2020- 2022, U.S. Nominations Commission 2018-2021
- New York State Bar Association
• Co-Editor-In-Chief, Dispute Resolution Lawyer; Chair 2010-2011, Dispute Resolution Section
American Bar Association
• Co-Chair, Arbitration Committees, 2010-2012, International and Dispute Resolution Sections
• Chair, Renewable Energy Committee 2006-2008, Chair, Dispute Resolution Committee 2008-2010, Section of Environment Energy and
Resources
New York City Bar Association
• Chair, Energy Committee 2006-2009
Energy Bar Association - Chair, Alternative Dispute Resolution Committee 2008-2009