A. H. Gaede

MEDIATION:

• Member Alabama State Court Mediator Roster
• Best Lawyers: Alternate Dispute Resolution
• Super Lawyers (Birmingham): ADR
• In practice handled many mediations for clients, including matters in France and Switzerland
• As mediator a number of times. Disputes included power plants, sewer water tunneling, highways, NASA facility, steel supply and erection, university facility, etc. and involved relatively small amounts to over $40 million.
• Have attended several training courses, including Harvard University Law School, CPR and Alabama required 20 hour course (on Alabama State Court Mediator Roster). Lectured and written articles on partnering, Dispute Review Boards, mediation and other ADR techniques.

INSTRUCTOR:

• University of Alabama School of Law, Appellate Advocacy, 1970, and European Union Law (1998-2007)
• University of Fribourg School of Law, (a) Comparative Law and (b) FIDIC Seminar, Switzerland, 1980; International Arbitration (2004-present)
• Cumberland School of Law, Negotiation (2001-2007)
• Frequently lectures on construction and procurement law and ADR
• Have written numerous articles and lectured extensively to local, national, and international seminars for construction industry executives, design professionals, and other lawyers on all aspects of construction law, including ADR subjects including partnering, Dispute Review Boards, mediation and arbitration

MEMBER:

• The Best Lawyers in America (ADR and Construction)
• Fellow, American College of Construction Lawyers (Board of Directors 1994-97, 2002-2007; Executive Committee 2002-2007; Treasurer 2002-2003; President 2004-2005; Co-Chairman International Committee 1995-97)
• Alabama Bar Association (Co-chair ADR Committee 1990-91 and 2009-10)
• Birmingham Bar Association
• American Bar Association (Law School Accreditation Committee [2003-2007], Forum Committee on the Construction Industry, and Sections of Litigation and Tort and Insurance Practice)
• International Bar Association (International Construction Projects)
• Chartered Institute of Arbitrators
• Fellow, Alabama Law Foundation

ARBITRATION:

DOMESTIC:

• Involved in many domestic arbitrations as both party advocate and arbitrator (generally as Chair); most, but not all, of these cases have been held under the AAA Rules, both Commercial and Construction. The total number of such cases is over 50 and dealt with various types of disputes. However, the majority related to construction projects and related engineering, design, and construction issues, including major league baseball park, landfill, supply contracts, financing agreements, hotels, insurance, power plants, etc.
• Have written a number of articles and given a number of seminars that address various aspects of domestic arbitration.

FOREIGN:

• Involved as legal counsel and arbitrator for disputes arising out of projects or dealings in Australia, Egypt, France, Germany, Iran, Mexico, Nepal, New Zealand, Saudi Arabia, Switzerland, and foreign companies doing business in the United States.
• Experience with international arbitration and familiar with international arbitration rules and procedures as follows:
  • Counsel of record for five cases before the Iran U.S. Claims Tribunal. This was an arbitration procedure established pursuant to declarations between the United States and Iran. The rules of procedure were based upon the UNCITRAL rules as modified by the Tribunal. Of the five cases, three were tried to conclusion and decisions were rendered by the Tribunal. The other two cases were settled after all filings had been made to the Tribunal and shortly prior to hearing. These proceedings were conducted in a manner that is similar to most international arbitrations. The cases involved construction of hotel, military housing, recovery of bank accounts, etc.
  • Counsel of record for one of the parties in more than 20 international arbitrations, most under ICC Rules. A few of these cases were settled after minimal proceedings. Several of these cases were settled after extensive proceedings, including the filing of initial and responsive memorials. Several of these proceedings were tried to conclusion and awards were issued. These cases involved a university in Saudi Arabia, theme park in France, sales agreement in Switzerland, port facility in Mexico, sales contracts for wood chips to a Japanese company, chemical plant in U.S., etc.
  • A party designated arbitrator in seven ICC arbitrations, Chairman in one ICC arbitration and sole arbitrator in one ICC arbitration. These cases involved hydro-electric facility, multi-fuel power plant, manufacturing plant, water treatment plant, hotel, etc. The projects were in India, Nepal, Egypt, Armenia, Curacao, and other countries.
  • Chairman in AAA (International) arbitration involving power plant in Pakistan.
  • Panel member in AAA (International) arbitration involving port facilities in Puerto Rico.
  • Counsel of record in cases handled through the Cairo Centre for International Arbitration (award issued) and the Zurich Chamber of Commerce (settled).
  • Over the last 25 years written articles and given a number of speeches or seminars that dealt with various aspects of arbitration, including procedures before the Iran U.S. Claims Tribunal, ICC Rules, etc. Served as Chairman and Co-Chairman of the International Committee of the American College of Construction Lawyers.

ARBITRATION:

DOMESTIC:

• Involved in many domestic arbitrations as both party advocate and arbitrator (generally as Chair); most, but not all, of these cases have been held under the AAA Rules, both Commercial and Construction. The total number of such cases is over 50 and dealt with various types of disputes. However, the majority related to construction projects and related engineering, design, and construction issues, including major league baseball park, landfill, supply contracts, financing agreements, hotels, insurance, power plants, etc.
• Have written a number of articles and given a number of seminars that address various aspects of domestic arbitration.

FOREIGN:

• Involved as legal counsel and arbitrator for disputes arising out of projects or dealings in Australia, Egypt, France, Germany, Iran, Mexico, Nepal, New Zealand, Saudi Arabia, Switzerland, and foreign companies doing business in the United States.
• Experience with international arbitration and familiar with international arbitration rules and procedures as follows:
  • Counsel of record for five cases before the Iran U.S. Claims Tribunal. This was an arbitration procedure established pursuant to declarations between the United States and Iran. The rules of procedure were based upon the UNCITRAL rules as modified by the Tribunal. Of the five cases, three were tried to conclusion and decisions were rendered by the Tribunal. The other two cases were settled after all filings had been made to the Tribunal and shortly prior to hearing. These proceedings were conducted in a manner that is similar to most international arbitrations. The cases involved construction of hotel, military housing, recovery of bank accounts, etc.
  • Counsel of record for one of the parties in more than 20 international arbitrations, most under ICC Rules. A few of these cases were settled after minimal proceedings. Several of these cases were settled after extensive proceedings, including the filing of initial and responsive memorials. Several of these proceedings were tried to conclusion and awards were issued. These cases involved a university in Saudi Arabia, theme park in France, sales agreement in Switzerland, port facility in Mexico, sales contracts for wood chips to a Japanese company, chemical plant in U.S., etc.
  • A party designated arbitrator in seven ICC arbitrations, Chairman in one ICC arbitration and sole arbitrator in one ICC arbitration. These cases involved hydro-electric facility, multi-fuel power plant, manufacturing plant, water treatment plant, hotel, etc. The projects were in India, Nepal, Egypt, Armenia, Curacao, and other countries.
  • Chairman in AAA (International) arbitration involving power plant in Pakistan.
  • Panel member in AAA (International) arbitration involving port facilities in Puerto Rico.
  • Counsel of record in cases handled through the Cairo Centre for International Arbitration (award issued) and the Zurich Chamber of Commerce (settled).
  • Over the last 25 years written articles and given a number of speeches or seminars that dealt with various aspects of arbitration, including procedures before the Iran U.S. Claims Tribunal, ICC Rules, etc. Served as Chairman and Co-Chairman of the International Committee of the American College of Construction Lawyers.

AUTHOR:

• Observations on the 1980 Edition of the FIDIC–Electrical and Mechanical Conditions of Contract, ” International Business Lawyer, 1982
• “FIDIC Mechanical and Electrical Terms,” International Bar Journal, 1982
• “The FIDIC Forms,” Federal Publications, 1984
• “ADR–The U. S. Experience and Some Suggestions for International Arbitration: The Observations of an American Lawyer,” The International Construction Law Review, Vol. 8, Part 1, January 1991
• “The Silver Book: An Unfortunate Shift from FIDIC’s Tradition of Being Even-Handed and of Focusing on the Best Interests of the Project,”The International Construction Law Review, Vol. 17, Part 4, October 2000
• Author of Chapter 23 entitled “Resolution of Disputes Arising Out of International Construction Projects” for the Stein Treatise on Construction Law, (Lexis-Nexis 2007)
• Author of the chapter on International Arbitration for the Practicing Law Institute book Construction Litigation, Second Edition (1992) and Third Edition (2008)
• Authored paper on Discovery in International Arbitration presented to and published by English Society of Construction Lawyers, October 2008.

CO-AUTHOR:

• “Federal Procurement Contracts–Dispute Resolutions and the Developing Common Law,” 27 Alabama Law Review 1, 1975
• “The Multi-Prime Job,” Construction Briefings, May, 1979
• “Liability of Architect-Engineers,” 80-2 Construction Briefings, March, 1980
• Architect-Engineer Liability Under Alabama Law, The Cambridge Institute, 1987 (updated annually)
• Construction Claims Under Alabama Law, The Cambridge Institute, 1988 (updated annually)
• “Delays and Disruptions,” Construction Contracts and Litigation 1990, Practicing Law Institute, 1990

CONTRIBUTING AUTHOR:

• Chapter 4, “Compute the Damages,” Seven Steps to Resolving Construction Contract Claims, The B. Warren Hart Memorial Lecture Series in Construction Law, Litigation Section, American Bar Association, 1983
• “Construction Claim Damages,” Construction Contract Litigation XIII Seminar, The Florida Bar, 1984
• “Using Experts for Claims Preparation: Liability and Damages,” Construction Contract Litigation IX Seminar, The Florida Bar, 1985
• Chapter 4, “Industrial Construction Projects,” Construction Joint Ventures, Forms and Practice Guide, Wiley, 1992
• 50 State Public Construction Contracting, Wiley 1996 (2 vols.) [co-editor]
• Chapter 8, “Risk Management in Design-Build,” Handling Construction Risks  Allocate Now or Litigate Later, Practicing Law Institute, 1998, 2001, 2002
• Chapters on Architect/Engineer Liability and on Bonds in Nash Construction Law Treatise (waiting publication)