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Schnader attorneys have extensive experience in the various alternative dispute resolution methodologies, including arbitration, mediation and mini-trials, and a proven track record of success. The Firm’s Alternative Dispute Resolution Practice serves major domestic and international corporations and smaller, successful businesses throughout the United States and abroad. Our attorneys have appeared as advocates before international and domestic tribunals such as the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), the United Nations Commission on International Trade Law (UNCITRAL), the Sanctions Committee of the World Bank and Financial Industry Regulatory Authority (FINRA). Firm lawyers have also served as arbitrators in ICC and AAA arbitrations, and as court-appointed mediators. The Firm has long been an active member of the CPR Institute for Dispute Resolution, and two of our lawyers are on the CPR Institute’s National Panel of Distinguished Neutrals.

Our alternative dispute resolution experience includes:

  • Achieving a favorable settlement for our client, the owner of a nuclear power plant, in an arbitration in New York involving claims by our client for millions of dollars in capacity payments, and claims by the purchaser of the power for the alleged cost of replacement energy (estimated to be several tens of millions of dollars) incurred during an outage of the plant.
  • Obtaining a $5 million arbitration award in Pennsylvania in favor of our client, a cogeneration facility owner, against the general contractor. The dispute involved claims that the turbine generator did not provide its specified output and a defense that the facility as a whole achieved its guaranteed output, and involved complex contract interpretation, legal and technological issues.
  • Representing a turnkey contractor seeking in excess of $15 million for extra work performed on a $70 million project to replace certain industrial equipment. The owner asserted that the alleged extra work was required by the contract and that the contractor had failed to provide timely notice of extra work; the owner also claimed damages based on allegations of defective performance and breach of performance guarantees. Through non-binding mediation, we were able to achieve a favorable settlement for our client.
  • Defending a railroad against claims of more than $50 million by a national communications company involving the installation of 2,000 miles of fiber-optic cable. The disputes involved contract interpretations relating to the right-of-way over land, a variety of construction issues and claims for lost profits. After a six-week hearing, a panel of arbitrators returned an award substantially in our client’s favor.
  • Successfully representing our client, a French company, in debarment proceedings brought by the World Bank. Our client was accused of paying bribes related to a construction project in southern Africa and if found guilty, risked the loss of a significant portion of its international business. We investigated facts relating to the allegations and presented, in writing and orally, our client’s response to those allegations to a Committee of Directors of the World Bank, which determined that there was no basis for debarment. 
  • Obtaining an award in excess of $2 million for liquidated damages for late delivery of a major piece of equipment by a foreign supplier, defeating defenses that our client and force majeure events had caused the delay. We then sued to enforce the award in Texas by attaching a debt owed to the supplier by a third party. In its defense, the foreign supplier argued that the award should be reduced by the amount of foreign withholding tax that it was obligated to pay. After trial, the court rejected the supplier’s tax argument and ruled completely in our favor, ordering payment of the full amount of the award.  
  • Obtaining a favorable settlement in an arbitration in France before the International Chamber of Commerce, where a French company commenced an arbitration against our client, a Canadian company, for royalties under a technology license agreement and our client counterclaimed for damages caused by deficiencies in the technology. Our client was paid in excess of $1 million, which was substantially all our client sought.
  • Obtaining an arbitration award completely in favor of our client in a dispute concerning a 20-year contract to perform operation and maintenance services for a cogeneration facility. The dispute centered on the proper calculation of our client’s incentive fee under the operation and maintenance contract, which was tied to rate schedules that had been changed and were no longer in effect, and put in issue millions of dollars in incentive fees over the life of the contract. 
  • Acting as a party-appointed arbitrator for a major international equipment supplier in an arbitration in Florida arising from construction of a facility in South America involving claims that the equipment was defective and defenses that it was improperly operated.
  • Achieving a favorable settlement in an arbitration in New York involving a $70 million dispute over the sale of a foreign subsidiary that involved contract interpretation issues, fraud claims and U.S. and foreign accounting issues. 
  • Achieving a favorable settlement in an arbitration in New York involving our client’s claims for fraud and breach of contract against the manufacturer and distributor of its dental products.
  • Acting as a party-appointed arbitrator for a major financial institution in an arbitration involving the construction/build-out of retail space in a commercial office building. 
  • Successfully resolving claims against our client, a foreign investment group, brought in an ICC arbitration, involving the control and management of an Argentine company.
  • Successfully resolving numerous cases involving a wide array of issues, while acting as court-appointed mediator for the Federal Court in New York.
  • Achieving a favorable arbitration ruling in an international franchise dispute involving a Thai franchisee and an American franchisor.
  • Mediating to successful conclusion a case involving a post-closing financial dispute between the purchaser and seller of offshore fertilizer factories.
  • Successfully arbitrating numerous disputes under both collective bargaining agreements and mandatory alternative dispute resolution programs involving employment law and workplace issues.

Our Attorneys

Jeanne Schubert Barnum

Jeanne Schubert Barnum

856-482-5728

Cherry Hill, NJ

jbarnum@schnader.com

 856-482-5728 Cherry Hill, NJ
Michael G. Bock

Michael G. Bock

412-577-5213

Pittsburgh, PA

mbock@schnader.com

 412-577-5213 Pittsburgh, PA
George H. Kalikman

George H. Kalikman

415-364-6734

San Francisco, CA

gkalikman@schnader.com

 415-364-6734 San Francisco, CA
Hon. Timothy K. Lewis

Hon. Timothy K. Lewis

412-577-5290

Pittsburgh, PA Philadelphia, PA

tlewis@schnader.com

 412-577-5290 Pittsburgh, PA Philadelphia, PA
Leo J. Murphy

Leo J. Murphy

415-364-6709

San Francisco, CA

lmurphy@schnader.com

 415-364-6709 San Francisco, CA
Cynthia A. Murray

Cynthia A. Murray

212-973-8077

New York, NY

cmurray@schnader.com

 212-973-8077 New York, NY
Jonathan B. Skowron

Jonathan B. Skowron

412-577-5113

Pittsburgh, PA

jskowron@schnader.com

 412-577-5113 Pittsburgh, PA
Dennis R. Suplee

Dennis R. Suplee

215-751-2068

Philadelphia, PA

dsuplee@schnader.com

 215-751-2068 Philadelphia, PA
Paul H. Titus “In Memoriam”

Paul H. Titus “In Memoriam”

412-577-5224

Pittsburgh, PA

ptitus@schnader.com

 412-577-5224 Pittsburgh, PA
Ralph G. Wellington

Ralph G. Wellington

215-751-2488

Philadelphia, PA

rwellington@schnader.com

 215-751-2488 Philadelphia, PA
Keith E. Whitson

Keith E. Whitson

412-577-5220

Pittsburgh, PA

kwhitson@schnader.com

 412-577-5220 Pittsburgh, PA

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The Higher Calling Of The Law Requires...

Inclusion. When Pennsylvania Attorney General William Schnader left politics and sought to return to private practice in Philadelphia, he discovered that no major Philadelphia law firms would hire his protégé, Bernard Segal, a Jewish attorney. In response, in 1935, William Schnader, Bernard Segal and Francis Lewis formed a new law firm, Schnader & Lewis -- the first religiously integrated law firm in Philadelphia.

Innovation. Because Schnader was religiously integrated from its founding, many local clients in the Philadelphia area would not retain the firm in the 1930s and 1940s. Accordingly, the firm sought to represent larger, national companies.

Vision. Firm founder William Schnader was president of the National Conference of Commissioners on Uniform State Laws, which drafted and developed the Uniform Commercial Code. He successfully campaigned for the Code's adoption in 49 states.

The pursuit of freedom. At the request of President Truman, firm founder Earl Harrison, as Commissioner of the Immigration and Naturalization Service, toured displaced persons camps at the end of World War II and recommended to the President that displaced persons in Europe be permitted to resettle in Palestine. His report was a major factor that led to American support for the establishment of Israel.

The pursuit of justice. Firm founder Earl Harrison testified on behalf of an African-American student denied entry to the University of Texas School of Law because of his race. The case challenged the "separate but equal" doctrine, as applied to state law schools and laid the foundation for Brown v. Board of Education. The Supreme Court eventually overturned the lower courts' decisions and ordered the University of Texas to admit qualified black applicants.

Courage. Firm founder Bernard Segal convinced the Philadelphia bar to defend nine accused Communists pro bono. The defendants were convicted but their cases were thrown out on appeal. As a result, the Justice Department abandoned Smith Act prosecutions across the country.

The pursuit of justice. When George Wallace threatened to block integration of the University of Alabama, Schnader’s Bernard Segal drafted a statement in opposition. He and Jerome Shestack called lawyers all over the country requesting their support. The statement was published in the Birmingham News with 53 prominent lawyer signatories and provided support for President Kennedy's Executive Order federalizing the Alabama National Guard.

The pursuit of justice. In the wake of George Wallace's efforts to impede the integration of the University of Alabama, and at the urging of Schnader’s Bernard Segal, President Kennedy convened 244 lawyers at the White House to ask them to move the battle for civil rights and racial equality to the courts. The Lawyers’ Committee for Civil Rights Under Law was born and Jerome Shestack became its full-time executive director while continuing to practice at Schnader.

Inclusion. Firm founder Bernard Segal was chair of the ABA’s Committee on the Federal Judiciary. He advocated the appointment of federal judges of all genders and races.

Inclusion. Firm founder Bernard Segal was the first Jewish person to serve as Chancellor of the Philadelphia Bar Association. He encouraged the bar into public service and expanded its racial horizons.

Inclusion. Schnader was one of the first major Philadelphia firms to hire a female attorney.

Diversity. Schnader was a founding member of the Philadelphia Diversity Law Group, which aims to increase the number of diverse attorneys in-house and in private practice.

Inclusion. The firm appointed Albert Dandridge as Chief Diversity Officer and charged him with increasing and developing our bench of diverse attorneys.

Service. The firm adopted Caton Village (now closed), a halfway house for women in Philadelphia, where we provided free legal clinics and social and educational activities for its residents.

Service. Schnader lawyers regularly represent undocumented children who were abused or abandoned by their parents. We help these children obtain guardians, stop removal proceedings, and begin the path to citizenship.

Service. As U.S. veterans waited an average of four years for a ruling on the denial of their disability benefits, Schnader attorneys led a campaign advocating for a solution to address the backlog.

The pursuit of justice. Schnader attorneys represented Guantanamo Bay detainees, advocating for fair treatment and due process against a byzantine legal landscape.

Service. With a nonprofit partner, Schnader attorneys and staff designed and taught a pilot life skills seminar for young adults aging out of the foster care system. The program included lessons on securing vital documents, opening a bank account, looking for jobs and going to an interview.

Service. Schnader attorneys help middle school students in Pittsburgh set up a youth court, prepare for mock trials and draft a bill of rights for their school. The students learn about Constitutional law, advocacy and restorative justice from participating in these programs.

Service. Bernard Segal, a founder of the firm, believed that Schnader's hallmark is its "dedication to the higher calling of the law," which he defined as "the lawyer's obligation to assume an active role in the pursuit of a just and ordered society, in helping to solve the emerging problems of social, economic and political importance, and to serve the public as his or her client, as she or he would serve a full-paying client."