Arbitration

Service as an arbitrator constitutes a significant portion of Mr. Feliu’s practice. He has served as an arbitrator for the American Arbitration Association since 1996 when the AAA initiated its Employment Disputes Panel to which he was appointed. He has since joined the AAA’s Large, Complex Commercial Panel and its Class Action Panel. He is also a long-time panelist on CPR’s Employment Disputes and Commercial Panels and a panelist with the National Academy of Distinguished Neutrals. He has been appointed to serve as arbitrator in approximately 400 cases.

Mr. Feliu is the Editor-in-Chief of the leading treatise in the employment dispute resolution area, ADR in Employment Law (Bloomberg/BNA 2015), and is a frequent lecturer and trainer on employment and commercial arbitration topics. Mr. Feliu is a former Chair of the Labor & Employment Law Section of the New York State Bar Association and for many years was the co-Chair of its Alternative Dispute Resolution Committee.

Mr. Feliu strives to run a focused and efficient pre-hearing and hearing process. He manages the arbitration diligently, scheduling frequent management and status conferences. While recognizing that the parties “own” the process, Mr. Feliu never loses sight of his obligation to manage the arbitration in a cost-effective and efficient manner.

Representative claims in the commercial setting arbitrated to an award by Mr. Feliu include: general breach of contract disputes; breach of fiduciary duty claims; partnership disputes; fraud and fraud-in-the-inducement claims; business tort claims; misappropriation of corporate assets and conversion claims; shareholder disputes in privately-held corporate setting; minority shareholder disputes; stock, stock option, and stock valuation disputes; consulting and independent contractor disputes; real estate lease disputes; tortious interference claims; negligence claims, and; legal malpractice disputes.

Claims in the employment setting ruled on by Mr. Feliu include: discrimination, harassment, and retaliation claims under all major federal legislation and a number of state and local laws; wage and hour disputes on both an individual and class basis; breach of employment contract disputes; executive and employee compensation and benefit claims, including severance, commission, stock valuation, and change of control claims; enforcement of post-employment restrictions; defamation claims; alleged breaches of duty of loyalty and fiduciary duty; pension/ERISA claims; whistleblower and wrongful discharge suits; FMLA claims, and; fraud and fraudulent-in-the-inducement claims.

Mr. Feliu has significant class action experience as a practitioner, arbitrator, and mediator, and has served as arbitrator in a number of FLSA collective actions and state law class actions, including one that went through to hearing and a final award.

The industries in which claims before Mr. Feliu were arbitrated and awards issued include: financial services and banking; accounting; health care and hospitals; education; pharmaceutical; biotechnology; insurance; fashion and textile; manufacturing; medical and veterinarian practices; hospitality and restaurant; retail; broadcasting; telecommunications; advertising and public relations; publishing; real estate; legal services; sports; transportation; energy and power utilities, and; home improvement.