In the Matter of an Emergency Arbitration Under the CPR Non-Administered Arbitration Rules.
... Respondent joined Claimant as an equity partner in 2014 and remained in that status until his departure from Claimant on May 5, 2021. Respondent's status as a partner of Claimant is the status recited in the partnership agreement, and is recited here based on the partnership agreement without prejudice to Respondent's right to contend, in any forum, that under governing law he was an employee not a partner. The parties had a dispute over Respondent's compensation, arising from a particular engagement in which a client of Claimant introduced to the firm by Respondent brought proceedings in the US District Court for the Southern District of New York to recognize and enforce a foreign arbitral award made in China in an arbitration under the Rules of the China International Economic and Trade Arbitration Commission ("CIETAC"). Claimant's fee arrangement with the client for this engagement involved contingent compensation, and when a settlement was reached resolving the enforcement case, realization of the contingent compensation by Claimant and the impact of the potential realization on Respondent's compensation became issues that created disputes and tensions, and ultimately led Claimant to dismiss Respondent on May 5, 2021.
THEREFORE I AWARD AS FOLLOWS:
1. Respondent is directed to withdraw without prejudice the LA Superior Court action.
2. Respondent is directed to take all possible steps to effectuate the expungement of the docket entry or entries of the LA Superior Court action.
3. Respondent is directed to report in writing to the EA, copying Claimant's counsel, on compliance with this Award by May 27 at 10 a.m. PT.
4. Claimant is awarded costs of this Emergency Measures application, consisting of the CPR Administrative fee of $1000 and the EA' s fees as determined by CPR in the sum of $23,035.
5. The apportionment of the parties' reasonable attorneys' fees in respect of this Award shall be determined in a supplementary award or order. (CPR Rule 14.11).
Award made at the place of arbitration, New York, New York, this 27th day of May 2021.
Marc J. Goldstein, Emergency Arbitrator