Dentons US LLP v Jinshu John Zhang - CPR Arbitration Final Award on the Jurisdiction of the Emergency Arbitrator Marc J. Goldstein - 2 June 2021
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’s objection to the jurisdiction of the Emergency Arbitrator is dismissed.
2. As this Award deals only with jurisdiction, and I construe CPR Rule 14.11 to pertain to an award granting or denying an emergency measure, any further determination concerning CPR administrative fees, Emergency Arbitrator fees, and the parties’ legal fees and expenses, and the amounts and allocation thereof, is reserved.
Award made at the place of arbitration, New York, New York, this 2d day of June 2021.
Marc J. Goldstein, Emergency Arbitrator