44 (20) 342 362 97
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David W. Ichel, Esq.
Arbitrator, Mediator, Mock Trials, Special Master
David Ichel is a Chambers USA-ranked full-time mediator, arbitrator and special master in complex commercial disputes, both national and international. He retired from Simpson Thacher & Bartlett LLP in New York, where he litigated complex civil cases on both sides of the “v” and advised an international array of corporate, association and individual clients for 37 years from 1978-2015, 29 of those years as a partner.
Ichel also teaches Complex Civil Litigation at Duke Law School, where he has taught since 2011, and has taught Large Scale Litigation at University of Miami Law School (2018-2020). Ichel has also been Chair (2019-2021) and a member (2018-2023) of the Editorial Board of Judicature, the more-than-century-old journal devoted to best practices in judging, issues facing the judiciary and promoting the rule of law.
Ichel is, a panel member of the American Arbitration Association (AAA) rosters of Commercial Arbitratorsand Mediators, the International Centre for Dispute Resolution (ICDR) roster of Arbitrators and Mediators, the CPR Institute for Conflict Prevention and Resolution Panel of Distinguished Neutrals, the ICC/ USCIB panel of arbitrators and mediators, an ARIAS-US certified Arbitrator and Mediator and member of the New York City Bar Association roster of arbitrators and mediators for disputes among layers. He has served as a chair/president, party appointed arbitrator, and as a sole arbitrator, and has served in JAMS arbitrations as well as in ad hoc arbitrations. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and the Academy of Court-Appointed Neutrals.
Ichel is a member of the American Law Institute (since 1993), the Board of Visitors of Duke Law School(since 2005; Chair 2009-2014), the Advisory Committee of the University of Miami Class Action & Complex Litigation Forum (2018-2023), and he chaired the Product Liability Committee of the New York City Bar Association (2005-2008), which included nationally prominent plaintiff and defense counsel, law professors and judges. He has been admitted to the bars of New York, New Jersey, Washington, DC and numerous United States District Courts, Circuit Courts of Appeal and the Supreme Court of the United States.
Ichel received his BA degree from Duke University, summa cum laude, in 1975. He received his JD from Duke Law School in 1978, where he served on the Duke Law Journal.
Sample Mediation Appointments
M&A; Partnerships/ Joint Ventures: Numerous post-acquisition disputes involving both private equity and strategic acquisitions; international dispute over acquisition agreement for resort properties; international dispute over failure to obtain CFIUS approval of a
cross-border technology company acquisition; dispute over partnership/joint venture and IP arising out of television program Shark Tank; dispute over private equity acquisition of a data library company; dispute over private equity acquisition of investigations firm; dispute among owners and executives of a major theatrical licensing company; disputes among partners in real estate development ventures; race discrimination claim arising out of failed media joint venture.
IP/ Pharma Development/ Technology, Trademarks: Bio-pharmaceutical development contract disputes; IP misappropriation claim against major medical research institution and bio pharma company; dispute over Major League Baseball team’s use of new tradename and trademarks; dispute over technological implementation of State Medicaid data system; dispute over contract for in-store screen display advertising system and placement; Trademark litigation between two major online education providers.
Healthcare: Numerous hospital system and other provider claims against health insurance and managed care organizations, including antirust claims, payment claims and contract interpretation issues.
Insurance: Life insurance marketing practices claims, CGL and environmental pollution coverage, property and liability coverage for commercial roof collapse; aviation insurance coverage for numerous aircraft.
Accountants Liability: Litigations and arbitrations against accounting firms arising out of audited company U.S. bankruptcy proceedings and Cayman Islands liquidations.
Law Firms: Disputes over inter-law firm fee allocation, securities claims and client malpractice claims.
Banking & Securities: Misrepresentation claims against issuers, underwriters and law firms; residential mortgage backed securities disputes, public bond indenture claims; claims by billionaire investor against investment advisory firm, claims against bank for embezzled wire transfers; foreign national investment and borrower claims against Edge Act bank, claims against bank for payment on fraudulent wire transfers and lender liability claims against banks.
Executive Employment: Various cases involving termination, discrimination, benefits and non-compete and non-solicitation claims.
Supply and Distribution:. Litigations over food and beverage (soft drinks and alcohol) distributor terminations and product defect claims, solar energy project claims against manufacturer of heat transformers, chain store hardware supply.
Real Estate/ Construction: Disputes over major building foreclosure and lender liability, air rights sales, limited partner claims.
Bankruptcy/ Liquidator Trustee Claims: against failed solar energy plant equipment suppliers, accounting firms.
Sample Arbitration Appointments
Partnerships/ Joint Ventures/ M&A: Am Law 50 law firm dispute over termination of a former partner (sole arbitrator); energy infrastructure manufacturing joint venture dispute (party- appointed); dispute between healthcare benefits/ financial services companies over joint venture termination and non-compete provisions (sole arbitrator); liquidation of partnership dispute involving television, movie and theatrical prop rentals and sales (sole arbitrator); hospital purchase agreement dispute (party-appointed); disputes over a big-box retail inventory control company acquisition transition services agreement (sole arbitrator).
Supply & Distribution Agreements: International jet fuel supply contract dispute (sole arbitrator); major soft drink company distributor termination dispute (party-appointed); major alcohol beverage companies’ product IP and licensing dispute (party-appointed); refrigerant supply contract termination dispute (party-appointed).
IP/ Bio-Pharma Development: Bio pharma unfair competition and IP claims (sole arbitrator);
pharmaceutical acquisition and product development milestones dispute (party-appointed); IP and contract dispute between plant food inventor and major fresh fruit company (party-appointed); IP dispute involving cross-border alcohol beverage brand license (party-appointed); bio-pharma IP settlement agreement claims between two bio-pharma companies (sole arbitrator).
Banking & Finance: Organization of multiple credit unions dispute with loan origination and underwriting firm (party-appointed); international corporate investor dispute with major international bank (party-appointed).
Healthcare: Dispute between major university hospital system and managed care organization/ insurer over Medicare Advantage reimbursement (tribunal chair); dispute between medical provider and managed care organization/insurer over Medicare Advantage reimbursement (sole); life and health insurance company dispute with Third Party Administrator firm (tribunal chair).
Insurance and Reinsurance: Pharma plant closing and recall insurance dispute (tribunal chair); property insurance dispute between healthcare company and insurers concerning named- storm hurricane and flood coverage (tribunal chair); luxury hotel developer dispute with all risk insurer over water damage and business interruption/ project delay claims; liability insurance dispute concerning mass product liability exposure (party-appointed–insurer); product recall insurance dispute (party-appointed–policyholder); environmental pollution insurance coverage dispute (party- appointed–insurer); two covid-19 coverage arbitrations between insurers and large corporate policyholders (party-appointed–insurer); representations & warranties insurance dispute (party- appointed—insurer); liability insurance dispute concerning accidental death (party- appointed–insurer); directors & officers insurance dispute (party-appointed—insurer).
Other Commercial: Construction dispute involving construction of telephone and wireless facilities (party-appointed).
Sample Special Master Appointments
- Court appointed Special Master for commercial litigation discovery disputes and settlement mediation, including:
Cook v. Vogel (Supreme Court New York County, Commercial Part — 2018). Appointed discovery special master on consent of the parties, then asked by the parties to mediate the case. Case successfully settled. - Alam v. Ahmad (Supreme Court New York Country, Commercial Part –2019-21). Appointed special master on consent of the parties for all discovery matters in case involving international and large port facility investments.
- FPG Maiden Lane v. Bank Leumi USA (Supreme Court New York County, Commercial Part — 2022-23). Appointed special master on consent of the parties for discovery matters in this case involve mortgage foreclosure and lender liability claims involving a large Manhattan building development.