Languages

Native English speaker. 
Speaks fluently and reads Mandarin Chinese, including both traditional and simplified Chinese characters.
Japanese. 

Professional Experience in International Commercial Arbitration (Experience as Chairman / Sole Arbitrator / Co-Arbitrator / Party Representative)

Co-arbitrator in a major (US$100+ million), multiparty ICC arbitration arising out of a telecommunications M&A dispute involving Chinese and Western parties;Sole arbitrator in an SIAC arbitration concerning a VoIP (Voice over Internet Protocol), telecommunications network construction project;Sole arbitrator in a Singapore dispute concerning a POS computer network in a case governed by the SIAC Domestic Rules under an arbitration agreement requiring an arbitrator with computer expertise;Sole arbitrator in a multi-million dollar SIAC arbitration arising from a telecommunications network construction project;
Initiated and managed a domestic New Zealand arbitration proceeding on behalf of Vodafone in connection with a long-standing network interconnection dispute with a competing carrier, which resulted in a multi-million dollar settlement in Vodafone’s favor for the full amount claimed.
Initiated and managed an arbitration proceeding on behalf of Vodafone under LCIA Rules, to resolve a multi-million dollar dispute arising under a seven-year agency agreement with a competing carrier.

Professional Experience in China related Matters

David speaks fluently and reads Mandarin Chinese, including both traditional as well as simplified Chinese characters.  He frequently lectures to Chinese and Western audiences on issues of dispute resolution, corporate governance, securities law and regulation, and telecommunications.  David holds an undergraduate degree in East Asian Area Studies from Muhlenberg College (class of 1978), and is a graduate of the Oberlin-in-Taiwan Intensive Chinese Language and Area Studies Program (1975). 

David is the first and only non-Chinese Member of the ICC CHINA Lawyer Corps.  He is also a Member of the China Advisory Committee of the International Institute for Conflict Prevention and Resolution.

Professional Experience in Certain Industries.

Information and Communications Technology:

A Member of the Executive Leadership Team of Vodafone New Zealand Limited since early 2006, David has daily strategic and operational responsibility in such areas as network interconnection; local loop unbundling; base station co-location and site sharing; national and international roaming; carrier regulatory undertakings; wholesale agreements; mobile virtual network operators; numbering administration; spectrum licensing; bandwidth issues; network planning; interference disputes; pre-pay and post-pay service contracts; consumer disputes; mobile Internet; mobile advertising; disputes with dealers and sales channels; local mobile number portability; technology outsourcing and supplier relationships.  He is experienced in fixed as well as wireless access technologies, including such voice and data protocols as ISDN, DSL, VDSL, WAP, SMS, MMS, 2G, 3G, GSM, CDMA, WCDMA, UMTA, HSxPA, LTE, WiFi and WiMax, and in their commercial applications.

Mergers & Acquisitions:

David represented China Mobile in connection with four major acquisitions of operating companies from its State-owned parent, China Mobile Communications Corporation Ltd., including: 1) the acquisition in July 2004, of the Neimenggu (Inner Mongolia), Jilin, Heilongjiang, Guizhou, Yunnan, Xizang (Tibet), Gansu, Qinghai, Ningxia and Xinjiang operating companies, and the China Mobile Communication Company Limited ("CMC") and Jingyi Design Institute, for a total consideration of US$3.650 billion; 2) the acquisition in July 2002, of operating companies Anhui Mobile, Jiangxi Mobile, Chongqing Mobile, Sichuan Mobile, Hubei Mobile, Hunan Mobile, Shaanxi Mobile, and Shanxi Mobile, for a total purchase price of US$8.6 billion; 3) the acquisition in November 2000, of operating companies Shandong Mobile, Liaoning Mobile, Hebei Mobile, Beijing Mobile, Shanghai Mobile, Tianjin Mobile, and Guangxi Mobile, for a total purchase price of US$32.8 billion; and 4), the acquisition in November 1999, of operating companies Fujian Mobile, Henan Mobile and Hainan Mobile, for a total purchase price of US$6.37 billion.  He additionally led the negotiations and drafted a Strategic Alliance Agreement between China Mobile Ltd. and Vodafone Group Plc., which included a US$2.5 billion placement of shares to Vodafone, as well as negotiations over a two-year period with Hewlett-Packard Company, Vodafone Global Platform Group, and several competing global IT companies, which resulted in the formation of a US$60 million joint venture mobile data platform company, Aspire Holdings (Cayman) Ltd.

Securities:

Experienced in US and Hong Kong securities law and regulation, including the regulation of broker/dealers, investment advisors and registered persons, David has a depth of experience investigating and prosecuting securities frauds, insider-trading, affinity frauds and deceptive schemes as the former Chief of the Enforcement Division of the New York Regional Office of the US Securities and Exchange Commission (1992-94), and the Director of Corporation Finance of the Hong Kong Securities and Futures Commission (1995-97).

General Counsel to NYSE-listed China Mobile, from 1999 through 2005, David was responsible for Sarbanes-Oxley Act compliance and information disclosure, as well as the preparation of SEC filings and the handling of substantial M&A transactions and capital raising exercises.

Intellectual Property and Internet Domain Name Disputes

David is a Panelist of the Asian Domain Name Dispute Resolution Centre based in Hong Kong.  His Internet domain name dispute decisions include:

1.  HK-0800179 Complainant -- Cheung Kong Infrastructure Holdings Limited, domain name at issue长江基建.com

2.  HK-0800188 Complainant -- Cheung Kong (Holdings) Limited, domain name at issue 長江實業.com

3.  HK-0800202 Complainant -- Disney Enterprises, Inc., domain name at issue 香港迪士尼乐园.net

Education  

1981 
Juris Doctor, University of Miami School of Law, Florida, USA

1978
Bachelor of Arts, East Asian Area Studies, Muhlenberg College, Pennsylvania, USA 

1976
Oberlin-in-Taiwan Program in Intensive Chinese Language and Area Studies, Taiwan, CHINA

Further Special Information  

David was General Counsel to China Mobile during that Company’s high-growth period from 1999 to 2005.  He has the unique destinction of being the only Westerner ever to be on the payroll of this leading Chinese State Owned Enterprise.  Through his role with China Mobile and his years of study of the Chinese language, David has attained an unparalleled understanding of, and appreciation for, Chinese business  and commercial practices and customs.

Publications and Speaking Events

Guest speaker on the topic, Negotiation and Drafting of International and Domestic Dispute Resolution Provisions, at the ADR in Asia Conference hosted by the Hong Kong International Arbitration Centre, 12 September 2008, Hong Kong SAR.

Guest speaker on the topic, Multi-Jurisdictional Legal Practice, at the 18th Annual Meeting of the Inter-Pacific Bar Association, 27 – 30 April 2008, Los Angeles.

Co-Authored article entitled Dispute Resolution Practices in the Chinese Telecommunications Industry – Case Studies of Huawei Technologies and China Mobile, Asian Dispute Review, October 2007.

Guest speaker on the topic, International Commercial Arbitration, at LexisNexis, 30 October 2007, Commercial and Construction Dispute Resolution Conference 2007, Auckland.

Guest speaker on the topic, Hot Topics in International Commercial Arbitration: The Importance of Confidentiality to Corporates, at the International Bar Association (IBA) Annual Conference, 14 – 19 October 2007, Singapore.

Guest speaker on the topic, Mobile Telecommunications 2007: Challenge and Opportunity for ADR Professionals, at the World Intellectual Property Organization (WIPO) 6th International Mediation Interest Group, 3 September 2007, Geneva.

Guest speaker on the topic, Cultural Aspects of ADR: Working with Chinese Parties, at the Arbitrators’ and Mediators’ Institute of New Zealand Ltd (AMINZ) Annual Conference, 3 – 5 August 2007, Auckland.

Guest speaker on the topic, Managing Change as an In-House Lawyer, at the Corporate Lawyers of New Zealand (CLANZ) Annual Conference, 17 – 18 May 2007, Christchurch.

Guest speaker on the topic, Ethical Issues in Arbitration and Litigation in Asia, at the 17th Annual Meeting of the Inter-Pacific Bar Association, 20 – 23 April 2007, Beijing.

Featured in The In-House Lawyer magazine, February 2007, Making Peace.

Co-Authored article entitled New Zealand’s Telecommunications Industry Volunteers a Dispute Resolution Scheme for Consumers, Asian Dispute Review, January 2007.

Guest speaker on the topic, Reducing the Costs of Arbitration, at the Asia Pacific Regional Arbitration Group (APRAG) Conference, 3-5 December 2006, Hong Kong.

Guest speaker on the topic, Trips, Traps and Pitfalls in International Commercial Arbitration, at LexisNexis, 26-27 October 2006, In-house Corporate Counsel Forum 2005, Auckland.

Guest speaker on the topic, Mediating IP Disputes in the Telecommunications Industry, 21-22 August, IP Academy Global Intellectual Property Forum 2006, Singapore

Profiled in The National Business Review, 25 November 2005, Vodafone’s Curious Cat.

Guest speaker at Auckland District Law Society, 20 September 2005 Seminar, Doing Business in China, Auckland.

Keynote speaker at LexisNexis, 14 September 2005, In House Corporate Counsel Forum 2005, Auckland.

Profiled in NZ Lawyer, August 2005, A Life Less Ordinary.

Profiled in Corporate Lawyer magazine, Autumn 2005, Home and Away.

Guest speaker at China Council for the Promotion of International Trade, 15 July 2005, US-China Business Mediation Congress, Beijing.

Profiled in Asian Counsel magazine, May 2004, Palm Beach to Putonghua.

Featured in Asian Legal Business magazine, May 2004, The Best of Both Worlds.

Guest speaker at Asian Legal Business, 22-23 April 2004, In-house Legal Summit, Shanghai.

Guest speaker at Pacific Business Press, 30 October 2003, In-house Congress, Hong Kong.

Featured in Asian Legal Business magazine, June 2003, In-house at Asia’s 25 Largest Companies.

Featured in Euromoney’s Fall 2000, Guide to The World’s Leading Telecommunications Lawyers.

Memberships

Member of the ICC China Lawyer Corps. since January 2008.

Member of the Supervisory Board of the Chinese European Legal Association e.V., Hamburg.

Member of the China Advisory Committee of the International Institute for Conflict Prevention and Resolution (CPR), New York City.

Awarded Diploma in International Commercial Arbitration (DipICArb), by the Chartered Institute of Arbitrators, January 2007.

Chartered Arbitrator, Fellow Member and Panel Arbitrator, the Chartered Institute of Arbitrators (CIArb), London.

Accredited Mediator, Centre for Effective Dispute Resolution (CEDR), London.

Fellow, Hong Kong Institute of Arbitrators (HKIA).

Fellow (Arbitration), Arbitrators and Mediators of New Zealand Limited (AMINZ).

Member of the Swiss Arbitration Association (ASA).

Panel Arbitrator, the International Center for Dispute Resolution (ICDR) of the American Arbitration Association, New York City.

Panel Arbitrator, the World Intellectual Property Organisation (WIPO), Geneva.

Panel Arbitrator, the Beijing Arbitration Commission (BAC).

Panel Arbitrator, the Dubai International Arbitration Centre (DIAC).

Panel Arbitrator, the Asian Domain Name Dispute Resolution Centre (ADNDRC), Hong Kong.

Panel Mediator, the Singapore Mediation Centre.

Panel Mediator, the Intellectual Property and Technology Panel, In Place of Strife (IPOS), London.

Panel Arbitrator, the DRS-CIArb IP & Electronic Media Panel, London.

Panel Arbitrator, the Singapore International Arbitration Centre (SIAC)(Reserve Panel).

Member, Arbitration Sub-Committee, New Zealand National Committee of the International Chamber of Commerce (ICC).

Member, the London Court of International Arbitration (LCIA) Asia Pacific Users Group.

Distinguished Mediation Neutral, the US-China Business Mediation Center, Beijing.

Member, Australasian Forum for International Arbitration (AFIA).

Vice Chairman of the Corporate Counsel Committee of the Inter-Pacific Bar Association (2007 – present).

Member, Executive Committee, Hong Kong Corporate Counsel Association (2004-2005).