David B. Wilson, a Fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators, is an independent international and U.S. arbitrator and mediator who handles complex, high-stakes commercial and IP disputes, focusing on the energy and technology sectors, among others.
A Colorado lawyer and Solicitor of the Senior Courts of England and Wales, he has 75+ arbitral appointments (including 30+ international appointments) and 40 years’ experience practicing law. He is available nationally and globally. He practiced with two AmLaw 200 firms in Denver, Colorado, from 1986 to 2024, when he became an independent neutral.
We asked him how his expertise informs his approach on the AAA Energy Dispute Resolution Panel.
Q. Tell us about your background in the energy industry and resolving energy disputes, including areas such as regulatory compliance, environmental matters, joint ventures, or other complex energy issues.
Denver is an energy hub, and I began handling energy-related matters when I began practicing in 1986. Energy disputes, especially arising out of joint ventures and M&A transactions, have always made up a big part of my practice.
Q. If applicable, tell us about your experience with cross-border energy disputes.
My practice as an arbitrator and counsel has focused on international commercial disputes, including energy matters involving oil and gas, oilfield services, renewable energy, and mining. For example, I recently chaired an ICDR case between Canadian and U.S. parties in an IP-related dispute over a device used downhole in oil and gas drilling operations. Another recent case involved a dispute between U.S. and Chinese parties over components manufactured for a solar energy plant.
Q. What types of energy disputes do you most often see in your work?
The disputes are quite varied, and include: (1) Oil and Gas Exploration, Development and Production (e.g., oil and gas leases, exploration agreements, joint operating agreements, participation agreements, areas of mutual interest, joint ventures; mergers and acquisitions); (2) Oilfield Services (e.g., drilling contracts, materials, and production; other support services; intellectual property and technology); (3) Renewable and Alternative Energy (e.g., construction and operation of solar and biodiesel plants; power line right-of-way acquisition for solar energy plants, components for solar panels, and related mergers and acquisitions; sales of goods); and (4) Mining (e.g., joint ventures, mergers and acquisitions, and requirements and supply contracts).
Q. What drew you to ADR to work in the energy space? What do you value most about serving as a neutral on AAA's Energy panel?
My work as a neutral in the energy space is a natural outgrowth of my practice as counsel. The cases are interesting and usually quite complex, and I always enjoy learning new things about the industry.
Q. What emerging trends are you seeing in the Energy sector? What developments do you think will most shape the future of dispute resolution in this area?
Although perhaps not unique to the Energy sector, arbitrators, counsel, and parties are always looking for new ways to streamline disputes.
Q. What advice do you have for parties preparing for arbitration or mediation in complex energy disputes?
Think about your case, and work to identify the material issues that are really in dispute. Also think about whether certain issues (e.g., a contract interpretation issue) can be resolved early in the case and whether early resolution of those issues would help resolve the remaining issues or permit the parties to move towards settlement.