Attorney Paul J. Burkhart
Paul Burkhart is a skilled and dynamic arbitrator with a firm belief that there are very few disputes that cannot be resolved by arbitration.
As an arbitrator, Paul Burkhart adopts a practical and focused approach, using the benefit of his considerable experience of 16 years as an attorney dealing with complex business transactions, civil, real estate, and commercial disputes to help reach a resolution for all parties involved. His combination of legal experience as an attorney for both Plaintiffs and Defendants, combined with his practical approach, make him particularly well-equipped to deal with all the issues underlying disputes in multiple situations as they arise. He has presided over diverse business cases, property disputes, employee and financial disputes derived through multiple sources including satisfied past clients, many business and legal colleagues, and ADR forums.
Paul’s general approach to arbitration is to move as swiftly as possible towards identifying and dealing with the wider interests and key concerns of the parties, with a view of establishing common ground to reach a just settlement and/or award for the parties. He prides himself on his ability to listen to and understand the issues people in conflict have and is a strong believer in the capacity of individuals, with the aid of a good arbitrator, to reach a solution without leaving them in the hands of the Courts.
Paul is held in high regard for his open and approachable attitude and has served as tribunal chair, sole arbitrator, co-arbitrator and emergency arbitrator in matters governed by the American Arbitration Association (as of 2017) and FINRA (As of 2007) for over 139 cases and has served for matters that include the following subject matter:
- Commercial contract disputes of a wide variety (terms and conditions/supply contract/joint ventures/co-working/agency/distribution/sales agents etc), and amounts
- Franchise agreement disputes
- Professional negligence claims involving solicitors, accountants, surveyors and financial advisers
- Shareholder disputes, mergers and acquisitions
- Partnership Disputes
- Expungements
- Claims involving allegations of breach of directors duties
- Claims relating to departing employees/breach of confidentiality/removal of company property
- Warranty and other related claims following business sales
- Passing off and other breach of IP rights claims
- Claims involving wrongful/insolvent trading and director disqualification proceedings
- Experience of IT sector claims – software development contracts, framework agreements, licensing arrangements
- Experience of Music, Media, Entertainment and Sports sector claims
- Experience of disputes involving charities, their trustees and management, social enterprises, and churches/ministries
- Finance and Banking
- Negligent misrepresentation and Supervision and/or failure to Supervise for over concentration
- Negligent breach of industry rules and Contractual Negligence
- Unsuitable and materially misleading investment recommendations, strategies, advice and management
- Sales scheme; strong incentive to push product investments to investors
- Investments in highly speculative managed account options and
- Breach of Fiduciary Duties
- Unauthorized Speculation related to investments and trade
- Risky options related to trading in trust accounts
- Lack of Transparency in investments and sales
- Dissolution of wealth engagement
- Constructive trust and equitable liens
- Substantial risk investments
- Fraud, Common Law Fraud, Securities Fraud and Constructive Fraud
- Excessive FX Trading and unnecessary trading options
- Purchase of complex products (investments)
- Violations of Puerto Rico Uniform Securities Act
- Compensatory Damages for Future anticipated losses
Alternative Dispute Resolution Training includes: ADS S01 – Cybersecurity Awareness Training for AAA Panelists, 2020; What an Arbitrator Should Know About Sanctions, Immunity and Malpractice Insurance, 2019; Motion Practice Under AAA Rules: What You Need to Know, 2019; Exercises for Improving Impartiality: Becoming a Better Arbitrator , 2019; ACE20 – Cyber Security: A Shared Responsibility, 2019; AAA ACE19 Case Finances: What Arbitrators Need to Know, 2019; Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2017; AAA Arbitration Awards; Safeguarding, Deciding & Writing Awards ACE01, 2016, FINRA Arbitration
Contact our office by calling (561) 880-0155 or by visiting our website and using our online contact form.