Steven A. Certilman, C.Arb, FCIArb
Chartered Arbitrator

Representative Arbitrations

• Claim of breach of auction bidder agreement in connection with auction of real estate.
• Insurance premium audit claim.
• Insurance coverage and valuation claim relating to damage to a highly collectible classic car.
• Real estate partnership dispute in which some members wanted to sell their interest in the underlying real estate and the others wanted to exercise their right of first refusal to buy the membership interests of the selling members. The issues related to the form and substance of this transaction.
• Umpire appointed to determine fair market rental value of a Manhattan commercial space for purposes of established renewal rent.
• Determination of rights of co-founding partner of technology firm upon split between the founding members.
• Claim for breach of business development services in the aviation support industry.
• Copyright claim with motion for preliminary injunction relating to design, graphics, architecture and source code for a continuing education platform.
• Real estate development claim in which contract vendee of more than eighty units of a residential condominium sought specific performance or money damages for breach.
• Real estate claim brought by contract vendee in which vendee claimed the valid exercise of a right to terminate after a stated date and vendor refused to refund the contract deposit.
• Business broker who produced an party ready to purchase sought payment of the agreed fee based upon seller’s alleged failure to negotiate with the interested party.
• Website refresh and development implementation claim involving SAP ERP software with Web Channel Experience Management (WCEM) and Customer Relationship Management (CRM) modules.
• Claim under e-commerce website development agreement alleging qualitative deficiencies relating to integration of Magento platform with client’s Enterprise Resource Planning (ERP) software.
• Claim alleging breach of SAP software consulting agreement including allegations of fraudulent inducement, negligent misrepresentation, breach of fiduciary duty and unjust enrichment.
• Admiralty case alleging non-payment of shipping charges.
• Family dispute arising from breakup of dental practices and real property owned by two brothers. Declaratory judgment, constructive trust and other actions including claims of fraud, promissory estoppel, breach of fiduciary duty, breach of obligation of good faith and fair dealing seeking injunctive and monetary relief, accounting, restitution and specific performance.
• Dispute among LLC investors concerning the validity of a capital call under the operating agreement, the right of certain investors to call the membership interest of the non-contributing party and the price of the call if legally permitted.
• Claim alleging breach of biological product technology license and distribution agreement. Principal issues were territorial exclusivity and similarity of competing products. Claims included breach of good faith and fair dealing, unfair competition, tortious interference, with contract and tortious interference with prospective economic advantage.
• Employment claim alleging FMLA retaliation, NYCHRL gender discrimination, NYCHRL sexual orientation discrimination and NYCHRL retaliation.
• International claim by a telecommunications carrier alleging consultant’s failure to provide agreed services relating to debt and equity capital raise.
• IT dispute arising out of a software license agreement to medical imaging technology.
• Claim alleging breach of non-solicitation, non-employment agreement by the hiring of a key employee.
• IT claim in which software outsourcing subcontractor sought payment by the prime contractor.
• Suitability and negligence claim by investor in collateralized mortgage-backed securities.
• Claim and counterclaim arising out of non-payment of fees due under advertising services agreement.
• Dispute arising out of asset purchase agreement relating to affinity debit card sponsorship programs. Claims and counterclaims included fraud and unjust enrichment seeking accounting and monetary relief.
• Claim alleging breach of distribution agreement in the wholesale food industry.
• Breach of e-commerce marketing agreement to provide search engine optimization services. Primary issue was valuation of SEO improvements realized by respondent.
• E-commerce claim by owner of proprietary platform for delivery of text message-based advertising for fees unpaid.
• International claim and counterclaim arising out of agreement to provide custom commercial printing, binding and mailing services. Quality of performance was key issue.
• IT case arising out of a software development agreement to design and create custom workflow software for use in the garment designer and manufacturing industry. Compliance of the software with the requirements of the agreement was the key issue.
• Coverage claim by insured against insurance carrier to establish right to defense and indemnity under a D&O policy.
• Family dispute arising out of ownership of NYC apartment buildings in trust and LLC entities. Claims included breach of fiduciary duty, fraud and unjust enrichment. Key issues were scope of fiduciary duty, compliance with obligations under LLC operating agreement and valuation of properties.
• Franchise claim alleging breach of area development agreement.
• Securities claim alleging fraud, misrepresentation, churning, breach of fiduciary duty, negligence.
• Dispute between LLC warring members at odds over control of the company. Claim sought dissolution of the LLC or alternatively specific performance of the buy-out provision of the LLC operating agreement.
• Telecommunications case alleging breach of asset purchase and contribution agreement and transition services agreement relating to transaction of wireless telecommunications company. Claims and counterclaims included breach, fraud and breach of covenant of good faith and fair dealing.
• E-commerce claim by integrated e-marketing company alleging breach of exclusivity, interference with contractual rights and non-payment.
• Claim by purchaser of corporate assets and goodwill against seller alleging misrepresentation, fraud and breach of contract.