Leveraging nearly forty years as a commercial generalist and litigator, more than thirty years as an arbitrator and fifteen years as a state trial referee, Mr. Certilman brings extensive experience to his service as a neutral. Through the American Arbitration Association as well as other administering organizations and on an ad hoc basis, he has served in more than 300 cases as chair, panel member and sole arbitrator in a wide range of disputes arising under the rules of various domestic and international arbitral bodies and the laws of various nations including investor disputes, business divorces and valuations, business transaction-related disputes such as earn-out provision and investment banking fee disputes, commercial contract disputes, IT, business process outsourcing and technology disputes, insurance coverage including D&O and E&O, real estate partnership and valuation, trademark and copyright licensing, telecommunications, biotech and medical device, publishing, manufacturing, marketing and distribution disputes, franchises, employment, construction, securities, trusts and estates and torts.
Mr. Certilman is a former Adjunct Professor of Law at Fordham University School of Law teaching International Arbitration (2011-2017). He is a Chartered Arbitrator and Fellow of The Chartered Institute of Arbitrators and a Fellow of the College of Commercial Arbitrators, holding panel appointments with major arbitration panels worldwide including the AAA (ICDR, Large Complex Case, M&A, commercial, employment and technology panels), International Institute for Conflict Prevention and Resolution (CPR), Court of Arbitration for Art (CAfA), Hong Kong International Arbitration Centre (Commercial and Intellectual Property Disputes panels), Asian International Arbitration Centre, Vienna International Arbitration Centre, British Virgin Island International Arbitration Centre and the Russian Arbitration Center. Mr. Certilman is also a repeat attendee of the Negotiation and Leadership program of the Harvard Law School Program on Negotiation.
In his service as an arbitrator, Mr. Certilman remains highly aware of the reasons why parties choose arbitration and devotes care and attention to the traditional arbitration values of speed, cost-efficiency and thoughtfulness. He allows counsel to try their cases, keeping inquiries to a minimum, and is a skilled and decisive process manager who is also sensitive to working with the parties to create a case management process which is appropriate to their needs and the size of the dispute. He understands the importance of lex mercatoria in the commercial world and brings new ideas into the process through frequent continuing education and is highly focused on using the case management process to achieve a balanced, fair and efficient resolution process. Mr. Certilman is committed to ensuring before he accepts a case that his schedule permits him to devote his full attention to the matter.
In addition to being a Chartered Arbitrator, Mr. Certilman has been recognized in the field of ADR by his election to fellowship in the College of Commercial Arbitrators. He served as one of twelve elected trustees of The Chartered Institute of Arbitrators from 2005 to 2011. In 2008, he was honored by being elected to serve as chairman of the Board of Trustees, a position he was re-elected to the following year. He is an elected Fellow of the College of Commercial Arbitrators and a Fellow of the American Bar Foundation. He is also a member of the ADR Section of the New York State Bar Association, the ADR Section of the Connecticut Bar Association, a former two-time chair of the Technology Section of the Connecticut Bar Association and a former chair of the ADR Committee of the Fairfield County Bar Association.
In the mediation field, Mr. Certilman has enjoyed a high success rate in both domestic and cross-border mediations, which he sees as a reflection of the wide cross-section of continuing education programs he attends to bring in new ideas for successful mediation. He is an active member of the panel of mediators of the American Arbitration Association, the International Institute for Conflict Prevention and Resolution (CPR), the United States District Court for the Southern District of New York and other organizations and courts and typically serves in domestic and international mediation cases involving mergers and acquisitions, technology, licensing, IT, business process outsourcing, trademarks, copyrights, commercial real estate transactions and general corporate and commercial law.
Mr. Certilman assists parties with early neutral evaluation, as special counsel on ADR matters and as an expert witness. He is also an advocate and speaker on the topic of dispute review boards in IT and IP agreements. Mr. Certilman is decisive and committed to hand-on process management. He has written on the importance of cybersecurity to ADR practitioners and has taken robust measures to preserve confidentiality and information security. He is a New York Metro, Connecticut and New England Super Lawyer® in ADR.
Mr. Certilman’s c.v. is available here.
For a list of recent ADR Programs attended, please click here
For a Selected List of Programs as Trainer/Presenter/Faculty, please click here
Summary of IT-Related Experience, please click here
Selected Questions and Answers re Approach to Arbitration, please click here