Jonathan Fitch

Arbitrator of complex international and domestic disputes involving life sciences, technologies and commercial agreements.

Experience

Extensive experience in international and domestic arbitration as emergency arbitrator, sole arbitrator, panelist and panel chair in large and complex matters involving exclusive technology supply and service agreements, telemetric technologies, life sciences, medical device technologies, pharmaceutical manufacture and supply agreements, patent license agreements, FRAND, patent exhaustion, proprietary information, invention assignment, intellectual property, FIFRA, franchise agreements, area development agreements, software, firmware and hardware agreements, support and maintenance service agreements, 2G and 3G mobile communications technologies, sensor technologies, solar energy installation and financing, aqueous ozone generation technology, electronic payment processing systems, global motion picture distribution, motion picture revenue participation agreements for the PRC, employment agreements, at-will employment, non-solicit and non-competition agreements, manufacturing rights, close corporation disputes, liquidation of hedge funds, valuation of shareholder interests and terms of shareholder buyouts, fiduciary duty, freeze-out, waste, derivative claims, securities purchase agreements, professional liability, insurance coverage, brokerage of life and other personal lines of insurance policies, commissions for brokerage/productions of insurance policies, Fair Credit Reporting Act, multiparty and cross-border disputes.

Work History

Commercial litigator, arbitrator and Managing Partner, Fitch Law Partners LLP, a 25-lawyer Boston litigation boutique recognized as a U.S. News & World Report Best Law Firm in America, 1984 – Present; Associate, Bingham Dana & Gould (later merged with Morgan Lewis), 1982 – 1984.

Cases

• Chair in AAA case involving installation and financing of solar energy systems.
• Arbitrator in ICDR case involving an agreement to provide development services and to manufacture and supply a sterile, pyrogenic-free liquid pharmaceutical in a 2cc vial.
• Arbitrator in ICDR case arising out of a patent license agreement involving 2G and 3G mobile communications technology.
• Arbitrator in AAA case regarding consultant agreement and patents for cranio-maxillofacial fixation system.
• Arbitrator in ICDR case involving non-competition and misappropriation of confidential information pertaining to patented aqueous ozone generation technology.
• Arbitrator in ICDR case arising out of engineering development, license and partnership agreement for mobile wallet and other payment applications.
• Arbitrator in AAA case involving software, firmware and hardware agreements for an electronic payment processing system for an airport’s parking operations.
• Arbitrator in ICDR arbitration regarding international sales and distribution agreements for audio technology.
• Emergency arbitrator in ICDR arbitration involving sensor technology use in sports.
• Emergency arbitrator in ICDR arbitration of liquidation of hedge fund.
• Emergency arbitrator in ICDR arbitration involving closing of $12 billion merger and acquisition.
• Chair in AAA case concerning ownership rights in technology funds.
• Chair in AAA case regarding disputed insurance coverage for asbestos remediation costs.
• Arbitrator in international case concerning gaming franchise.
• Arbitrator in AAA case concerning stock purchase agreement.
• Arbitrator in ICDR case arising out of securities purchase agreement.
• Arbitrator in AAA case involving service agreement among alliance of insurance companies.
• Chair in an ad hoc arbitration regarding the valuation and delineation of assets of one of the largest privately held manufacturers of bakery products.
• Arbitrator in numerous ICDR and AAA arbitrations involving franchise agreements.
• Arbitrator in AAA consumer arbitration involving functioning of voice-enabled technology.

Training

Speaker, “Pharma and Life Sciences Disputes,” Fifth Annual Schiefelbein Global Dispute Resolution Conference, Sandra Day O’Connor College of Law, Arizona State University, 2023; ABA International Law Section Conference, 2023; Certificate in Mediation, Harvard Law School Executive Education, 2022: Annual ICC Miami Conference, 2022; Moderator, “The Arbitration of Cybersecurity Breach Disputes: Focus on Lawyers,” Silicon Valley Arbitration and Mediation Center Webinar, 2021; Speaker, “Positioning Complex Intellectual Property Disputes for Successful ADR Resolution,” Boston Bar Association Webinar, 2021; Moderator, “Data, Privacy, and Cyber Security Issues in International Arbitration,” Silicon Valley Arbitration and Mediation Center and Orrick LLP Webinar, 2020; Moderator, “Ensuring Efficiency in Complex Technology Arbitrations,” Silicon Valley Arbitration and Mediation Center, AAA and Foley Hoag LLP Webinar, 2020: Faculty, “Arbitrating Domestic & International Life Science Disputes,” AAA-ICDR, Philadelphia and Boston programs, 2019; ICC Annual New York Conference, 2019; Delegate, International Bar Association Annual Conference, Rome 2018; ICC Annual New York Conference, 2018; ICC West Coast Conference, San Francisco, 2018; Moderator, “Insider Views on International Disputes,” Boston Bar Association, 2018; Faculty, “International Issues in Litigation and Arbitration,” Massachusetts Bar Association, Joint Business Litigation and DR Sections Program, 2017; Moderator, “The Golden Age of International Arbitration,” Boston Bar Association CLE Program, 2017; Moderator, “ESI Discovery in Arbitration,” Annual Dispute Resolution Symposium of Massachusetts Bar Association, 2017; Moderator, “Spotlight on Evidence in Commercial Arbitration,” Massachusetts Bar Association, 2017: PLI, International Arbitration Conference, NYC, 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; ICC Institute Advanced Level Training: Drafting Enforceable Awards, 2017; ICDR Looking Ahead: Effectively Arbitrating Complex Disputes in the Global Energy Sector, 2017; ABA International Law Section, Spring Meeting 2017; ICDR/The Florida Bar International Law Section, “The Global Forum on International Law,” 2017; Faculty, “Best Practices in International Arbitration and Recent Developments,” ICDR Y&I Program, Harvard Law School, 2016; Faculty, New England ADR & the Law (MCLE 2016); Moderator, “Best Practices in Arbitration: The Role of the Arbitrator,” Dispute Resolution Committee, Massachusetts Bar Association, 2016; ICDR Miami International Arbitration Conference: The Past, the Present and the Future, 2016; CIArb, Accelerated Route to Fellowship, 2016; Delegate, International Bar Association Annual Conference, Vienna, 2015; PLI International Arbitration Conference, NYC, 2015; The ICDR Miami International Arbitration Conference, 2015; Moderator, “International Arbitration: Hot Topics and Smart Contract Terms,” New England Legal Foundation, 2015; AAA-ICDR/ICC/ICSID The 31st Annual Joint Colloquium, NYC, 2014; Juris Conference, “Damages in International Arbitration: Perspectives on Evidence and Proof,” NYC, 2014; ABA Section of Dispute Resolution, 8th Annual Arbitrator Training Institute, Washington, DC, 2014; Guest Lecturer, Harvard Law School, “The Role of Counsel in Mediation,” HLS Mediation Course, 2013.

License(s)

Admitted to the Bar: Massachusetts (1982), Rhode Island (1995); U.S. District Court: District of Massachusetts, District of Rhode Island; U.S. Court of Appeals: First Circuit; U.S. Supreme Court.

Education

Boston College Law School (J.D.), Yale University, School of Management (M.P.P.M.), Williams College (B.A., cum laude).

Publications

Author, \"Arbitration: Spotlight on the Preliminary Conference,\" MBA Lawyers Journal, 2017; Author, ’Basic Planning for International Arbitration and Emerging Practices’ (MCLE, 2016); ’Finally a Treaty for the Enforcement of US Court Judgments Abroad,’ Lawyers Journal of the Massachusetts Bar Association, December 2012; ’Foreign Judgments Recognition Law Due for Update,’ Massachusetts Lawyers Weekly, 41 MLW 159, 2012; ’The Enforcement of Foreign Money Judgments in Massachusetts,’ 81 Massachusetts Law Review 65, 1996.

Awards

Best Lawyers in America 2023 ’Lawyer of the Year’ for Arbitration in Boston; Best Lawyers in America 2023 ’Lawyer of the Year’ for Litigation- Trusts and Estates in Boston; Best Lawyers in America 2021 ’Lawyer of the Year’ in Litigation- Trusts and Estates in Boston; ’Lawyer of the Year 2009’ - Massachusetts Lawyers Weekly Newspaper; ’Top 100 Massachusetts Super Lawyers’ - 2011 and 2012; regularly listed in The Best Lawyers in America (Arbitration, Commercial Litigation and Litigation - Trusts and Estates); regularly listed as one of ’Boston’s Top Rated Lawyers,’ as published in The Boston Globe; AV Preeminent Peer Rating - Martindale-Hubbell Law Directory, 1984 - Present; Bar Register of Preeminent Lawyers (Commercial Litigation), 1984 -Present; AVVO Rating - ’Superb Attorney’; listed as ’Massachusetts Super Lawyer,’ 2004 - present. Fitch Law Partners LLP is listed as a U.S. News & World Report Best Law Firm in America.

Panels

Member of ICDR Panel and AAA Commercial Panel, Large and Complex Cases. AAA-ICDR Life Science Panel and Technology Panel. Tech List, the List of the World’s Leading Technology Arbitrators and Mediators, Silicon Valley Arbitration and Mediation Center. CPR Panel of Distinguished Neutrals. Listed on ICC panel of arbitrators. Appointee, Roster of International Arbitrators.

Associations

Director, Silicon Valley Arbitration & Mediation Center, Inc.; Director, College of Commercial Arbitrators; Fellow, College of Commercial Arbitrators; Fellow, The Chartered Institute of Arbitrators; Steering Committee, Boston Chapter of The Chartered Institute of Arbitrators NAB; Former Co-Chair, Disputes Committee, International Law Section, Boston Bar Association; Former Founding Director, Boston International Arbitration Council, Inc.; American Bar Association (International Law, Litigation and Dispute Resolution Sections); International Bar Association (Reporter for US on the Rules/Guidelines Subcommittee of the Arbitration Committee, 2015-16); Massachusetts Bar Association (Arbitration Liaison, DR Committee, appointed 2015-2017); Fellow, American Bar Foundation;