Three overriding principles guide my work as an arbitrator. The first is that the arbitration should be conducted efficiently. Ground rules and schedules will be established early and, most importantly, will be adhered to in the absence of significant reasons for change. Parties will be expected to present their evidence and case and will be given all reasonable means to do so. However, delaying tactics will not work. Arbitration has been subjected to criticism for becoming more like litigation: too long and too expensive. The best way to deal with this is handling the case in an expeditious manner. This also holds for my work as an arbitrator; I will issue awards in a timely manner—no longer than three months and usually between one and two months. My second principle is that it is the arbitrator who should handle the arbitration proceeding, issue the relevant orders and write the award and not assistants or tribunal secretaries. The third principal may come as a surprise given my common law legal training and bar membership. And this is that discovery and orders for document production should be used judiciously and in response to particular requirements of the case.
Mr. Lowe has served as either a sole arbitrator, tribunal chair or panel member in more than forty arbitrations since beginning his work as an arbitrator. These have been conducted under the rules of various arbitration institutions. While most have been administered by institutions Mr. Lowe has also served as an arbitrator in ad hoc arbitrations.
Representative arbitrations include:
• Panel Member, Financial Services dispute involving breach of employment and fraud claims of several million dollars.
• Panel Member, ICDR breach of contract dispute; USD 9 million claim.
• Sole Arbitrator, AAA, financial services claims.
• Tribunal Chairperson, ICDR multi-million-dollar maritime arbitration case.
• Panel Member, US-based claim against securities firm; claim in excess of USD 15 million.
• Sole Arbitrator, ICDR arbitration re franchise disputes in Latin America.
• Tribunal Chairperson, ICDR arbitration regarding insurance coverage and maritime law.
• Panel Member, AAA shareholder dispute arbitration.
• Panel Member, US-based securities arbitration involving claims in excess of USD 30 million.
• Sole Arbitrator, Ad hoc arbitration under Paris Arbitration Rules involving a commercial dispute between French and US companies.
As a General Counsel prior to serving as arbitrator, Mr. Lowe managed numerous arbitrations on behalf of those companies where he worked. Examples include several ICC (International Chamber of Commerce) arbitrations involving distribution and agency agreement disputes to a successful conclusion, an arbitration regarding a ship conversion contract dispute under the Danish Institute of Arbitration rules and an ICC arbitration related to a submarine cable contract.
In addition to his work, Mr. Lowe is active as a volunteer arbitrator with the Vis Moot Court in Vienna (2015-) and various pre-Vis Moot Courts around the world as well as the Frankfort Investment moot competition (2019-).
He has taught arbitration and alternative dispute resolution at La Sapienza-University’ di Roma and at Roma 3 and is an approved faculty member for the Chartered Institute of Arbitrators.