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Arbitration · AAA, JAMS & NAM · New York

Founder, Partner & Shareholder Arbitration Lawyers

The people who built the company together now disagree about who owns what. The operating or shareholder agreement sends the dispute to arbitration.

We represent founders, partners, minority holders and investors on both sides of these claims. Counsel in more than 130 arbitrations before AAA, JAMS and NAM since 2019.

Equity and vesting  ·  Buyouts and valuation  ·  Fiduciary duty  ·  Operating and shareholder agreements
Why It Matters

Ownership disputes are decided on the documents and the numbers.

Founder and partner disputes feel personal. Arbitrators decide them on the agreement, the cap table, the board minutes and the financial records.

The agreement sets the forum, the valuation method and often the remedy. The records show who did what and when.

The party that organizes that evidence first, and brings the right valuation expert, usually controls the case. Emergency relief in court can protect the company while the arbitration proceeds.

The Landscape

These are large, document-heavy business cases.

Published AAA figures for complex business-to-business cases in 2025.

$3M
Median claim in large, complex AAA arbitrations filed in 2025; the average was almost $9.9 million
52%
Business cases closed in 2025 that settled before award
18.7 mo.
Median time to award for claims over $1 million closed in 2025, against 34.1 months to trial in U.S. District Court
3
Arbitrators who may sit on a complex case panel under AAA procedures

Half of business cases settle before award. The valuation evidence and the record of conduct set the terms. Sources: AAA, Commercial Arbitration; AAA, Resolving B2B Disputes with Arbitration.

What We Do

Equity, control and money.

Equity

Equity splits and vesting

Disputes over founder shares, vesting schedules, acceleration, forfeiture and promised but undocumented equity.

Buyouts

Buyouts and valuation

Fair-value and formula buyouts under operating and shareholder agreements. Forensic accountants and valuation experts retained for the hearing.

Duties

Breach of fiduciary duty

Self-dealing, diversion of opportunities, excessive compensation and freeze-outs of minority holders.

Governance

Operating and shareholder agreement disputes

Voting, information rights, capital calls, distributions, transfer restrictions and removal provisions.

Investors

Startup investor disputes

SAFE, convertible note and preferred stock disputes between founders and investors, including misrepresentation claims.

Relief

Emergency and interim relief

Orders to preserve assets, books and control while the arbitration proceeds, under provider rules or in court in aid of arbitration.

How We Work

How a founder or shareholder arbitration runs.

The agreement sets the rules. The records and the experts decide the case.

01

Agreement and cap table review

Operating or shareholder agreement, equity grants, board consents and investor documents. We confirm the forum, the valuation standard and the remedies.

02

Protective steps

Where assets, control or records are at risk, emergency relief under provider rules or a court order in aid of arbitration.

03

Demand or answer

Filed under the named rules. Counterclaims asserted where the record supports them.

04

Records and experts

Financial statements, bank records, communications and minutes. Valuation and forensic accounting experts prepared for hearing.

05

Hearing, award and enforcement

A private hearing before one or three arbitrators. The award is confirmed in court and enforced against the company or the individuals.

The Team Behind the Case

Counsel and experts, matched to the dispute.

The legal team

Counsel in more than 130 arbitrations.

Before AAA, JAMS and NAM since 2019, for claimants and for respondents. We know each provider’s list procedures, fee schedules and deadlines, and the courts that compel, confirm and vacate.

The expert network

Experts retained to fit the case.

Forensic accountants, damages analysts, cybersecurity and authentication specialists, payments professionals, construction engineers and compensation experts, prepared for hearing.

If You Were Just Removed or Frozen Out

Protect your position before the next board vote.

Access to records and accounts can disappear quickly. Deadlines in the agreement run from the notice.

Do
  • Save your copies of the operating agreement, grants, cap table and board materials
  • Request the books and records in writing, as the agreement or statute allows
  • Preserve your communications with co-founders and investors
  • Note the dates of the removal, the notice and any buyout offer
  • Call counsel before responding to a buyout offer or signing a release
Do not
  • Accept a nominal buyout to end the stress
  • Take company data, code or customer lists you are not entitled to keep
  • Make public statements about the company or your partners
  • Transfer or encumber your interest without reading the transfer restrictions
  • Miss the arbitration or notice deadlines in the agreement
Insights

From the firm’s writing.

Business

NYC Business Arbitration Attorney: File or Defend a Claim

Forum differences, arbitrator lists and discovery limits in commercial cases.

Read the article
Relief

Temporary Restraining Order (TRO) Attorney in New York

When emergency court relief is available, and what it takes to obtain it.

Read the article
Startups

AI Startup Attorney: Legal Guide for Founders & Seed Funding

Formation, equity and investor terms that prevent later disputes.

Read the article
FAQ

Frequently asked.

Often, yes. New York law allows a court to grant an attachment or preliminary injunction in connection with an arbitration when the award might otherwise be rendered ineffectual. Provider rules also allow emergency arbitrators. We choose the faster route for the facts.

The agreement usually sets the standard, such as fair value or a formula. Where it is silent, the governing law supplies one. Valuation experts present the analysis; arbitrators decide between competing reports.

Yes. Minority holders can bring direct claims for breach of the agreement and, in many cases, derivative claims for breach of fiduciary duty on behalf of the company.

Those claims are harder but not impossible. Emails, messages, pitch decks and cap tables shared with investors can establish the promise. The forum depends on the agreements that do exist.

For AAA business cases over $1 million closed in 2025, the median time to award was 18.7 months. Half settled earlier. Complex valuation disputes take longer than simple contract claims.

Yes. We represent companies, boards and majority holders responding to founder and minority claims, as well as the claimants. Each side benefits from knowing how the other prepares.

Arbitration Practice

Other areas of the practice.

Every category we arbitrate, from consumer claims to complex commercial disputes. Back to the overview.

Ownership in dispute? Start with the agreement and the numbers.

Call for a confidential consultation. We will tell you what the agreement provides, what your interest is worth and how to protect it now.

Dilendorf Law Firm PLLC · 115 Broadway, 5th Floor, New York, NY 10006 · info@dilendorf.com
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