Robert E. Bartkus

Bob Bartkus, of counsel, has more than 40 years of experience in multiparty business and international arbitration and litigation. In 2020, the Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution selected Bob for the Richard K. Jeydel Award, in recognition of his civility, professionalism, ethics, and excellence in and service to ADR.

In his business litigation practice, Bob has represented major U.S. financial institutions, foreign governments and trading companies, and Fortune 100 consumer goods, industrial, insurance/reinsurance, insurance brokerage, medical/dental device, pharmaceutical and chemical companies as well as partnerships and closely held businesses.

Bob’s leading roles in billion-dollar, front-page litigation have included trial counsel in the Southern District of New York Iranian Assets Litigation, up through the U.S. Supreme Court. Bob took part in one of only two known nullifications of a long-term supply contract on the basis of “frustration of purpose.”

In his alternative dispute resolution practice, Bob has served as sole arbitrator and panel member/chair in a wide range of American Arbitration Association (AAA), International Centre for Dispute Resolution and JAMS matters, most recently including computer/IT, closely held businesses and insurance/reinsurance disputes.

He also has been a sole arbitrator in construction, consumer and securities matters, including at the NASD. Bob has also chaired cases on AAA complex and appeals panels. He serves as a U.S. District Court arbitrator and mediator, including in Superstorm Sandy cases.

Bob also has been a frequent author and lecturer on federal practice and arbitration issues.

Since 2017, Bob and Hon. William A. Dreier, P.J.A.D. (Ret.), have co-authored the New Jersey Arbitration Handbook published by ALM. The 2021 edition of the handbook includes new published and unpublished cases from New Jersey state and federal courts in the past year, commentary on significant out-of-state cases, and landmark U.S. Supreme Court cases through to 2020. Bob is also the originator, co-editor and co-author of New Jersey Federal Civil Procedure (1989-present) and is a co-author of Interim Measures in the United States in Aid of Arbitration, to be published by Juris in late 2021.

In recognition of his professional achievements, Bob has been listed from 2005-2010 and since 2012 on the New Jersey Super Lawyers List, and has an AV Preeminent™ rating of 5 out of 5 as determined by peers who have ranked him at the highest level of professional excellence. In addition, he has been listed in Who’s Who in America and Who’s Who in American Law since 1990 and is a member of the National Academy of Distinguished Neutrals. He is also a member of the New Jersey Law Journal editorial board.

In 2016, Bob was elected a fellow of the College of Commercial Arbitrators, which promotes high standards of conduct, develops best practices, and provides peer training and professional development in the field of complex arbitration.

Education

• Stanford Law School, J.D., 1976
  • Articles co-editor, Stanford Law Review, 1975-76
  • 1976 Irving Hellman, Jr. Special Award
  • Post-graduation teaching assistant, 1976
• Swarthmore College, B.A., Economics/Math, with honors, 1968; Open Scholar
• U.S. Navy, 1968-1973

Bar Admissions

• New Jersey, 1977
• New York, 1977
• California, 1976 (inactive)

Court Admissions

• U.S. District Court, Northern District of California, 2004
• U.S. District Court, Central District of California, 2003
• U.S. Court of Appeals, Third Circuit, 1987
• U.S. Court of Appeals, Second Circuit, 1981
• U.S. Supreme Court, 1981
• U.S. District Court, Eastern District of New York, 1978
• U.S. District Court, Southern District of New York, 1978
• U.S. District Court, District of New Jersey, 1977

Honors and Awards

• New Jersey Super Lawyers© List, 2005-2010 and 2012-present
• Richard K. Jeydel Award, American Inns of Court in ADR, 2020
• Historical Society of the U.S. District Court for the District of New Jersey, special recognition, 2009
• Alfred E. Clapp Award, 1995, from the New Jersey Law Journal Editorial Board

Professional Memberships

• New Jersey State Bar Association
• New York State Bar Association
• Association of the Federal Bar of the State of New Jersey
• American Bar Association

Professional Activities

• New Jersey Law Journal, Editorial Board member
• National Academy of Distinguished Neutrals, member
• College of Commercial Arbitration, fellow
• U.S. District Court, Historical Society, vice president and trustee
• NJ State Bar Association, Federal Practice Committee (now Section), past chair
• NJ State Bar Association, International Law Section, past vice chair
• NJ State Bar Association, Dispute Resolution Section, trustee
• NY State Bar Association, Commercial and Federal Practice Section
• NY State Bar Association, Alternative Dispute Resolution Section
• American Bar Association, Litigation section
• American Bar Association, Intellectual Property section (former member)
• American Bar Association, Dispute Resolution section

Published Works

• “NJ Supreme Court Clarifies Arbitration Right Under Direct Action Statute,” ABA, Section of Litigation, August 2022
• “Third Circuit Alters Sequencing of Questions Raised in Section 1 of Federal Arbitration Act,” ABA, Section of Litigation, December 2021
• “Improving Attorneys’ Fees and Interest Awards,” ABA Just Resolution Newsletter, May 2021
• “Computer Signatures and Arbitration Agreements May Not Mix,” ABA, Section of Litigation, January 27, 2021
• Co-author and co-editor, “New Jersey Federal Civil Procedure, 2022 Edition,” ALM, 2022
• Co-author and co-editor, “New Jersey Arbitration Handbook, 2022 Edition,” ALM, 2022
• “NJ Supreme Court Returns to Basics—FAA Section 5 and NJRUAA Section 11,” ABA, Section of Litigation, November 2020
• “New Jersey Supreme Court Reaffirms Electronic Notice and Acceptance by Performance,” ABA, Section of Litigation, October 2020
• “Federal Court Jurisdiction over FAA Confirmation Motions,” ABA, Section of Litigation, October 2020
• “A Multiplicity of Procedures for Enforcing or Challenging an Award,” ABA Just Resolution Newsletter, April 2020
• “So, There is an Award; Now What?” New Jersey Lawyer, April 2020
• “A Sleeper from the Third Circuit?” ABA, Section of Litigation, February 5, 2020
• “New Jersey Supreme Court Rights Course of Arbitrability,” ABA, Section of Litigation, August 7, 2019
• “Reference to Nonexistent Arbitration Forum Nullifies Arbitration Agreement,” ABA, Section of Litigation, March 8, 2018