Philip E. Cutler

Cutler, Nylander & Hayton
Seattle, WA


Lawyer, Mediator and Arbitrator.  President and Managing Principal, Cutler Nylander & Hayton.


Over 40 years experience in complex commercial and business litigation and ADR.  Law practice has emphasized business and commercial dispute resolution (trials, appeals, mediation and arbitration) in areas of agriculture and agricultural cooperatives; antitrust, trade regulation and unfair competition; franchising and product distribution; internal and external business and corporate/partnership/LLC disputes; e-commerce and domain name disputes; employment discrimination and termination; government relations; intellectual property (copyright and trademark infringement and licensing, misappropriation of trade secrets); UCC negotiable instruments, sales and warranty disputes; financial institutions (mortgage brokers and lenders); and securities disputes (customer/broker and broker-dealer/broker-dealer).


Mediated over 180 cases for public and private parties, including corporations and similar business organizations and individuals including 2-party and multi-party disputes, with amounts in controversy ranging from 5-8 figures in a wide variety of cases including the types of cases described above.  Member of the AAA’s Mediation Panel and Western District of Washington Local Rule 39.1 panel of neutrals.


Served as sole arbitrator or chair or member of a 3-arbitrator panel in over 200 cases involving amounts in controversy ranging from 5-figures to over $140 million and hearing lengths from 2 days to over 8 weeks.  Representative cases have included ones involving: breach of contract/fiduciary duty; contract interpretation; internal and external disputes involving joint ventures and other business entities; agricultural cooperatives; employment termination; Indian tribes and tribal organizations; securities; domestic and international franchises; and athletes’ challenges of U.S. Olympic Committee rulings.  Fellow, College of Commercial Arbitrators; member of AAA’s National and Large Complex Case panels.


Written and presented on mediation and arbitration practice and procedure for the AAA, state and local bar associations and their publications, the College of Commercial Arbitrators, and the University of Washington and Seattle University Law Schools.  Co-author of the chapter on “Intra-Tribunal Relations” in GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION (College of Commercial Arbitrators, 3rd Edition, 2013) and member of the AAA drafting committee for ACE8, “Principled Deliberations: Decision-Making Skills for Arbitrators.”


Education:  Georgetown University (AB, History – 1970); Northwestern University (JD with honors – 1973).