Biography & Experience
Shawn K. Aiken
Arbitrator · Special Master
Shawn K. Aiken is a commercial arbitrator and special master based in Phoenix. Since 1992, he has served as a neutral in complex business disputes, with more than 300 arbitral appointments and more than 160 reasoned awards since 1995. He retired from mediation in 2026 to devote his practice to arbitrations administered by the American Arbitration Association.
Fellow, ACTL
American College of Trial Lawyers, 2015
Fellow, CCA
College of Commercial Arbitrators, 2009
"Lawyer of the Year" — Arbitration
Best Lawyers, Phoenix — 2019 · 2021 · 2026
AAA-ICDR
National roster since 1995
subject-matter experience
Cases across nearly every area of commercial law.
- Lenders, borrowers, and guarantors
- Commercial leaseholders and tenants
- Business partners — closely-held shareholders, co-venturers, LLC members, and family members
- Residential and commercial construction projects
- Family, related, parent/subsidiary, and sister entities — balance-sheet, ability-to-pay, and insolvency tests; veil-piercing, alter ego, and related remedies
- Interference with business relationships and expectancy
- Breach of fiduciary duty
- Unfair competition
- Fraud and misrepresentation
- Breach of and interference with contract
- Misappropriation of corporate opportunity
- RICO
recent focus
Most frequent work over the past three years.
- Complex commercial disputes
- Partnership/shareholder
- Business torts/trade secrets
- Technology/AI-related
- Financial services/damages
- Healthcare/real estate/tribal
Economic Damages
Extensive background in disputes over economic damages.
- Damages models — but-for causation, lost profits, loss or destruction of business, and business-interruption losses
- Business and asset valuation — application of discounts, definitions of value, and income analysis
- Accounting principles and issues, including analyses of financial statements
- Economic methods and statistical analyses — regressions and Monte Carlo methods
- Damages presentations — loss causation, consequential losses, reliance damages, out-of-pocket costs, mitigation, future losses, and punitive damages
background
Professional and personal background.
Shawn manages each case to achieve advantages over litigation, with tailor-made pre-hearing proceedings and final-hearing procedures. From 2017 to 2026, more than 250 lawyers and law firms asked him to mediate their clients’ business disputes; in February 2026 he retired from mediation to concentrate on arbitration.
Earlier in his neutral practice, Shawn mediated more than 1,100 commercial disputes. For more than twenty years he has served on the American Arbitration Association’s Commercial and Large, Complex Case panels. Over the past thirty-five years he has received 300+ arbitral appointments and authored more than 160 reasoned commercial awards across nearly every area of commercial law. He has served on AAA-ICDR national roster since 1995 and on 10 AAA panels.
He has long experience in disputes within closely-held entities — valuation of stock, partnership, and membership interests; derivative actions; breach of the implied covenant and fiduciary duties; theft of trade secrets; and employment disputes involving unfair competition and restrictive covenants. As a litigator, he played a lead role in earlier public-interest and constitutional litigation for the Arizona Same-Sex Marriage Challenge and Flagstaff Minimum-Wage Litigation.
After growing up in rural Minnesota, he attended St. Olaf College — where he met Lynn, his wife of more than forty years — and the Arizona State University College of Law. Shawn and Lynn have two married children and four grandchildren.
fellowships & affiliations
Professional fellowships and affiliations.
Fellow, American College of Trial Lawyers — 2015
Fellow, Academy of Court-Appointed Neutrals — 2018
Fellow, College of Commercial Arbitrators — 2009
Fellow, American College of Civil Trial Mediators — 2017
AAA-ICDR — Large, Complex Case and Commercial panels — 2002
AAA-ICDR — AI Ambassador program, AI-Driven Commerce & Automated Transactions Working Group — 2026
Diplomate Member, National Academy of Distinguished Neutrals — 2010
honors & awards
Selected honors and recognition.
“Lawyer of the Year” (Phoenix), The Best Lawyers in America® — Mediation 2012, 2015; Arbitration 2019, 2021, 2026
The Best Lawyers in America® Metro Tier 1 (Arizona) — Arbitration and Mediation (2011–2025)
Super Lawyers — “Top 50 Arizona,” 2009–2025; Alternative Dispute Resolution and Business Litigation (2007–2025)
Phoenix Magazine “Top Lawyer” (Arbitration and Mediation), 2022, 2023
Million Dollar Advocates Forum
“Arizona Business Leaders” (Law: ADR), AzBusiness Magazine, 2017–2020
Arizona Supreme Court Distinguished Service Award (Pro Bono), 2018
bar & court admissions
Arizona — 1983
U.S. District Court, District of Arizona — 1983
U.S. Court of Appeals, Ninth Circuit — 1983
Supreme Court of the United States — 2010
education
J.D., Arizona State University — 1983
B.A., cum laude, St. Olaf College — 1980
Writing and speaking.
Brief of Amici Curiae — Changing Hands Bookstore, Inc. et al. (August 2020)
Brief of Amici Curiae — Mayors of Phoenix, Flagstaff, and Tucson, Arizonans for Second Chances v. Hobbs (April 2020)
“Unfair Competition in Arizona,” 2004
“Arbitration Agreements” (panelist), Arizona Judicial Conference — June 2022
Facilitator, ABA Arbitration Training Institute — March 2020
“ADR Talks: Creative Procedures in Arbitration,” State Bar of Arizona — June 2019
“Buy-Sell Agreements: ‘Prenups’ for Business Owners” (panelist), State Bar of Arizona — October 2018
AAA Roster Résumé · Neutral ID 141450
The official American Arbitration Association roster résumé, supplied by the arbitrator.
Professional Summary
Fellow of the American College of Trial Lawyers (2015), the College of Commercial Arbitrators (2009), and the American College of Civil Trial Mediators. Over thirty years’ experience as a trial lawyer and neutral in commercial litigation and arbitration, especially business-tort and contract cases. Listed in The Best Lawyers in America® (commercial litigation, mediation, and arbitration, 2007–2026), Super Lawyers (2007–2026), and Super Lawyers’ “Top 50 Arizona Lawyers” (2009–2026). Served as mediator in over 1,100 cases, received 300+ arbitral appointments and arbitrated more that 160 commercial arbitration awards. Named Lawyer of the Year (Phoenix) for 2012 and 2015 (Mediation) and 2019, 2021, and 2026 (Arbitration).
Primary Areas of Expertise
- Commercial torts
- Construction
- Cannabis
- Partnership and joint venture
- Consumer
work history
Neutral, Shawn Aiken PLLC — 2016–present
Attorney, Aiken Law Firm PLLC — 2022–2025
Designated Principal, Aiken Farrell Kroloff LLC — 2023–2025
Shareholder, Aiken Schenk Hawkins & Ricciardi P.C. — 1990–2015
Associate, Beus Gilbert Wake & Morrill — 1984–1990
Associate, O’Connor Cavanagh et al. — 1983–1984
Alternative Dispute Resolution Experience
Since 1995, mediated over 1,100 commercial matters, received over 300 administered and ad hoc arbitral appointments, and authored more than 200 awards under ICDR® Rules and AAA® Commercial Arbitration Rules — including the Large, Complex Commercial Disputes Procedures, Construction Rules, and Employment Arbitration Rules. Often serves on three-member panels (frequently as chair) in cases ranging from $20 million to over $100 million.
- Division of revenues and management disputes between a tribal nation and a developer arising out of construction of the Grand Canyon Skywalk ($25M+).
- International co-venturers in the premium steel manufacturing and sales industry ($150M).
- A “best efforts” provision and commissions on the worldwide sale of armored vehicles.
- Trade-secret and contract claims arising out of a cryptocurrency exchange and licensing agreement.
- A dispute between Fortune 50 defense companies over liability for repairs and capital improvements to leased commercial property.
- A multi-arbitrator mass-claims panel resolving thousands of employees’ claims totaling over $30 million against the State of Arizona.
- A dispute between the largest local hospital group and a national insurer over Medicare Advantage reimbursement.
- International parties from Sweden, India, Taiwan, Australia, France, Mexico, Canada, and Belgium.
For the complete list of matters, see the résumé PDF.
Technology Proficiency
Available in person or via Zoom for arbitration hearings; since 2020, regularly conducts hearings via Zoom. Prefers digital exhibits for the final hearing (e.g., AAA WebFile) and uses Clearbrief post-hearing. Regularly resolves ESI management issues — search, production, and cost-allocation — and is familiar with The Sedona Conference, especially Working Group 1. Completed Clearbrief Academy in June 2025.
Maintains a published Statement on the Use of Artificial Intelligence. AI-assisted tools are used for document organization, record review, legal research, quality control, and drafting; no AI output is adopted without independent review, and citations and record references are independently verified before any order or award issues. All findings, conclusions, and decisions rest on the Arbitrator’s independent judgment.
Education
J.D., Arizona State University — 1983
B.A., cum laude, St. Olaf College — 1980
Professional Licenses
Arizona — 1983
U.S. District Court, District of Arizona — 1983
U.S. Court of Appeals, Ninth Circuit — 1983
Supreme Court of the United States — 2010
Professional Associations
Fellow, American College of Trial Lawyers — 2015
Fellow, College of Commercial Arbitrators — 2009
Fellow, American College of Civil Trial Mediators — 2017
Fellow, Academy of Court-Appointed Neutrals — 2018
The information in this résumé was supplied solely by the arbitrator and may or may not be a complete recitation of experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information. Arbitrators on the AAA Roster are not employees or agents of the AAA.