hero-find-an-arbitrator

Phone: (617) 513-6666

11 Blackburnian Rd.

Lincoln, MA 1773

Philip O'Neill Jr.

Profession:

Arbitrator & Adjunct Law Professor

Current Employer:

Indepenedent Arbitrator

Areas of Expertise:

✔ Aviation ✔ Banking & finance
✔ Biotech ✔ Commercial/Business
✔ Contract Disputes ✔ Defamation (Libel & Slander)
✔ Energy including oil and gas ✔ Entertainment
✔ Industrial ✔ Intellectual Property
✔ International ✔ Joint Ventures
✔ Licensing ✔ Media & Communications
✔ Mergers & Acquisitions ✔ Partnerships
✔ Pharmaceuticals ✔ Real Estate
✔ Shareholder Disputes ✔ Software
✔ Technology ✔ Telecommunications
✔ Torts ✔ Trade Secrets and Confidentiality Disputes
✔ Transportation

Experience:

Dispute Resolution Experience as Arbitrator -- see www.pdoneill.com Served as a neutral arbitrator in an array of over 140 large and complex cases, split between domestic and international. Presided over dozens of trials in recent years, with billions of dollars in total either claimed or at issue through declaratory judgment actions.

Notable Arbitrator Experience/representative cases as sole arbitrator, wing or chair, includes presiding over disputes involving:

(1) Communications - $750 million patent licensing dispute between Asian and American telecom companies; $20 million voice recognition modem chip contract with foreign supplier; eight figure prepaid calling card disputes with Middle Eastern parties; 7 & 8 figure telecom contract rate/service disputes; web-based video library services dispute. (2) Distribution/Supply - Eight figure long term Asian requirements industrial gas supply; eight figure freight transport/ supply dispute with European manufacturer; South Asian foreign military aviation supply contract; Chinese explosives supply contract; Russian security scanning devices and satellite parts, as well as printing, consumer products, food and beverage, (foreign and domestic) supply contracts, including outsourcing. (3) Energy - Eastern European privatization joint venture declaratory judgment and multimillion dollar damages claim; South East Asian power generation contract; electricity contracts; $20 million oil storage claim (South American sovereign ultimate owner); India solar energy (4) Private Equity/Investment/Acquisitions - $150 million shipping asset post-closing adjustment between American and European parties; high eight figure trademark restrictive covenant dispute; $50 million private fundraising dispute with Asian Government; $20 million Latin American transportation post-closing adjustment claim; food industry post-closing adjustment claims; brokerage sale non-competition dispute; cross-border fashion/garment industry disputes between partners as well as with venture capitalists; multimillion dollar environmental indemnity claims; multimillion dollar hedge fund claims; office buildings investment partnerships; and stock valuation of foreign company. (5)/Life Sciences/Pharmaceuticals - Ownership and licensing of intellectual property, including: multi-billion dollar European pharmaceutical patent license; one billion dollar patent licensing and genetic technology trade secret dispute between Asian pharmaceutical and American biotech company; and $20 million healthcare patent license dispute (6) Technology (including aviation/aerospace) -one billion dollar consumer electronics patent license dispute; $200 million Russian defense technology patent license claim; $100 million European bottling technology patent license dispute;; patent license and trade mark and secret claims involving powered tools, collection software, printing equipment, recording, private education and other information technology and software related claims, including security/scanning and satellite technology. (7) Global brands-- Nine-ten figure trademark licensing and infringement disputes involving apparel and consumer products (8) Sovereigns — Nine figure real estate dispute between US Federal agency and international bank; Eight figure dispute between Sovereign state entity and foreign broadband operator; eight figure dispute between Asian sovereign and investment banker. Arbitrator experience also includes dozens of six/seven figure contractual claims, including allegations of fraud, misappropriation and other standard types of business tort claims, in diverse industries ranging from franchise (eg. food; private education) to law firm dissolution; entertainment (e.g., sports and movies); medical billing, financial services and accounting; investment, including partnership (e.g., real estate) and shareholder disputes; restrictive covenants; product development, marketing, transportation, shipping, and logistics; manufacturing, distribution and supply of foreign and domestic products, including apparel/fashion/accessories, food, weapons/explosives, software and chips; and consulting/services contracts. See www.pdoneill.com

Work History:

See www.pdoneill.com Edward Wildman Palmer;LLP (now Locke Lord Edwards); Partner 1987-2014 Adjunct Professor, Int’l. Arbitration at Boston College Law (1989-present) (and National Security Law 1988) Adjunct Professor, International Arbitration (ELLM Program 2011 to date); Nat’l. Security Law at Boston University Law, (2001-2009) ; and American Foreign Policy and International Banking (LLM Program 1991). Professor, Int’l. Business Transactions at Fletcher School of Law and Diplomacy (2007) Nomura Lecturer in Law, Int’l. Arbitration at Harvard Law School (2005) Hale & Dorr (now Wilmer Hale) LLP – Partner/Associate 1977-87

Cases:

See representative cases @ www.pdoneill.com

Training:

Bar Admissions Admitted to the Bar: Massachusetts, 1977; New York, 1985; Rhode Island, 1989; U.S. District Court, District of Massachusetts, 1978; U.S. Court of Appeals, First Circuit, 1980; U.S. Supreme Court, 1985.

License:

Massachusetts New York Rhode Island

Awards:

Listed in "America's Best Lawyers" in International Arbitration and the Guide to the World's Leading Experts in Commercial Arbitration. Fellow and Chartered Arbitrator in Chartered Institute of Arbitrators (U.K.).

Panels:

See www.pdoneill.com American Arbitration Association (AAA)(New York) Commercial Case Panel International Panel (ICDR) Large Complex Case Panel Joint Venture Panel Mergers & Acquisitions Panel British Columbia International Arbitration Center (BCIAC) (Vancouver Canada) International Institute for Conflict Prevention & Resolution (CPR)(New York) National Panel Technology Cross Border Banking, Accounting & Financial Services Energy, Oil & Gas Entertainment Trademark International Chamber of Commerce (ICC)(U.S. Council for International Business)(New York) Europe International Chamber of Commerce Court of Arbitration (ICC)(Paris, France) London Court of International Arbitration (LCIA)(London, England) Defense/Military Intellectual Property Joint Ventures/Shareholders Pharmaceuticals Satellite & Telecom World Intellectual Property Organization (WIPO) (Geneva, Switzerland) Asia Chinese International Economic and Trade Arbitration Commission (CIETEC) (Beijing, China) Hong Kong International Arbitration Center (HKIAC)(Hong Kong China) Commercial Intellectual Property Korean Commercial Arbitration Board (KCAB)(Seoul, South Korea) Kuala Lumpur Regional Arbitration Center (KLRAC) (Kuala Lumpur Malaysia) Pacific International Arbitration Center (PIAC) (Viet Nam) Shezen Court of International Arbitration (SCIA)(Shenzen, China) Shanghai International Arbitration Commission (SHIAC)(Shanghai, China) Singapore International Arbitration Centre (SIAC)(Singapore)

Associations:

International Law Association (American Branch, Arbitration Committee, Past Chair; International Arbitration Committee, American Delegate); American Society of International Law; Boston Bar Association (International Section, Past Chair; International Arbitration Committee, Past Chair); American Bar Foundation (Fellow); American Bar Association (International Section; National Security Law Committee, Current Co-Chair).

Education:

Juris Doctor 1977, Boston College School of Law , M.A. B.A. 1973, Hamilton College, N.Y.

Publications:

Numerous journals and CLE publications a well as book chapters, primarily related to international commercial arbitration and ADR. Textbook on International Arbitration published by West (2012). Example book chapters/articles include "“Preparing for the Evidentiary Hearing, ” Chapter 8 in Arbitrating Commercial Disputes in the United States (Practising Law Institute) (October 2018)/The Power of Arbitrators to Award Monetary Sanctions for Discovery Abuse," AAA DISPUTE RESOLUTION JOURNAL, pp. 60-69, November 2005-January 2006; and "International Arbitral Jurisdiction; When Taking Control Goes Out of Control," AAA DISPUTE RESOLUTION JOURNAL, pp. 64-79 and 85, May-July 2003. read more @ www.pdoneill.com

Miscellaneous:

Language Proficiency English Read more @ www.pdoneill.com

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