Philip D. O’Neill
ATTORNEY: Partner, Edwards Wildman Palmer LLP (now Locke Lord Edwards)(1987–2014); Partner, Hale and Dorr (now Wilmer Hale)(1983–1987, Associate 1977–1983); ACADEMIC: Adjunct Professor of Law on International Arbitration, Boston College Law School (1988–Present); Lecturer in Law on International Arbitration, ELLM Program, Boston University Law School (2011-present); Adjunct Professor of International Law on Business Transactions), Fletcher School of Law & Diplomacy, Tufts University (2007); Nomura Lecturer in Law on International Arbitration, Harvard Law School (2005); Adjunct Professor of Law on National Security Law, Boston University School of Law (2001–2009) and Boston College Law School (1988); Adjunct Professor of American Foreign Policy & International Banking Boston University Law School (1991); Adjunct Research Fellow, Center for Science and International Affairs, John F. Kennedy School of Government, Harvard Univ. (1983–1986, Associated 1982, 1987); Guest Lecturer, Commentator, Harvard Law School (1994–1995: 1998 and 2006); Harvard Business School and Boston College Law School (1985).
College of Commercial Arbitrators (Fellow); Chartered Institute of Arbitrators, U.K. (Fellow and Chartered Arbitrator); Member, National Academy of Distinguished Neutrals; International Law Association (American Branch, Arbitration Committee, Past Chair; International Arbitration Committee, American Delegate since 1989); 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: Vice Chair International Arbitration Committee of the International Section (2011-2013), as well as Co-Chair (2016-2019) and Vice Chair (2002-2005 and 2011-2015) National Security Law Committee]. Read more at www.pdoneill.com (see Background/Professional Associations).
Past or present memberships/listings include: AAA; ICDR; CIETAC; SCIA; SHIAC; KCAB; CPR; HKIAC; ICC; LCIA; IAC; and Singapore Arbitration Centers.
NOTABLE ARBITRATOR EXPERIENCE as chair (approximately 40 cases), wing (over 40 cases), and sole arbitrator (approximately 60 cases), presiding over disputes involving:
(1) Communications - U.S.$750 million patent licensing dispute between Asian and American telecom companies; U.S.$20 million voice recognition modem chip contract with foreign supplier; satellite digital transmission license and services-related claim; telecom contract rate disputes; web-based video library services dispute.
(2) Distribution/Supply - Nine figure Asian industrial gas requirements contract; South Asian foreign military aviation supply contract; explosives supply contract; and printing, food and beverage (foreign and domestic) supply contracts, including outsourcing (eg. China).
(3) Energy - Eastern European privatization joint venture declaratory judgment and multimillion dollar damages claim; South East Asian power generation contract; electricity contracts; U.S.$20 million oil storage claim.
(4) Private Equity/Investment/Acquisitions - U.S.$150 million shipping asset post-closing adjustment between American and European parties; U.S.$50 million private fundraising dispute with Asian Government; U.S.$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; office buildings investment partnerships; and stock valuation of foreign company.
(5) Technology/Life Sciences - Ownership and licensing of intellectual property, including: one billion dollar patent licensing and genetic technology trade secret dispute between Asian pharmaceutical and American biotech company; one billion dollar consumer electronics patent license dispute; U.S.$200 million Russian defense technology patent license claim; U.S.$100 million European bottling technology patent license dispute; U.S.$20 million healthcare patent license/dispute; patent license and trade secret claims involving powered tools, collection software, printing equipment, private education software and other information technology and software related claims.
(6) Sovereigns/State Enterprises -- U.S.$ nine figure real estate dispute between U.S. Government Agency and international bank; U.S.$ eight figure fundraising dispute between Asian sovereign and U.S. investment bank; U.S.$ eight figure fibre-optic network dispute between Canadian company and State quasi-public instrumentality; and U.S.$ seven figure rate dispute between municipality and electric power generation company.
Read more at www.pdoneill.com at Arbitrator Experience/Representative Cases.
Confidentiality, Chapter 6 in Arbitration of International IP Disputes (2nd Edition)(Juris Publications)(Forthcoming 2021)(Co-author with Laura Kaster)
Publications and Speaking Engagements:
Includes Textbook on International Commercial Arbitration (West Academic Press 2012) and numerous journals and CLE publications, as well as book chapters, primarily related to commercial arbitration and ADR, including:
- Lead-Up to the Evidentiary Hearing, Chapter XI in Arbitrating Commercial Disputes in the United States (PLI 2020)(2nd edition);
- The Power of Arbitrators to Award Monetary Sanctions" in AAA HANDBOOK OF COMMERCIAL ARBITRATION (Chapter 21 in the 2010 edition) and "International Arbitral Jurisdiction: When Taking Control Goes Out of Control," (Chapter 6 in the 2010 edition of the AAA HANDBOOK ON INTERNATIONAL ARBITRATION.
- Preparation Contrasts Between International and Domestic Arbitration in 13 New York Dispute Resolution Lawyer 55-57 (NYSBA)(Spring 2020).
- Technical Assistance Agreements in International IP Arbitration in Just Resolutions (American Bar Association Dispute Resolution Section March 2016).
- Developments in IP Arbitration: An Arbitrator's View, in 8 New York Dispute Resolution Lawyer 9-11 (NYSBA Fall 2015).
Read more at www.pdoneill.com at Background/Academic Experience/Publications.
September 17, 2019 - "Boston as a Situs for Arbitration" at the International Arbitration Club of New York.
April 10, 2019 -- "Complex Issues in Life Science Arbitration" in "International Arbitration of Life Science Disputes: Key Issues and Best Practices" at Charles River Associates, Boston MA
April 1, 2019 -- "The Practice of International Arbitration" at Boston University Law School
August 15, 2018 -- "The Practice of International Arbitration" at Boston University Law School
January 24, 2018 - "Insider Views on International Dispute Resolution" at the Boston Bar Association
May 5, 2016 -- "Fundamentals of Arbitration" at the Boston Bar Association
April 7, 2016 -- "Differences in the Pre-hearing Role of the Tribunal between International and Domestic Arbitrations" at the 18th Annual American Bar Association Section of Dispute Resolution Spring Conference, New York City, New York
March 5, 2015 -- “Developments in IP Arbitration: An Arbitrator’s View,” Boston Bar Association Alternative Dispute Resolution Committee