Mr. Philip D. O’Neill Jr.

Professional Experience

Philip O’Neill’s international practice ranges from general corporate work to dispute resolution. Primarily, Philip O’Neill has been engaged in litigation/arbitration as a trial attorney and arbitrator for over 30 years, with approximately equal experience in international and domestic arbitration and litigation involving complex business disputes (70%). He has acted as outside general counsel to a number of American and foreign clients in connection with projects in the U.S. and around the world, including joint ventures and private equity investments. Phil’s international general counsel practice has involved matters/issues in as many as 45-50 countries per year. He has also represented both U.S. and foreign companies in cross-border and domestic arbitration as well as litigation matters in the U.S. and abroad for over 30 years. His experience as advocate or arbitrator includes international commercial disputes involving energy supply, joint ventures, distribution, health care, life sciences, telecom, valuation and transfer pricing, as well as patent royalty and other intellectual property, technology transfer and licensing matters.

Notable Experience

Guidance/Transactional:

  • Phil provided post 9/11 guidance to the Chairman of a large Arab bank on anti-terrorist finance issues.
  • He served as International Special Counsel to a NYSE listed company on joint ventures.
  • He acted as International General Counsel on joint ventures and related industrial projects for Middle Eastern strategic financial partners and American technology partners.
  • He served as International General Counsel to a Middle Eastern-financed offshore collective investment through special purpose corporations for U.S., European, North African and Middle Eastern investments.
Dispute Resolution Experience and Training

Phil O’Neill is a very experienced international arbitrator and is on panels or listed by arbitral institutions globally, including the American Arbitration Association, International Chamber of Commerce, WIPO, the London Court of International Arbitration, CIETAC and the Stockholm, Milan, Dubai, Kuala Lumpur and Hong KongArbitrationCenters. Phil is a chartered arbitrator and a fellow in both the College of Commercial Arbitrators and in England’s Chartered Institute of Arbitrators. He was previously on the American Panel of Arbitrators to resolve trade disputes under the North American Free Trade Agreement. Phil has been listed repeatedly in the International Arbitration section of The Best Lawyers in America.

  • Phil authored a panel decision relating to a ten-figure patent/licensing royalty claim between an Asian pharmaceutical and an American biotech company.
  • He was an advocate in a ten-figure energy long-term supply contract breach claim between American and African companies.
  • He served as a panel chair in a nine-figure patent royalty claim between an American company and an Asian company in the telecom industry.
  • Phil was a member of the panel for a nine-figure patent license dispute between American and Canadian companies over European and Latin American technology transfer.

Training

  • College of Commercial Arbitrators, Annual Meeting, 2008, 2009
  • AAA Dealing With Delay Tactics in Arbitration, 2006
  • AAA International Arbitration Symposium, 2005
  • AAA Neutrals Conference, 2005
  • AAA Dealing with Delay Tactics in arbitration (ACE004), 2005
Professional and Other Activities

In 2007 Phil O’Neill taught international business transactions at the Fletcher School of Law & Diplomacy. Phil served as Nomura lecturer in law at Harvard Law School on International Arbitration in 2005. His professorial career began at Boston College Law School in 1988, where he initially taught a seminar on “National Security Law” and he continues to teach an “International Arbitration” course. He also teaches at Boston University School of Law, where he currently conducts an LLM seminar on “International Arbitration”, and previously taught for ten years a “National Security Law” seminar, and previously a L.L.M. level course entitled “American Foreign Policy and International Banking”. Phil previously guest-lectured at the Harvard Law School on “International Arbitration” in the mid to late 1990s as well as 2006, and before that at Harvard Business School on venture capital.

Academic Qualifications

Hamilton College, B.A., 1973
Boston College, J.D., 1977

 

 

 

 

 

 

Melvyn Simburg

Professional Experience

Mr. Simburg has been an attorney since 1972 and an ADR neutral since 1980. Mr. Simburg is a lawyer’s lawyer. He helps businesses as an imaginative problem-solver and resourceful litigator. Mel Simburg has particular experience in the areas of international distribution, copyright and trademark protection, web contracts, technology and rights licensing and foreign investment. Because of his excellent communication skills and business litigation background, he is frequently asked to serve as an arbitrator or mediator. Mel Simburg is a member of the Large Complex Case Panel and the Commercial and Intellectual Property panels for the American Arbitration Association and serves on arbitration panels for ICDR, FINRA and other organizations as well.

Dispute Resolution Experience and Training

Mr. Simburg is a member of the Large Complex Case Panel and the Commercial and Intellectual Property panels for the American Arbitration Association and serves on arbitration panels for ICDR, FINRA and other organizations as well.

He serves as arbitrator or mediator in a variety of business-related disputes, many of which involve cross-border, multi-cultural and/or intellectual property matters. He has resolved a significant number of franchise, licensing and distribution disputes. He has served as a neutral in computer system installations involving up to several million dollars. Internet-related disputes have involved such matters as banking, copy right infringement, trademark infringement, trade dress issues, domain names.

Mr. Simburg has participated in over thirty ADR training sessions in the last 10 years.

Professional and Other Activities

Mr. Simburg serves on State and ABA committees and chairs seminars and symposia here and abroad. He has served as a volunteer attorney for Washington Lawyers for the Arts, Seattle Public Theatre, Seward Park Art Studio and the Faces for Life Project of the Puget Sound Blood and Tissue Center. He was lead counsel for the firm’s representation of the “Best of the USSR Software and Technology Show” held in connection with the 1990 Good Will Games.

Mel Simburg has authored or co-authored several articles and presented at seminars in his areas of special experience. Topics include Use of a Foreign Sales Corporation, Protection of Trademarks, Trade Names and Trade Secrets, Copyright Protection for Foreign Works, Intellectual Property on the Internet and Internet Privacy Policies as well as arbitration and mediation topics. He is the author of the section Proof of Foreign Law for the “Washington State Civil Procedure Deskbook” and is Editor of the ABA’s annual International Intellectual Property Year in Review.

Academic Qualifications

Columbia University School of Law, J.D., 1972
Columbia University School of International & Public Affairs, M.I.A., 1972
University of California-Berkeley, B.A.(Citation in Macroeconomics), B.A., 1968

R. John Rogers

Professional Experience

Mr. Rogers is a Senior Professional with a unique combination of over 45 years of entrepreneurial, financial, legal and operational experience in the high technology, financial and legal industries. Special expertise in commercializing technology and in acquiring, financing, and building technology businesses.

In the approximately 18 years prior to restricting his practice to third party administrative law, Mr. Rogers’ legal practice consisted of an extremely active M&A and corporate finance practice, acting for clients acquiring and financing businesses, and acting for underwriters and issuers working in jurisdictions throughout North America, Mexico, South America and Europe.

Dispute Resolution Experience and Training

Mr. Rogers founded and is the senior partner of R. John Rogers & Associates, a firm focused on providing mediation and arbitration services in the areas of securities and corporate finance, information technology, and biotechnology.

With over 25 years of experience as an arbitrator and chair of administrative hearings, Mr. Rogers has acted as both panel chair and as sole arbitrator in matters ranging from the interpretation of joint venture agreements among public mining companies, to the resolution of disputes among shareholders in private companies, to the application of intellectual property agreements.

His training includes:

  • The Conduct of Arbitration Proceedings course of the BC 1995
    Arbitration and Mediation Institute
  • Advanced Commercial Mediation certificate from the Continuing Legal 1996
    Education Society of BC
Professional and Other Activities

As Chair of Investment Industry Regulatory Organization of Canada disciplinary panels, Mr. Rogers has written numerous decisions on behalf of the panels on which he has served. These decisions are published at IIROC.

Mr. Rogers has served on both three member panels and acted as a single panelist both reviewing and authoring panel decisions as part of the Canadian Internet Registration Authority Domain Dispute Resolution Program. These decisions are published at CIRA.

Mr. Rogers is appointed as a Hearing Delegate by the General Manager of the British Columbia Liquor and Cannabis Regulation Branch pursuant to section 5 of the British Columbia Liquor Control and Licensing Act for the purpose of hearing on behalf of the General Manager enforcement matters referred to him by the Liquor and Cannabis Regulation Branch. These decisions are published at https://www2.gov.bc.ca/gov/content/employment-business/business/liquor-regulation-licensing/bc-liquor-control-compliance-and-enforcement/bc-liquor-enforcement-hearing-search.

Mr. Rogers is appointed as an arbitrator under the Canada-British Columbia Production Insurance Program administered by the Business Risk Management Branch of the British Columbia Ministry of Agriculture pursuant to the Insurance for Crops Act of British Columbia. These decisions are not published.

As a British Columbia International Commercial Arbitration Centre former Trustee, Mr. Rogers actively participated in the drafting of the BCICAC Domestic Commercial Arbitration Rules.

  • Accredited as a Chartered Arbitrator by the ADR Institute of Canada;
  • Accredited for both arbitration and mediation on the National Commercial Panel of the ADR Institute of Canada Inc.;
  • Accredited for the panel of arbitrators and mediators by the World Intellectual Property Organization, Geneva, Switzerland.

Mr. Rogers has published articles and engaged in numerous presentations in his areas of expertise relating to the investment and technology industries. His articles have appeared in the Advocate, the magazine published by the Law Society of British Columbia, in the Monitor, the magazine published by the British Columbia Technology Industries Association, and in Retail Connections, the magazine published by Shelf space, the organization representing retail entrepreneurs in British Columbia and Alberta.

Academic Qualifications

University of British Columbia, B.A., 1965
University of Toronto, LL.B., 1968
The Canadian Institute of Chartered Business Valuators, Course on Valuation I, Valuation II and Taxation in Business Valuation, 1987-1989

Mr. Peter L. Michealson

Professional Experience

Principal and Attorney, Arbitrator and Mediator, Michaelson & Associates 1984-present, and General Counsel (virtual), Direct Grid Technologies LLC, Edgewood, New York Oct 2010-present; Associate Attorney, Pennie & Edmonds 1982-84; Corporate Patent Attorney (Member of Legal and Patent Staff), Bell Telephone Laboratories 1979-82; Electronics Development Engineer, Rockwell International Corporation 1977-79 and Aluminum Co. of America (Alcoa) 1976-77; Electronics Project Engineer, Control Systems Research, Inc. 1975-76.

  • Conducted intellectual property and unfair competition litigation in the U.S. courts, and inter parte and ex-parte proceedings in the USPTO involving patents and trademarks.
  • Counsel in patent infringement cases involving electronic and computer-related technology.
  • Prepared patent and trademark validity and infringement opinions.
  • Experienced in patent and trademark licensing.
  • Counseled in intellectual property, antitrust and unfair competition law.
  • Prepared and prosecuted many patent applications, both U. S. and foreign involving, e.g., complex electronic, communications and computer-related technology, and mechanical technology.
  • Served as Court-appointed expert in patent law in various litigations.
Dispute Resolution Experience and Training

Peter Michaelson arbitrated over 450 domestic and international disputes primarily: IP, IT, telecom, infrastructure, energy (oil/gas, solar), and technology-related disputes, and secondarily other commercial disputes. He handled domestic and international arbitrations under UNCITRAL, LCIA, WIPO, CPR and AAA/ICDR rules.

These arbitrations included, e.g., (a) a US contract dispute, involving an alleged breach of confidentiality, concerning a demand‑side, energy load management system with damages claimed of US $ 107 million (was sole arbitrator); (b) a US patent dispute involving a genetically-engineered pharmaceutical drug then having cumulative sales of approximately US $4 Billion; (was panel chair) and (c) a bilateral investment treaty (BIT) telecom infrastructure dispute with approximately US $ 150 Million in dispute and involving a foreign government as a party (was co-arbitrator).

Peter Michaelson has handled arbitrations on both an ad hoc and administered basis with amounts in contention reaching as much as US $400‑800 Million. Continue to serve as chair, sole arbitrator and co-arbitrator.

Mr. Michaelson mediated over 150 domestic and international disputes, including an international patent dispute concerning mechanical and electronic aeronautical technologies with approximately US $600 Million in dispute.

Rendered approximately 190 domain name arbitration decisions (20 reported by BNA, Washington DC in US Patents Quarterly (USPQ)).

Training (extensive) – principal: ICDR International Symposia in Adv. Case Management Issues, 2/2009; Advanced Mediator Training, CPR, 10/2004; Advanced Mediator Skills, Mediation and Training Alternatives in association with CEDR/London, 05/04; AAA Arbitrator II-Adv. Case Management, 10/02; AAA Arbitrator 1-Fundamentals of the Arbitration Process, 12/01; 6th Annual Int’l Summer School, Mediator Skills Training, CEDR/London, 8-9/01; Harvard Law School Program of Instruction for Lawyers: The Lawyer as Negotiator, 6/99, Adv. Mediation, 11/97, and Mediation, 6/96, and Program on Negotiation: negotiation workshops 6/93; WIPO – Workshop for Arbitrators 11/96 and Mediation of Intellectual Property Disputes training, 5/95.

Professional and Other Activities

  • Fellow and Chartered Arbitrator, Chartered Institute of Arbitrators (UK)
  • Fellow, College of Commercial Arbitrators (US)
  • Fellow, Australian Center for International Commercial Arbitration

Peter Michaelson conducted seminars, served as speaker and provided numerous presentations concerning various aspects of IP law and IP-related ADR to various legal groups, and organizations; and authored articles on various aspects of arbitration, IP-related ADR and IP Law.

Martindale-Hubbell “AV” rated attorney with Peer Review Rating of 5.0 of 5 (“Preeminent”)
AvvoRating 10.0 out of 10 (“Superb”)

Academic Qualifications

New York University School of Law, LL. M., (Trade Regulation), 1985
Duquesne University School of Law, Pittsburgh, Pennsylvania, J.D., 1979
(Senior Staff Member — Duquesne Law Review)
Carnegie-Mellon University (CMU), Pittsburgh, Pennsylvania, M.S., Electrical Engineering, 1975
Electrical Engineering & Economics, CMU, B.S., 1974

Mr. Douglas M. Isenberg Esq.

Professional Experience

Doug Isenberg, an attorney in Atlanta, Georgia, has been called an “international authority on Internet law” by Atlanta Business Chronicle. Since 1996, his legal practice has focused on Internet-related legal issues, and he is the author of a widely praised book published by Random House in 2002, The GigaLaw Guide to Internet Law. As a domain name panellist for the World Intellectual Property Organization (WIPO) and the Czech Arbitration Court (CAC), Isenberg has written numerous decisions pursuant to the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Premium Name Trademark Application Rules for .mobi. As an attorney in private practice, Isenberg has represented complaints and respondents in domain name disputes under the UDRP and various ccTLD dispute policies, including the largest-ever UDRP filing, which resulted in the transfer of 1,519 domain names. A frequent speaker on the Internet law issues, Isenberg founded and since January 2000 has published GigaLaw.com, a website that provides daily updates about high-tech legal developments.

Dispute Resolution Experience and Training

Current:

Previous:

  • Of Counsel, Needle & Rosenberg, P.C.
  • Manager, Legal Affairs, Meridian Management SA
  • Associate, Alston & Bird LLP
  • Associate Editor, Business Atlanta magazine
  • Reporter, Gwinnett (Ga.) Daily News
Professional and Other Activities

  • Chair (2005-06), Intellectual Property Law Section, State Bar of Georgia
  • Founding Member, Intellectual Property Advisory Board, Georgia State University College of Law
  • Charter Member, Atlanta Intellectual Property American Inn of Court
  • Member, ICANN’s Intellectual Property Constituency
  • Board of Trustees, Temple Sinai (Atlanta), 2002-04
  • Board of Trustees, Anti-Defamation League, Southeast Region, 2002-03
  • “Georgia Super Lawyers Rising Star,” Law & Politics (published in Atlanta magazine), October 2005
  • One of “Seven Rising Stars,” Atlanta Jewish Life magazine, November/December 2002
Academic Qualifications

Bachelor of Arts, Political Science, Washington University in St. Louis, Missouri, 1990
Juris Doctor, cum laude, Georgia State University College of Law, 1996

 

Hon. Neil A. Brown

Professional Experience

The Hon Neil Brown QC is a Queens Counsel in Australia and has had a long and distinguished career in government and the law. He was a Minister in the Federal Government in Australia in charge of portfolios in Attorney-General’s, Communications and Employment and Youth Affairs. In the law, he has appeared in every jurisdiction in Australia and has had experience in commercial, intellectual property, town planning and taxation matters. He is an Adjunct Professor of Law at Murdoch University in Western Australia. He is a qualified arbitrator and mediator practicing in international and domestic matters in the commercial, communication, intellectual property and governmental fields. He is a leading arbitrator and adviser on internet domain name disputes. Representative cases include:

  • International arbitrations on the sale of goods.
  • A long series of arbitrations, advice, lecturing and tutoring on domain names.
  • Two arbitrations on GST (VAT) relating to small business.
  • Arbitration of a dispute on the international sale of goods between India and the United States.
  • Arbitration of a dispute on the sale of Australian wine to the USA.
  • Arbitration of a dispute between NSW /overseas principal and Victorian agent.
  • Alternative dispute resolution hearing on the price of electricity.
  • Mediation of a dispute on competing proposals for the development of a large tract of land in New South Wales.
  • Mediation of dispute on the provision of fringe benefits under a group of remuneration contracts relating to Fringe Benefits Tax.
  • Mediation on breach of service contract involving IP.
  • Mediation of large construction dispute over steel fixing.
  • Mediation of a dispute on restraint of trade on former employees and directors.
  • Mediation of dispute between lender and shareholders and directors of company.
  • Dispute on the terms of a consultancy agreement.
  • Numerous mediations on quality of work, claims for extras and delays in works.
  • Mediation of several disputes between a private health insurer and groups of private hospitals on the degree of reimbursement to be paid by the insurer to the hospitals.
  • Mediation of several disputes between universities/research institutions and investors on the commercialization of inventions.
Dispute Resolution Experience and Training

Practiced in dispute resolution tribunals, arbitration and mediation since 1964
Qualified Arbitrator and Mediator of The Institute of Arbitrators and Mediators, Australia since 2004
Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators
Intellectual property, Society of Australia and New Zealand

Professional and Other Activities

Maintaining website on domain name arbitration at www.domaintimes.info
Extensive writing and lecturing on arbitration and mediation, including domain name arbitration.

Academic Qualifications

University of Melbourne, LLB 1963

Mr. Craig R. Chiasson

Professional Experience

Craig has acted as counsel in international commercial arbitrations and in investor-state arbitrations under bilateral investment treaties and other multilateral investment treaties, for both respondent States and claimant investors.

His international commercial arbitration experience (past and present) includes, representing:

  • A Canadian iron-ore project in relation to power issues in an ad hoc arbitration
  • A Canadian power company in relation to the sale and purchase of transformers from Chinese company under the BCICAC Rules
  • An Icelandic geothermal power producer in relation to a power purchase agreement with an Icelandic smelter project owner under the SCC Rules
  • A Canadian power company in relation to a site preparation for a transformer under the BCICAC Rules
  • A Barbados company in a dispute with a Canadian company relating to health products in an ad hoc arbitration
  • A Chinese company in a dispute with a Canadian company in relation to the manufacture and sale of raw materials for industrial building under BCICAC Rules
  • A Canadian design and construction joint venture in a dispute with an owner under the UNCITRAL Rules
  • A Canadian design and construction company in a dispute with a supplier relating to highway structure
  • A Canadian pharmaceutical development company in an ICC arbitration
  • An English marine equipment company in an ICC arbitration
  • A Canadian mining company in an UNCITRAL arbitration
  • A Portuguese cement company in an ICC arbitration
  • A US satellite manufacturer in an ICC arbitration and ad hoc proceedings
  • A Korean shipbuilding company in an ICC arbitration
  • A French nuclear power plant contractor
  • A major international financial institution in an ICC arbitration
  • An Albanian mobile telephone company
  • A Russian energy company in an ICC arbitration
  • A Canadian software company in two international arbitrations under the BCICAC rules
  • A Greek financial institution in a dispute relating to the purchase of a foreign financial institution

His commercial arbitration experience (past and present) as arbitrator includes:

  • Sole arbitrator in an international commercial arbitration under the BCICAC Rules arising from a consultancy agreement
  • Sole arbitrator in an international commercial arbitration under the BCICAC Rules arising from a royalty agreement

His investment treaty experience includes advising:

  • An European State on issues arising out of an investor’s claims for breach of the Energy Charter Treaty relating to the revocation of power-generation concessions
  • An African State on issues arising out of an investor’s claims for breach of a bilateral investment treaty relating mining rights
  • An international energy company on issues arising out of its claims for breach of relevant bilateral investment treaties in relation to its assets in a South American State
  • An international energy company on issues arising out of its claims for breach of relevant bilateral investment treaties in relation to its assets in a CIS State

Craig has also acted as tribunal secretary to Jan Paulsson in Pantechniki S.A. Contractors & Engineers v. Republic of Albania (ICSID Case No ARB/07/21) and in an ICC case to Noah Rubins relating to the dismantling, transportation and reconstruction of a steel plant.

He has appeared as counsel in ICC, UNCITRAL, ICSID, SCC, BCICAC and ad hoc arbitration proceedings and in the Appeal, Supreme, and Provincial Courts of British Columbia.

Professional and Other Activities

  • Member of the Roster of Arbitrators of the British Columbia International Commercial Arbitration Centre (BCICAC)
  • Member of International Chamber of Commerce (ICC) Canada’s Arbitration Committee, including as a member of its list of arbitrators
  • Advisory Board Member of the International Arbitration Law Project of the Uniform Law Conference of Canada
  • Member of the International Council for Commercial Arbitration (ICCA)
  • Member of the London Court of International Arbitration
  • Advisory Board Member of the Institute for Transnational Arbitration
  • Member of the International, Canadian and Vancouver Bar Associations
  • Contributor to International Law Office on issues of international arbitration
Academic Qualifications

Qualified Solicitor of England and Wales, 2011
Qualified Barrister and Solicitor of the Law Society of BC, 2002
University of Alberta, LLB, 2001
University of British Columbia, BEd, 1995
University of British Columbia, BA, 1992