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

 

 

 

 

 

 

Joe McArthur

Professional Experience

Joe practises commercial litigation and arbitration. He has represented both public and private companies in a range of industries, including mining, infrastructure, utilities, financial services, and technology.

Joe is an experienced trial and appellate lawyer and has argued before all levels of court in Canada, including the Supreme Court of Canada.

He is National co-leader of the Firm’s Arbitration Group. He regularly advises on domestic and international arbitrations as counsel and is available for appointment as arbitrator. He is a member of the ICC Canadian Arbitration Committee, the American Arbitration Association’s International Centre for Dispute Resolution (ICDR) Panel of Arbitrators and the Domestic and International Arbitration Panels of the British Columbia International Commercial Arbitration Centre (BCICAC).

Dispute Resolution Experience and Training

  • Appointed to three member panel under ICC Arbitration Rules involving a dispute over a breached settlement agreement between Canadian and American companies
  • Appointed to three member panel under ICC Arbitration Rules involving a $70 million claim for energy infrastructure between Spanish and American parties
  • Appointed sole arbitrator in international arbitration involving an intellectual property dispute between Chinese and North American parties
  • Appointed sole arbitrator in BCICAC international arbitration involving a dispute over mining interests in Ecuador
  • Appointed to three member arbitration panel regarding agency dispute
  • Appointed sole arbitrator in ad hoc arbitration involving a franchise dispute
  • Appointed sole arbitrator in BCICAC share valuation dispute
  • Appointed sole arbitrator in a number of ICDR commercial contract disputes
  • Appointed to three member arbitration panel regarding dispute over South American mining concession

Counsel Work

  • Counsel in lengthy arbitration involving the construction of significant energy infrastructure
  • Counsel in arbitration regarding dispute over operation of municipal infrastructure
  • Counsel in arbitration regarding public-private-partnership infrastructure financial arrangements
  • Counsel in arbitration involving the operation of energy infrastructure
  • Counsel to Aon Hewitt in dispute regarding funding of public sector long term disability trust
  • Counsel to Suncor Energy Marketing Inc. in a dispute with Suncor’s terminal operator
  • Counsel to CHC Helicopters in an arbitration over the purported termination of Hibernia helicopter contract
  • Counsel to FinancialCAD Corporation in a dispute regarding the inadvertent triggering of shareholder dissent rights in FinancialCAD as a result of an error by FinancialCAD’s corporate solicitors
  • Counsel to NovaGold Resources Inc. in the appraisal of dissenting shareholder’s shares in the first reported case to consider B.C. Business Corporation Act dissent provisions
  • Counsel to Ermineskin Cree Nation in a lengthy Federal Court trial and before the Supreme Court of Canada alleging breach of a trustee’s duty to prudently invest over C$1-billion in trust funds and to prudently manage oil and gas resources
Professional and Other Activities

  • Member of Bar of British Columbia, 1995 to date
  • Fellow, Chartered Institute of Arbitrators
  • Member, ICDR Panel of Arbitrators
  • Member, LCIA North America Users Council
  • Member, Western Canada Commercial Arbitration Society
Academic Qualifications

B.A. (Political Science), Carleton University – 1991
LL.B., University of Toronto – 1994

Kenneth J. Glasner

Professional Experience

Kenneth Glasner, QC, is an experienced mediator and arbitrator based in Vancouver, BC. He has practiced as a neutral since 1967, and he was appointed as a federal Queen’s Counsel in 1990/

Ken has been involved in hundreds of disputes over a range of civil matter as a neutral and has been a frequent lecturer and panel member speaking on subjects dealing with ADR and designing mediation systems in Canada. He also sits on discipline panels. A number of his papers have been published. He retired some years ago as an adjunct professor of law at the University of British Columbia’s Faculty of Law.

Ken participates with other colleagues as a special adjudicator and judicial justice of the peace in a highly successful small claims project for the Provincial Court of British Columbia that has resulted in cleaning up the backlog of cases. He is also on the International Institute for Conflict Prevention & Resolution’s panel of distinguished neutrals based in New York. He is a former trustee of the British Columbia International Commercial Arbitration Centre and member of the working group dealing with domestic arbitration for the Uniform Law Conference of Canada. Recently, the minister of justice for British Columbia appointed him to an arbitration advisory group.

For more information including articles dealing with arbitration and mediation visit Ken’s website.

Dispute Resolution Experience and Training

  • Appointed as a mediator in disputes before the Courts.
  • Chaired Appeals under the Forest Act dealing with the cancellation of a pulp wood agreement.
  • Appointed as an Arbitrator or Adjudicator by the Federal Minister of Labour and the Provincial Minister of Labour on numerous arbitrations and adjudications.
  • Mediated Disputes for various Federal Government Ministries.
  • Discipline Panel member for the Real Estate Council of British Columbia.
Professional and Other Activities

  • Listed Arbitrator for the British Columbia International Commercial Arbitration Centre (BCICAC) as follows:
    • Domestic – B.C. Panel;
    • Domestic – Canadian panel;
    • International Arbitration panel;
    • Trial Overflow Panel.
  • Listed Mediator for the Bank of Montreal mediation project.
  • Listed Referee for the Supply and Construction Contract Referees – B.C. Hydro contract disputes.
  • Member of the B.C. Mediation Roster.
  • Panel Member of ADR Chambers.
  • Member and advisor to the British Columbia Law Society’s Task force on Alternative Dispute Resolution, 1994.
  • Frequent Lecturer and Contributor on the subject of Alternative Dispute Resolution, including the drafting of Arbitration and mediation clauses and dispute resolution.
  • Appointed a Judicial Justice of the Peace in and for the province of British Columbia, January 2008.
  • Honorary Legal Counsel, Congregation Schara Tzedeck.
  • Fellow, Chartered Institute of Arbitrators
Academic Qualifications

University of British Columbia, B. Com., 1965
University of British Columbia, LL.B. 1968

Gerald W. Ghikas

Professional Experience

Gerry Ghikas has over 35 years of experience as a trial lawyer, appellate advocate, arbitration counsel and commercial arbitrator. He has appeared as an advocate in numerous complex cases before Canadian courts, before administrative and regulatory tribunals and before international and domestic commercial arbitration tribunals seated in Canada, the United States, Europe and Asia. Gerry Ghikas has also served as an arbitrator in approximately 100 international and domestic cases. His experience spans a broad range of business and legal subject matters including, but not limited to, mining, oil and gas, electrical energy, forestry, banking, corporations and shareholders, securities regulation, officers and directors liability, intellectual property, technology, real estate, manufacturing and distribution, competition and anti-trust, partnerships, joint ventures and other contractual arrangements.

Gerry spent the first three years of his legal career as a solicitor, drafting leases, joint venture agreements, limited partnership agreements, financing and other documents. He is former managing partner of the Vancouver law firm Ladner Downs, and for many years chaired its Compensation Committee.

Dispute Resolution Experience and Training

  • 35 years of experience as counsel and commercial arbitrator, and occasionally as mediator
  • Advocate in numerous complex cases
  • Completed the Fellowship Accreditation course in International Arbitration of the Chartered Institute of Arbitrators (London) to be qualified as a Fellow
  • Completed accreditation course of BCAMI/ADRIC to be accredited as a Chartered Arbitrator
  • Arbitrator (sole arbitrator, chair or co-arbitrator) in over 100 international and domestic cases, either ad hoc or administered by BCICAC, ADRIC, ICC, ICDR etc.
  • Completed Commercial Mediation training offered by the CLE Society of British Columbia and served as mediator of complex commercial and partnership cases.
Professional and Other Activities

  • Fellow, Chartered Institute of Arbitrators (FCIArb.)
  • Chartered Arbitrator (CArb.)
  • Queens Counsel (QC)
  • Fellow, American College of Trial Lawyers (FACTL)
  • Recipient of National Award for Excellence in Dispute Resolution
  • Chair, Canadian National Arbitration Committee of International Chamber of Commerce
  • Canadian Delegate to UNCITRAL Working Group (Arbitration Rules Revision)
  • Member, CBA, ABA, IBA, ICC, LCIA, ICDR, ADRIC
  • Author of numerous articles on dispute resolution
  • Chambers Global, World’s Leading Lawyers for Business
  • Martindale Hubbell, AV Peer Review Rating
Academic Qualifications

University of Calgary, Bachelor of Arts with Distinction, 1970
University of British Columbia, Bachelor of Laws, 1973