Intellectual Property Law, Aviation Law, Bio-Tech Law, Conflicts Law, Construction Law, Contract Law, Foreign Investment Law, Insurance Law, International Law, Resource Industry – Mining, Sale of Goods Law, Technology Law
Mark McNeill is a partner in Shearman & Sterling’s International Arbitration Group in Paris. He has fifteen years of experience representing companies and States in international arbitrations, both ad hoc and institutional, with a focus on intellectual property and technology cases. He has handled disputes in the pharmaceutical, chemical, aviation, nuclear construction, mining and reinsurance industries. Before joining Shearman & Sterling’s international arbitration team in Paris in January 2007, Mark McNeill was an Attorney-Adviser in the Office of the Legal Adviser of the U.S. Department of State, where he represented the United States in investor-State arbitrations under the investment chapter of the North American Free Trade Agreement (NAFTA). Prior to that, he was an international arbitration associate in Shearman & Sterling’s New York office.
Recent or pending arbitrations in which Mark McNeill has appeared as counsel include the representation of:
- A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arises from an agreement for the construction of a nuclear power plant in Finland. Finnish law governs and the language of the proceedings is English. Over USD 4.8 billion is at stake.
- Electricité de France (EDF) as Claimant in an UNCITRAL arbitration against the Republic of Hungary. The dispute arises from termination of the Power Purchase Agreements put in place during the privatisation of the electricity sector. The claims are brought under the Energy Charter Treaty and the arbitration is conducted in accordance with UNCITRAL Rules. Hundreds of millions of US dollars are at stake.
- A U.S. corporation in a dispute against the largest Hungarian oil and gas company in relation to a long-term agreement for the production, processing and sales of oil and gas.
- A North American agribusiness company as Respondent in an ICC arbitration initiated by European agribusiness companies. The dispute relates to the parties’ rights of use with respect to proprietary biotechnology. French law applies.
- A European pharmaceutical company as Claimant in an ICC arbitration in Paris against three subsidiaries of a global health care company arising out of a license agreement. French law applies.
- Three European chemical companies in a series of ICC arbitrations in Paris, Geneva and London against the European subsidiaries of a large North American chemical concern. The disputes arise from a joint venture agreement formed to manufacture a product used for the production of nylon. French law applies.
- A European aviation company as Claimant in an ICC arbitration in Geneva against a North American parts supplier. The dispute arose out of an agreement for the supply of airplane components. French law applied and the language of the proceedings was English. The matter was settled at an advanced stage of the procedure.
- The majority shareholders in former Yukos Oil Company as Claimants in a series of three arbitrations against the Russian Federation in relation to the expropriation of their investment in the company. The claims are brought under the Energy Charter Treaty, a multilateral convention governing trade and investment in the energy sector, and compensation is being sought for an amount in excess of USD 114 billion. This matter is the largest arbitration ever in terms of amounts at stake. The arbitrations are conducted in accordance with the UNCITRAL Arbitration Rules and are administered by the Permanent Court of Arbitration (PCA) in The Hague. In an Interim Award of November 30, 2009, the Arbitral Tribunal decided that it has jurisdiction over the dispute and that the claims are admissible.
- The United States in several arbitrations under Chapter Eleven of the NAFTA, including Methanex Corp. v. United States of America (USD 970 million claim challenging California’s regulations banning a gasoline additive); Glamis Gold Ltd. v. United States of America (USD 50 million claim concerning federal and state actions taken with respect to the claimant’s mining claims); In re Consolidated Softwood Lumber Proceedings (consolidated claims for USD 500 million challenging U.S. antidumping and countervailing duty measures); Canfor Corp. v. United States of America (claims challenging softwood lumber duties that were consolidated); Tembec Inc. v. United States of America (same); and Terminal Forest Products Ltd. v. United States of America (same).
- A North American reinsurance intermediary as both a Respondent and a Claimant in multiple ad hoc arbitrations in New York and New Jersey against many international insurance companies. The dispute concerned liability of various parties with respect to obligations arising out of a complex international reinsurance pool arrangement. An award was rendered in favor of our client in the lead case. Other cases were thereafter settled on confidential terms.
Professional and Other Activities
- Fellow, Chartered Institute of Arbitrators (CIArb)
- Panel of Distinguished Neutrals, CPR Institute for Dispute Resolution
- Adjunct Professor, International Investment Law and Arbitration, American University Washington College of Law (2006)
- American Bar Association (ABA), Section of International Law: International Investment and Development Committee (Co-Chair, 2011-13; Vice Chair, 2008-10); International Arbitration Committee (Vice Chair, 2008-09); Programs Committee (Vice Chair 2006-08)
- Fellow, American Bar Foundation (ABF)
- Advisory Board Member, Institute for Transnational Arbitration (ITA)
- Member, American Society of International Law (ASIL)
- Member, London Court of International Arbitration (LCIA)
- Member, International Arbitration Institute (IAI)
- Member, International Bar Association (IBA)
- Member, Federal Bar Council Inn of Court, Southern District of New York (2001-02)
- Editor-in-Chief, Journal of International Law & Politics, NYU School of Law (1997-98)
New York University School of Law, J.D., 1998
The Johns Hopkins University, School of Advanced International Studies, M.A., 1995
Colgate University, B.A., 1989