Academic Experience
Summary
As an Adjunct Professor and Lecturer in Law, Mr. O’Neill has decades of experience teaching international arbitration at Boston College and Boston University Law Schools, as well as at Harvard Law School, where he was Nomura Lecturer in Law. Additionally, he has extensive teaching experience with respect to national security law related courses at top national law schools. He previously held for several years adjunct fellowship appointments in that field at Harvard University’s Kennedy School of Government at its Center for Science and International Affairs. Mr. O'Neill also taught an international business transactions course at the Fletcher School of Law & Diplomacy, and co-taught a course at Harvard Business School on "Field Studies in Entrepreneurial Management".
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Arbitration Courses
1989 to 2023 — Adjunct Professor of International Arbitration at Boston College Law School
2011 to 2020 — Adjunct Professor of International Arbitration at Boston University Law School (ELLM Program)
2005 — Nomura Lecturer in Law on International Arbitration at Harvard Law School.
1997 - 2006 — Periodic guest lectures at Harvard Law School on International Arbitration
1996 — Co-taught International Litigation and Arbitration at Harvard Law School
1980s to date — Numerous Continuing Legal Education and other Bar Association related faculty appointments for professional seminars and presentations, typically involving domestic or international arbitration.
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Arbitration Publications
PUBLICATIONS:
ARBITRATION BOOKS
- International Commercial Arbitration: Case Studies and Materials Exploring Where Theory Meets Practice, American Casebook Series, West (2012)(781 pages)
- Teaching Manual to International Commercial Arbitration, American Casebook Series, West (2013) (310 Pages)
ARBITRATION BOOK CHAPTERS
Confidentiality, Chapter 6 in Arbitration of International IP Disputes 317-378 (Juris Publications 2021)(2nd Edition)(Co-author with Laura Kaster)
Lead-Up to the Evidentiary Hearing, Chapter XII in Arbitrating Commercial Disputes in the United States (PLI 2020)(2nd edition)
International Arbitration (Conduct of Proceedings), Chapter 19 in The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (4th Edition)(Juris Net LLC 2017)(Contributing Author)
International Arbitration (Preliminary Matters), Chapter 18 in The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (4th Edition)(Juris Net LLC 2017)(Contributing Author)
The Development of Remedial Power: Arbitrators' Ability to Award Monetary Sanctions, Chapter 34 in the Handbook on Arbitration Practice of the American Arbitration Association 449-475 (Juris Publications 2016)
International Arbitral Jurisdiction: When Taking Control Goes Out of Control, Chapter 6 in the Handbook on International Arbitration Practice of the American Arbitration Association 53-76 (Juris Publications, 2010).
The Power of Arbitrators to Award Monetary Sanctions, Chapter 21 in the Handbook on Arbitration Practice of the American Arbitration Association 251-272 (Juris Publications, 2010).
Getting Involved Early and Making an Impact, Chapter 7 in Best Practices for International ADR 105-120 (Aspatore Books 2007).
Is the Exceptio Non Adempleti Contractus Part of the New Lex Mercatoria, Chapter 4 in Transnational Rules in Commercial Arbitration (ICC Publishing, Paris, 1993)(Co-author with World Court Justice Nawaf Salam).
ARBITRATION ARTICLES
Transformative Technology & Arbitration's Emerging Future in 32 American Review of international Arbitration 337-359 (Jurist 2021)
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) access at: https://www.americanbar.org/content/dam/aba/adminsitraive/dispute_resolution/newsletter/mar2016/technical_Assistance_Agreements_in_International_IP_Arbitration.pdf
Developments in IP Arbitration: An Arbitrator's View, in 8 New York Dispute Resolution Lawyer 9-11 (NYSBA Fall 2015).
New Disclosure Rules in International Arbitrations in the US, in Commercial Litigaiton Review (Edwards Angell Palmer & Dodge) (December 2008)
Update: Mass. Allows Arbitrators to Award $$ Sanctions to Remedy Discovery Abuse, in 61 Dispute Resolution Journal (American Arbitration Association) 8-9 (May-August 2006).
The Interpretation of Arbitration Clauses, in Arbitration of Complex Business Cases (MCLE 2006).
Arbitration Clause Checklist, in Arbitration of Complex Business Cases (MCLE 2006).
The Power of Arbitrators to Award Monetary Sanctions for Discovery Abuse in 60 Dispute Resolution Journal 60-69 (American Arbitration Association) (November 2005-January 2006).
International Arbitral Jurisdiction: When Taking Control Goes Out of Control in 58 Dispute Resolution Journal (American Arbitration Association) 66-77 (May-July 2003).
Trends In The Drafting Of International Commercial Arbitration Clauses Part II in Doing Business in the International Arena (Boston Bar Foundation 1998).
International Commercial Dispute Resolution: An Overview, Part II in Doing Business in the International Arena (Boston Bar Foundation, 1998). (Earlier Edition Published in 1992).
General Considerations Concerning the Drafting of Arbitration Clauses and Selection of Arbitrators in Commercial Arbitration (MCLE 1991).
Has Switzerland Solved its Problems as a Site for International Arbitration in 45 The Arbitration Journal 16 (1990).
Developments in ADR and Arbitration in the Resolution of Transnational Commercial Disputes in Current Trends in Alternative Dispute Resolution (MCLE 1990).
American Legal Developments in Commercial Arbitration Involving Foreign States and State Enterprises, Practicing Law Institute, New York (October, 1988), reprinted in VI Journal of International Arbitration 117 (Switzerland, March, 1989).
Recent Developments in International Commercial Arbitration -- An American Perspective, IV Journal of International Arbitration 7 (Switzerland, March, 1987); reprinted in 53 Arbitration 177 (England, August, 1987).
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Non-Arbitration Courses
2001 - 2009 Adjunct Professor of National Security Law at Boston University Law School.
2007 - Adjunct Professor of International Law of Business Transactions at the Fletcher School of Law and Diplomacy (at Tufts University).
1991 — Adjunct Professor of American Foreign Policy and International Banking at Boston University Law School (LLM Program).
1988 -- Adjunct Professor of National Security Law at Boston College Law School
1984 — Co-taught “Field Studies in Entrepreneurial Management” at Harvard Business School
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Non-Arbitration Publications
BOOKS
- Verification in an Age of Insecurity: The Future of Arms Control Compliance, Oxford University Press (2009).
- National Security and the Legal Process, Oxford University Press (2008) and edited Document Supplement.
BOOK CHAPTERS
- Legal Ways to Get out of a Contract -- Hot Topics (in publication of the same title) (MCLE 1990).
- The Development of International Law Governing the Military Use of Space, Chapter 7 in National Interests and the Use of Space (Durch, Ed.), Cambridge, Massachusetts, Ballinger Press, (August, 1984).
ARTICLES
National Security Law: Cybersecurity, The Year in Review (2018), Vol. 53 The International Lawyer (American Bar Association 2019)(pp.441-444)
Crossing the Line: The Law of War & Cyber Engagement -- The U.S. Position, Vol. 51 The International Lawyer (American Bar Association 2018)(pp.101-141)
America's Exit Strategy for Afghanistan is Flawed, The National Interest (May 14, 2018), https://nationalinterest.org/feature/america's-exit-strategy-afghanistan-flawed-25821?page=0%2C1
The Next Military Industrial Complex: Part Two -- Global Business and National Security, https://warontherocks.com/2017/12/next-military-industrial-complex-part-II-global-business-national-security/ (12/14/17)
The Next Military Industrial Complex: Part One -- Riding Venture Capital\\\'s Coattails, https://warontherocks.com/2017/11/next-military-industrial-complex-riding-venture-capitals-coattails (11/9/17)
National Security Law: Nonproliferation, The Year in Review (2011), Vol. 46 The International Lawyer, 435, 440-41 (American Bar Association 2012).
United States Countervailing Duty Law: Renewed, Revamped and Revisited -- Trade Act of 1974 in XVII B. C. Law Review 832 (1976).
FPC Summary Action in Natural Gas Pipeline Interim Curtailment Practice in XVII B. C. Law Review 266 (1976).
Legal Principles Governing Transfrontier Air Pollution in I B.C.J. International and Comparative Law 35 (1975).
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Other Academic Appointments
1989 — Adjunct Associate of the Center for International Affairs at Harvard University
1989 — Participant in National Security working group of the National Academy of Arts and Science on the Anti- Ballistic Missile Treaty
1983-86 — Adjunct Research Fellow at the Center for Science an International Affairs of the Kennedy School of Government at Harvard University
1982-1983 — Adjunct Associate of the Center for Science and International Affairs of the Kennedy School of Government at Harvard University
- Philip D. O'Neill
- poneillarb@gmail.com
- 617.513.6666