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McNeill, Mark S.

Mark S. McNeill

Partner

Mark McNeill is a partner in Shearman & Sterling’s International Arbitration Group.  He has fifteen years of experience representing companies and States in international arbitrations, both ad hoc and institutional, with a focus on international investment, construction, business combinations, intellectual property and technology cases.  He has handled disputes in the pharmaceutical, chemical, aviation, nuclear construction, energy, mining and reinsurance industries.

Before joining Shearman & Sterling’s international arbitration team 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.

Chambers Global notes that Mark McNeill "receives consistently positive market feedback".  In particular, clients have praised his pleading skills, stating that he is "very sharp", “uses just the right tone and words” and is “very talented."

 

Selected Experience

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 EUR 6.1 billion is at stake.
  • Cairn Energy PLC in an UNCITRAL arbitration against the Republic of India. The claims are brought under the UK-India bilateral investment treaty. The dispute relates to retrospective tax measures adopted by the Indian Government. Over USD 5.5 billion is at stake.
  • Electricité de France (EDF) as Claimant in an UNCITRAL arbitration against the Republic of Hungary. The dispute arose from termination of the Power Purchase Agreements put in place during the privatisation of the electricity sector. The claims were brought under the Energy Charter Treaty and the arbitration is conducted in accordance with UNCITRAL Rules. Hundreds of millions of US dollars were at stake.

Publications

  • “Investor-State Arbitration: Striking a Balance Between Investor Protections and States' Regulatory Imperatives," in Contemporary Issues in International Arbitration and Mediation - The Fordham Papers 2013, at 270 (A.W. Rovine ed., 2014)
  • “The Energy Charter Treaty,” in Arbitration under International Investment Agreements: An Analysis of the Key Jurisdictional and Procedural Issues 37 (K. Yannaca-Small ed., Oxford University Press, 2010) (with E. Gaillard)
  • “The Doctrine of Separability and Consent to Arbitrate,” 24(3) Arbitration International 475 (2008) (with B. Juratowitch)
  • “ICSID and Investor-State Arbitration Under Fire: The Rejection by Latin American States,” International Bar Association, Section of International Law, International Investment and Development Committee Newsletter, Vol. 1, Issue 1, at 3 (2008) (with M.N. Hodgson)

Speaking Engagements

  • Speaker, "Interpretation of Investment Treaties," Africa International Legal Awareness (AILA) Seminar on International Investment Law and Investor-State Arbitration (in French), Yaoundé, Cameroon, 16-19 December 2013
  • Speaker, "Bias in Investor-State Arbitration: Perception and Reality," Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, New York, 12 April 2013
  • Speaker, "Interpretation of Investment Treaties," Africa International Legal Awareness (AILA) Seminar on International Investment Law and Investor-State Arbitration (in French), Yaoundé, Cameroon, 16-19 December 2013
  • Speaker, "Bias in Investor-State Arbitration: Perception and Reality," Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, New York, 12 April 2013
  • Speaker, 3rd Singapore Conference on International Investment Arbitration, 12 December 2012
  • Speaker, "Alternative Dispute Resolution – An Overview," World Bank Debt Resolution Workshop, Paris, 30 October 2012
  • Speaker, "ICC Young Arbitrators' Forum, Paris, 23 April 2012
  • Moderator, "Developments in International Arbitration from the In-House Perspective," Joint CPR-Y-ADR event, 8 April 2012
  • Speaker, "Case Law on principles on which the UNCITRAL Model Law on Arbitration is based: Arbitration agreement and substantive claims before court," VIAC/UNCITRAL 2011 Conference, Vienna, 14-15 April 2011
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Education

  • 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

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