Quinn emanuel trial lawyers

McNeill, Mark

Mark McNeill

Partner

  Biography

Mark McNeill is a partner in Quinn Emanuel’s International Arbitration practice.

For over two decades, Mark has acted as an advocate representing companies and States in numerous commercial and investment treaty arbitrations, including in matters involving intellectual property, technology, nuclear construction, pharmaceuticals, business combinations, oil & gas, taxation, mining, insurance and reinsurance. He also serves as an arbitrator and he lectures on international investment arbitration at Sciences Po Law School in Paris. He is admitted to practice in New York, Paris and England & Wales.

Before joining the firm, Mark 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).

Legal 500 notes that "Mark McNeill is absolutely top class, both in his strategic and subject matter advice, but also in his written work and advocacy". Chambers Global mentions that Mark "receives consistently positive feedback". In particular, clients have praised his advocacy skills, stating that he is "very sharp", "uses just the right tone and words" and is "very talented".

  Representative Clients

  • Cairn Energy PLC
  • Rasia FZE
  • Areva SA
  • Sanofi SA
  • Solvay SA
  • Alverley Investments Ltd

  Notable Representations

  • Alverley Investments Limited and Germen Properties Ltd, Claimants in an ICSID arbitration against Romania (ICSID Case No. ARB/18/30). The dispute relates to a multi-billion euro commercial and residential real estate project in northern Bucharest. The claims are brought under the Cyprus-Romania bilateral investment treaty.
  • Rasia FZE and Joseph K. Borkowski, Claimants in an ICSID arbitration brought against the Republic of Armenia under the U.S.-Armenia bilateral investment treaty and two concession agreements concluded with the State (ICSID Case No. ARB/18/28). The dispute arises out of two concession agreements to develop, maintain and operate both a rail network and a high speed road network in Southern Armenia. Over $260 million is at stake.
  • Cairn Energy PLC in a 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 $5.5 billion is at stake.
  • A French-German consortium, Claimant in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arose from an agreement for the construction of a nuclear power plant in Finland. Finnish law governed and the language of the proceedings was English. Over €6.1 billion was at stake.
  • A U.S. investor in an ICSID arbitration against a CIS State involving railway and road concessions.
  • Electricité de France (EDF), Claimant in a UNCITRAL arbitration against the Republic of Hungary. The dispute arose from termination of the Power Purchase Agreements put in place during the privatization of the electricity sector. The claims were brought under the Energy Charter Treaty.
  • A North American agribusiness company, Respondent in an ICC arbitration initiated by European agribusiness companies. The dispute related to the parties’ rights of use with respect to proprietary biotechnology. French law applied.
  • A European pharmaceutical company, Claimant in an ICC arbitration in Paris against three subsidiaries of a global health care company. The dispute arose from a Manufacturing Right Purchase and License Agreement. French law applied.
  • 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 arose from a joint venture agreement formed to manufacture a product used for the production of nylon. French law applied.
  • A European aviation company, 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.
  • The majority shareholders in the former Yukos Oil Company, Claimants in a series of three UNCITRAL arbitrations in The Hague against the Russian Federation in relation to the expropriation of their investment in the company. The claims were brought under the Energy Charter Treaty. The Tribunal ordered the Russian Federation to pay over $50 billion in damages to our clients, the largest award ever rendered by an arbitral tribunal. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs.
  • The United States in several arbitrations under Chapter Eleven of the NAFTA, including Methanex Corp. v. United States of America ($970 million claim challenging California’s regulations banning a gasoline additive); Glamis Gold Ltd. v. United States of America ($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 $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, Respondent and 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.

  Education

  • New York University School of Law
  • (J.D., 1998)
    • Journal of International Law & Politics:
      • Editor-in-Chief

  • The Johns Hopkins University
  • (M.A., International Law & Economics, 1995)

  • Colgate University
  • (B.A., English Language and Literature/Letters, 1989)

  Admissions

The State Bar of New York; Avocat à la Cour, Paris; Solicitor, England and Wales (with Higher Rights of Audience); United States Court of Appeals: Second Circuit; United States District Court: Southern District of New York, Eastern District of New York

  Languages

  • Japanese
  • French

  Prior Associations

  • Shearman & Sterling:
    • Partner, 2010-2019
    • Counsel, 2007-2009

  • Office of the Legal Adviser – United States Department of State:
    • Attorney-Adviser, , International Claims and Investments Disputes, 2003-2006

Publications and Lectures

  • “The Energy Charter Treaty,” in Arbitration under International Investment Agreements: A Guide to the Key Issues 31 (K. Yannaca-Small ed., OUP, 2nd ed. 2018) (with E. Gaillard)
  • “Investor-State Arbitration: Striking a Balance Between Investor Protections and States’ Regulatory Imperatives,” in Contemporary Issues in International Arbitration and Mediation – The Fordham Papers2013, at 270 (A.W. Rovine ed., 2014)
  • “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)

Professional Activities

  • Lecturer, International Investment Law, Sciences Po Law School
  • Faculty, Chartered Institute of Arbitrators (CIArb)
  • Panel of Distinguished Neutrals, CPR Institute for Dispute Resolution
  • Fellow, American Bar Foundation (ABF)
  • Advisory Board Member, Institute for Transnational Arbitration (ITA)
  • Member, CPR European Advisory Board
  • Member, British Institute of International and Comparative Law (BIICL) Investment Treaty Forum
  • Member, American Society of International Law (ASIL)
  • Member, London Court of International Arbitration (LCIA)
  • Member, International Arbitration Institute (IAI)
  • Member, International Bar Association (IBA)