Conway & Partners - advocaten and attorneys at law

Nathan O'Malley focuses his practice on international arbitration and commercial contracting. As counsel, he has acted in numerous international commercial arbitrations seated in diverse jurisdictions throughout the EMEA region and North America. His experience as arbitration counsel includes handling matters brought  under the auspices of prominent arbitral institutions such as the International Chamber of Commerce (ICC), Stockholm Chamber of Commerce (SCC), Netherlands Arbitration Institute (NAI), and World Intellectual Property Organization (WIPO). He is also the author of the forthcoming book, Rules of Evidence in International Arbitration, An Annotated Guide, published by Informa as part of the Lloyd's Commercial Law Library.

In addition to his work as arbitration counsel, Nathan has been asked to serve as an arbitrator in matters seated in both the Middle East and Europe. Recently he was appointed as a sole arbitrator in multiple arbitrations administered by the Permanent Court of Arbitration, and as a sole arbitrator by the ICC Court of Arbitration. His experience as an arbitrator includes presiding in commercial disputes between private parties, as well as matters involving governmental entities.

Nathan's practice also includes non-contentious work, such as advice on the structuring, drafting, and negotiating of complex (international) commercial agreements. He served as European general counsel for a well known brand name company for a number of years in the IT sector where he was responsible for providing legal support to a wide range of international transactions. He is also regularly requested to provide legal support to clients involved in capital works construction projects in the EMEA region and advises manufacturers and distributors on various distribution frameworks and agreements.

Nathan is regularly asked to contribute to leading academic journals on the topic of international arbitration and commercial law, and is a regular guest lecturer at Erasmus University of Rotterdam on the topic of international arbitration procedure.

Recent Cases

Acting as co-counsel of record for a European marine contractor in a dispute with a Qatari subcontractor over claims arising out of a capital works project in the United Arab Emirates. The place of arbitration was Abu Dhabi, and the matter was subject to the law of the United Arab Emirates and the ICC Rules of Arbitration.

Acting as lead counsel on behalf of an American distributor and a seperate shareholder (joint claimants) regarding a dispute with a Netherlands manufacturer. By employing various pre-arbitration strategies, the claimants were able to secure an agreement for this multi-party arbitration to be fast-tracked under the rules of the NAI, with a final award rendered in a time span of 8 months from the date of referral to the arbitrator. The case involved claims in tort and contract law and was subject to Illinois and Netherlands law. The place of arbitration was Rotterdam, the Netherlands.   

Acting on behalf of a Netherlands construction firm in a dispute with a French general contractor over claims of delay and defect in regard to a power plant project. The arbitration was conducted under the ICC Rules of Arbitration and governed by the substantive law of the U.S. State of Mississippi. The place of arbitration was Geneva, Switzerland.

Acting as lead counsel on behalf of a Netherlands internet firm in a dispute with a Japanese party in regard to a technology license and failed joint venture. The arbitration was administered according to the WIPO arbitration rules and the place of arbitration was Geneva, Switzerland. The dispute was subject to the UNIDROIT Principles of International Commercial Contracts (UNIDROIT 2004).

Acting as lead counsel on behalf of a European, marine contruction sub-contractor regarding early termination from a port project in Taiwan. The seat of the arbitration was Zurich, Switzerland, and the dispute was administered under the auspices of the ICC Rules and governed by the Swiss Federal Code of Obligations.

Education

• California State University, Fresno, Bachelors Degree: History (1997)
• University of the Pacific, Mc George School of Law, Juris Doctor (2000)
• Erasmus University Rotterdam, LL.M. (International) Business and Trade Law (2001)

Languages

• English (Native Speaker)
• Dutch (Conversant)

Publications

Author, "Document Production Under Article 3 of the 2010 IBA Rules of Evidence",  International Arbitration Law Review, vol. 13, no. 5 (2010), pg. 186

Author, "An Annotated Commentary on the 2010 IBA Rules of Evidence", International Construction Law Review, vol. 27, no.4  (2010),  pg. 463 

Co-Author, "Amsterdam Court of Appeals enforces arbitral awards set aside at place of arbitration" IBA Arbitration News, vol. 14, no. 2 (Sept. 2009)

Co-Author,  Getting the Deal Through - Arbitration 2009: Netherlands Chapter, Law & Business Research.

Author, “The Procedural Rules Governing the Production of Documentary Evidence in International Arbitration – As Applied in Practice.” The Law and Practice of International Courts and Tribunals vol. 8, no. 1 (2009) 27-90.

Co-Author, Getting the Deal Through – Dispute Resolution 2008 & 2009: Netherlands Chapter, Law & Business Research

Co-Author, “The UNIDROIT Principles: Are they law?” Vindobona Journal of International Commercial Law and Arbitration. vol. 11 (2007).

Co-Author, “Document Discovery in International Arbitration – Getting the Documents You Need”, The Transnational Lawyer, vol. 18, no. 2, 2005. Revised and republished as, “Document Disclosure in International Construction Arbitration” Construction Law Journal, vol. 23, no.2 , 2007.

Co-Author, “Trends in International Distribution Agreements: USA and the Netherlands”, Nederlands Tijdschrift voor Handelsrecht, Jan. 2006.

Author, “Conducting Document Discovery in International Commercial Arbitration – A Practical Overview” The California International Law Journal vol. 15, no.1, 2007.

Author, "English Courts Force Mediation" Tijdschrift voor Mediation, vol. 4, 2002

Lectures & Presentations

• American Bar Association - International Law Section, Spring Meeting - New York, NY (2010). "Common Law Summary Judgement in International Arbitration"
• American Chamber of Commerce, Legal Committee, Rotterdam, the Nehterlands (March 2010). "Recent Developments in International Arbitration"
• American Bar Association - International Law Section, Fall Meeting - Miami, FL (USA) (2009), "Using American Discovery Techniques in Aid of Foreign Arbitrations or Litigation"
• Chartered Institute of Arbitrators - Dutch Chapter, (2008) "Arbitration and Dispute Resolution under the New FIDIC Gold Book"
• International Association of Medical Equipment Remarketers & Servicers Annual Convention, (2008) "Dispute Resolution Clauses for International Commercial Agreements" 
• Erasmus University, LL.M. Program (2007-present), Regular Guest Lecturer, "International Arbitration - Practice and Procedure" and the "Enforcement and Setting Aside of Awards"
• Utrecht University, LL.M. Program (2005-2007), Guest Lecturer, "Distribution and Agency" and "Letters of Credit & Guarantees"
• Erasmus University, (2005) Guest Lecturer, "Warranties in American Contract Law"