Conway & Partners -

Shawn Conway

Partner

Shawn Conway has practiced law over 35 years; more than 30 years in the Netherlands following five years in the United States. He is admitted to the Bar in the United States (District of Columbia and Illinois) as well as the Netherlands (Rotterdam). Mr. Conway serves on the ICC Commission on Arbitration and ADR. He is a founder and Board Member of the Court of Arbitration for Art. He has served on the Board of the Chartered Institute of Arbitrators. He is a founder of both the International Mediation Institute (IMI) and the Netherlands Mediation Institute (NMI) and served as a board member of each. He has also served as a Board Member and Honorary Secretary of the American Chamber of Commerce in the Netherlands and on the AmCham Legal Committee since 1989. He is ranked a Top Commercial Arbitration Practicioner in The Netherlands by Expert Guids (2020) as well as listed in Who's Who Legal in the Construction field (2020).


Mr. Conway’s practice encompasses (international) arbitration, litigation, and alternative dispute resolution as well as (international) commercial transactions (including joint ventures, construction projects, trade, distribution, licensing and agency). He represents and advises manufacturers, construction project owners, engineering firms, contractors, consultants and suppliers in (among others) the petrochemical, telecom, energy, offshore, manufacturing, consumer and industrial electronics and software industries.


He is currently serving as arbitrator on cases out of China, the United States, Europe, Mongolia, South Africa, Israel, and Romania. His experience encompasses every corner of the world.


Mr. Conway has extensive experience in international arbitrations around the world under various institutional rules (including ICC, NAI, AAA, ICDR, UNCITRAL, LCIA, LMAA, WIPO, and other regional institutes) as well as ad hoc arbitrations. He is a listed Arbitrator at the International Center for Dispute Resolution / American Arbitration Association, the Netherlands Arbitration Institute, and US Council for International Business (ICC) as well as a Fellow of the Chartered Institute of Arbitrators (UK).


He is also regularly engaged as a mediator in international disputes. He is certified as a Mediator with the International Mediation Institute, having previously qualified as Mediator for the Netherlands Mediation Institute, the Centre for Effective Dispute Resolution (UK), the ADR Centre for Commerce and Industry (Netherlands), and the Rotterdam District Court.


Due to his dual qualifications under U.S. and Dutch law, Mr. Conway is regularly engaged by multinational and international companies with respect to their international transactions and disputes. His practice experience over the past 30 years has involved matters in all parts of the world. He publishes regularly in professional journals and has been and is a guest lecturer at a number of law schools.


Affiliations
• Member, ICC Commission on Arbitration and ADR (Paris).

• Board Member, Court of Arbitration for Art.

• Board Member, International Mediation Institute (2010-2019).

• Board Member and Secretary, American Chamber of Commerce of The Netherlands (1998-2008).

• Vice - Chair, Chartered Institute of Arbitrators - European Branch (2003-2012).

• Former Chair, Practice and Standards Committee, Chartered Institute of Arbitrators.

• Board Member, Netherlands Mediation Institute (1995-2009).

• Member of the panel of international arbitrators for the International Centre for Dispute Resolution (AAA).

• Member of the Netherlands Arbitration Institute panel of arbitrators.

• Advisory Counsel, Erasmus Universiteit van Rotterdam, International LL.M. Program.

 

Arbitration and Mediation

International Arbitrator: Serving as Chairman, Sole arbitrator  or Arbitrator in a wide variety of (international) disputes between parties the Americas, Europe, Asia, and Africa in various industrial sectors, including oil & gas, energy generation, process engineering, manufacturing, construction, project development, licensing, IP, ITC, franchising and distribution under UNCITRAL and diverse international institutional arbitration rules.

Arbitrator in LMAA dispute between Ghanaian parties: London Maritime Arbitration Association proceeding between a port operator and services provider under three services agreements.

ICC Mediator on International Banking Software Development Project: Mediation under new ICC Mediation Rules between Swiss and Irish parties under multiple bespoke software development contracts.

International Mediator: Facilitating mediated settlements in a variety of other international business disputes and transactions. See International Mediation Institute Mediator profile: https://imimediation.org/shawn-conway

Various ICC arbitrations on Middle East and Asian projects: Acting for an international dredging company in a variety of disputes on projects in Dubai, Abu Dhabi, and Qatar, as well as South East Asia.

Landmark ECJ decision on Competition Law in Arbitration: Acting on behalf of a fashion watch manufacturer as counsel in two arbitrations between the manufacturer-licensee and Benetton International as licensor under the rules of the NAI. These matters also involved more than ten related court proceedings arising out of the opponent's unsuccessful attacks against a final arbitral award, including two Dutch Supreme Court decisions and the European Court of Justice landmark decision concerning the treatment of EU competition law in international commercial arbitration, Eco Swiss China Time Ltd. v. Benetton International N.V., ECJ case 126 / 97.

WIPO arbitration over a failed technology joint venture: Representing a Netherlands internet technology company in a dispute with its Japanese partner.

ADR Chambers International Arbitration (Toronto): Representing a Quebec-based manufacturer in an arbitration against a major Brazilian mining firm in connection with the construction of its new  Newfoundland and Labrador nickel ore processing facility.

Executive Tribunal Procedure between Major Oil and Chemicals Companies: Successful one-day resolution procedures resulting in neutral moderated settlement.

Industrial and Infrastructure Projects

Bespoke Greenfield EPC Contract for Refinery Owner (Rotterdam): Drafting tailor-made EPC contract suitable for  billion Euro  project financing as part of project tender package.

Various Airport expansion and revamp projects: Tenders, contract drafting, and negotiation for integrated baggage handling systems, technology licenses, joint ventures and consortiums involving Paris Charles De Gaulle, Heathrow, Hong Kong, Amsterdam Schiphol, and various other airports.

Process Industry

Process Technology License for refining Jet Fuels (USA – NL): Negotiating multiple technology licenses from US oil companies and technology firms for application at a European refinery.

Plastic Recycling to Fuel Oil: Preparing technology licensing arrangements for EPC construction and operation of recycling/processing facility.

Slaughterhouse Wastewater Treatment (Mexico): Chairman of international arbitration tribunal in dispute between turnkey contractor and supplier of process equipment.

Manufacturing & Trade

Structuring Joint R&D Arrangements (France): Drafting of sensitive contractual terms compliant with European competition rules between potential competitors.

Halting Trademark Infringement by former distributor (USA): Forcing terminated distributor to cease-and-desist use of European manufacturer’s trademarks and trade names on website and in metatags.

Dispute between Middle Eastern Chemical company and European Tank supplier: Claim for clean-up costs as a result of leakage from defective tank.

Drafting and  advising on distribution contract:  Renegotiation of relationship between South American banana producer and its European importer-distributor.

Contracting

Tendering and contract advice: On numerous international tenders throughout Europe, the Middle East, Asia, North and South America for a large number companies internationally active in on-shore and offshore construction, dredging, telecom, waterways, land reclamation, ports, and other infrastructure projects.

Drafting Model Project Development contracts: As well as advising a Caribbean  airport development authority on Airport City Master Plan.

Participation Buy-in by Chinese Company: Structuring and drafting various acquisition, corporate governance, shareholder and as the documents as well as provision of articles of Association for the purchase of a minority interest in a Netherlands company, with an eye towards eventual full takeover.

Acquisition of US Consumer Goods Manufacturer: Overall guidance, legal due diligence, and contract drafting for the full acquisition (asset deal) of a US – based business by a Netherlands competitor.

Post take-over dispute (US-NL): Representation and guidance of the new owner of a company in a post take-over dispute with the former owners.

Sale of factory production line along with Technology License (NL-Germany): Asset Purchase transactionperformance guarantees and post-installation technical support.

Chinese – Dutch – Belgian Tri-partite Joint Venture: Drafting the joint venture documents as well as various ancillary trademark licensing, OEM manufacturing, technical cooperation and other agreements.

Research & Development: Advising and contract drafting for a construction company entering in a cooperation in the area of research & development.

Arbitrage, Bindend Advies, of Rechtspraak / S.C. Conway & S.N.J. Putter, Tijdschrift voor Conflicthantering, 2019-4, p.10. Download PDF

Herziening van het 1976 UNCITRAL Arbitragereglement / S.C. Conway, Tijdschrift voor Arbitrage 2011, nr. 1.

Het NMI Mediation Reglement 2008: Tekst en Toelichting/ S.C. Conway, ISBN 978 90 12 38121 5, 124 pages, Sdu Publishers, The Hague (2008). Download PDF

Document Disclosure in International Construction Arbitration / S.C. Conway, Construction Law Journal, Vol. 23 p 105 (2007). Download PDF

Contract Interpretation in the USA: a Practical Overview / S.C. Conway, Nederlands Tijdschrift voor Handelsrecht (2005).

Document Discovery in International Arbitration – Getting the Documents You Need / S.C. Conway, The Transnational Lawyer, Vol. 18, 2005 p. 371. Download PDF

The Proposed EU Directive on certain aspects of Mediation in civil and commercial matters. / S.C. Conway –In Tijdschrift voor Mediation, 2005. Download PDF

Court-Annexed Mediation Launched Nationwide / S.C. Conway– In IBA Mediation Newsletter Vol. 1, no. 3, December 2005, p. 33.

The UNCITRAL Model Law on International Conciliation / S.C. Conway – In: Tijdschrift voor Mediation 4, 2004 p.96. Download PDF

Uniform Mediation Act (U.S.A.) / S.C. Conway – In: Tijdschrift voor Mediation 1, 2003 p. 6. Download PDF

Samenvoeging van Arbitrages / S.C. Conway – In: Onderneming & Financiering, 2002 p. 88.

Geschillen Oplossen Buiten de Rechtbank / S.C. Conway - In: Energiebeurs Bulletin (2000).

Compulsory Disclosure of Evidence in the United States and The Netherlands / S.C. Conway - In: Comparative Law Yearbook of International Business (1998). Download PDF

Telephonic Mediation: a solution of last resort? / S.C. Conway - In: Tijdschrift voor Mediation 4, 1997 p. 72.

Professionaliteit in Mediation: het NMI-Mediation-Reglement en de NMI-Gedragsregels / S.C. Conway - In: Tijdschrift voor Mediation 1, 1997.

Litigation/ADR Methods / S.C. Conway (co-author of chapter on The Netherlands) - In: Comparative Law Yearbook of International Business (1994).

Update on Foreign Investment Regulations in the U.S. / S.C. Conway - In: International Company and Commercial Law Review 4, 1990 p. 92.

Getuigenbewijs in Amerikaanse Procedures / S.C. Conway - In: Advocatenblad 8, 1989 p. 218.

Young ICCA-PCA Peace Palace Seminar, The Practice of Arbitrating in Arab Countries: Avoiding Procedural Pitfalls, The Hague (2015). Download PDF

Dutch Arbitration Association Annual Conference, The Future of Construction Arbitration, Amsterdam (2014)

NIDV Conference (Netherlands Industries for Defence and Security), International Defense Contracting, Leusden (2014)

World Conference Chartered Institute of Arbitrators, Expert Determinations, Edinburgh (2012)

American Bar Association Conference, Enforcement of Foreign Arbitral Awards and Court Judgments, Dubpn (2011)

Chartered Institute of Arbitrators, Implementation of the EU Mediation Directive, Paris (2011)

IIR Conferences, Successful Contract Management, Rotterdam (2010)

Corporate In-house Counsel Dispute Resolution Strategies Conference, Mock Mediation Workshop, Amsterdam (2010)

Chartered Institute of Arbitrators, Implementation of the EU Mediation Directive, Paris (2011)

IIR Conferences, Successful Contract Management, Rotterdam (2010)

Corporate In-house Counsel Dispute Resolution Strategies Conference, Mock Mediation Workshop, Amsterdam (2010)

Chartered Institute of Arbitration, Modern Dispute Resolution in the Netherlands, The Hague (2008)

Atradius DSB Seminar, Amsterdam: Internationale arbitrage (2007)

EU Parpament, Expert Testimony on EU Mediation Directive before Committee on Legal Affairs (2007)

Nordic Alternative Investment Forum, Stockholm: Investor Protection in the Netherlands (2006)

Heidelberg Center for International ptigation/ADR: Interfaces between Mediation and Arbitration (2004)

IIR Conference, Amsterdam Schiphol: Incentive Contracts for Construction Projects (2001)

NCM Course, Amsterdam: The New FIDIC Contracts (2001)

Energy Contracting 2000, The Hague: Dispute Avoidance & Resolution (2000).

Kamer van Koophandel Seminar, Rotterdam: Practical apppcation of Mediation (1999)

CILS Seminar, Colorado, U.S.A.: Competition Law in European Arbitration (1999)

Lex Mundi Annual Meeting, Vancouver: Discovery in International Arbitrations (1998)

RTL TV 5, De kwestie: V.S. Jury System (1997)

Mediation Symposium, Amsterdam: Mediation and A.D.R. (1997)

IIMOR Symposium, The Hague: Cultural aspects in International Negotiations (1997)

FENEDEX Studiedag, The Hague: American Product pabipty (1996)

Chartered Institute of Arbitrators, London: Challenges to International Arbitration Awards (1996)

TRETT Seminar, Rotterdam: ptigation/ADR in International Contracts (1995)

EUROFORUM Cursus, Geldrop: Drafting International Construction Contracts (1991)

Pals Conference, Helsinki: Soviet Joint Ventures (1991)

Practice areas

International arbitration
Industrial projects
Process industry
Manufacturing & trade
Infrastructure
Contracting

Admissions

Washington D.C. (USA)
Illinois (USA)
The Netherlands

Education

Erasmus University Rotterdam, Master in Dutch law (1997)

University of Notre Dame, USA, Juris Doctor (magna cum laude) (1982)

University of Northern Illinois, Bachelor of Arts (summa cum laude) (1979)

Instituto San Francisco, Honduras, Bachiller en Ciencias y Letras (1975)

Languages

English
Dutch
Spanish