Nathan D. O'Malley

Partner, Los Angeles Office

PROFESSIONAL SUMMARY

Nathan O’Malley is a partner in the Firm’s Los Angeles office where he leads the International Litigation and Arbitration Practice Group. His experience as an international arbitration specialist includes handling joint venture, construction and engineering, conventional and renewable energy, manufacturing and distribution, as well as information technology disputes.

Mr. O’Malley frequently represents clients in arbitrations seated outside of California,  and has appeared before arbitral tribunals in Geneva, Zurich, Amsterdam, Brussels, The Hague, Frankfurt, Singapore, Abu Dhabi and Toronto. He has handled cases under most of the prominent arbitral rules, including those of the ICC, UNCITRAL, Stockholm Chamber of Commerce, Netherlands Arbitration Institute, Swiss Rules, American Arbitration Association (ICDR) and World Intellectual Property Organization. Mr. O’Malley also acts for clients in matters seated in the United States, and has argued before state and federal courts, including the California Courts of Appeal and the Ninth Circuit Court of Appeals in matters pertaining to international arbitration. In 2017 Mr. O’Malley successfully argued the matter of Portland General Electric v. Liberty Mutual Insurance Company et al.,862 F.3d 981 (9th Cir. 2017) on behalf of the amicus party, which was the first opinion of the Ninth Circuit to consider whether courts must defer to arbitrators on issues of arbitrability when the ICC Rules of Arbitration apply.

Reflecting his experience in the field, Mr. O’Malley has also been appointed as an international arbitrator (neutral) on multiple occasions by the Paris-based ICC International Court of Arbitration, the Permanent Court of Arbitration in The Hague, the AAA (ICDR) and is admitted to the roster of international arbitrators with the Korean Commercial Arbitration Board.

Mr. O’Malley also serves as an adjunct professor and as a member of the Advisory Committee for ADR Programs at the USC Gould School of Law. He has authored a number of law-journal articles on various topics concerning international contracts and arbitration, and has written a leading text on international arbitration procedure entitled, The Rules of Evidence in International Arbitration: An Annotated Guide (Routledge / Informa, London).

Mr. O'Malley reads German and speaks Dutch.

Speaking Engagements

  • Speaker, ICDR California International Arbitration Summit (2016) "Conflicts of Interest in International Arbitration and California Law"
  • Speaker, ICDR/LACBA Los Angeles International Arbitration Conference (2014) "Privilege and Confidentiality in International Arbitration"
  • Speaker, ICDR/LACBA Arbitration in the Pacific Rim (2013) “Emergency Arbitration under the ICDR Rules”
  • Speaker, ICC Young Arbitrator’s Forum – Paris (2013), “Witness Statements in International Arbitration”
  • Speaker, Asser Institute (2012), “The Lance Armstrong Case: International Sports Arbitration and Due Process”
  • Speaker,  EXPORTA  San  Francisco  International  Trade  Finance  Conference  (2012),  “International Commercial Dispute Resolution Update”
  • Instructor, Magna Charta Academie voor de Rechtspraktijk (2012), “International Contracting – Basic Principles”
  • Speaker, ICC Young Arbitrator’s Forum - The Hague (2012), “The Revised IBA Rules of Evidence”
  • Speaker,  National  Marine  Manufacturer’s  Association  (2012),  “International  Contracting  and  Risk Mitigation”

Recent Arbitrator Appointments

  • Appointed by the Permanent Court of Arbitration as the sole arbitrator in an UNCITRAL Rules arbitration seated in The Hague arising out of a World Bank financed infrastructure project in an African nation.
  • Appointed by the ICC International Court of Arbitration as the sole arbitrator in an ICC arbitration seated in The Hague arising out of a cross-border sale of goods contract.
  • A party-appointed arbitrator in a Dubai International Arbitration Centre arbitration seated in Dubai arising out of a dispute between two shareholders in a joint venture company.
  • Appointed by the Permanent Court of Arbitration as the sole arbitrator in an UNCITRAL Rules arbitration seated in The Hague between a general contractor and a sub-contractor on an infrastructure project in an African  nation.
  • Appointed by the ICC International Court of Arbitration as the sole arbitrator in an UNCITRAL Rules arbitration seated in Amsterdam arising out of an international professional services partnership.
  • Appointed by the ICC International Court of Arbitration in an ICC arbitration seated in Vienna arising out of a joint venture agreement.

Recent Cases

  • Representing a European distributor in an ICC arbitration in Singapore arising out of a dispute over defective products sold in the EU.
  • Representing a Cypriot construction company in an ICC arbitration seated in Abu Dhabi arising out of a sub-contract for the construction of a port facility in the Persian Gulf.
  • Representing a European licensor in a Netherlands Arbitration Institute arbitration in Brussels arising out of the termination of a license agreement.
  • Representing a European owner of a vessel in an  ICC arbitration seated in Zurich arising out of a charter-party agreement.
  • Representing a Cypriot specialty sub-contractor in an ICC arbitration in Geneva arising out of a port project in Qatar.
  • Representing a European specialty sub-contractor in an ICC arbitration in Geneva arising out of a power plant project in North America.
  • Representing a European software designer in a World Intellectual Property Organization (WIPO) arbitration seated in Geneva arising out of a joint venture agreement and related technology license.
  • Representing a North American distributor and shareholder of a joint venture in a multi-party dispute with a European manufacturer in a Netherlands Arbitration Institute arbitration seated in Rotterdam.

PUBLICATIONS

ARTICLES

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ADMISSIONS & PROFESSIONAL ASSOCIATIONS

  • State Bar of California
  • United States District Court, Central and Eastern Districts of California
  • California Bar Association
  • International Bar Association
  • Former Co-Chair of the Benelux Subcommittee of the USCIB/ICC Arbitration Committee
  • Former Chairman of Netherlands Chapter and Associate Member
  • Chartered Institute of Arbitrators
  • ICSID Review - Foreign Investment Law Journal, Peer Reviewer, June 2014 to present
  • International Centre for Dispute Resolution, Member of the Panel of Arbitrators, Starting November 2015
  • Korean Commercial Arbitration Board, Member of the Panel of International Arbitrators, Effective until May 31, 2020
  • USC Institute for Corporate Counsel, Member of the Advisory Board, Effective until 2019
  • California International Arbitration Council (CIAC) Board of Directors, Executive Committee Member