Nathan D. O'Malley

Partner

1880 Century Park East, Suite 1200
Los Angeles, California 90067

Phone: (310) 552-3400
Fax: (310) 552-0805
Email: nomalley@ggltsw.com
Professional Experience

Nathan O’Malley joined Gibbs Giden in 2013 to lead the International Business and Dispute Resolution practice group. A recognized international arbitration practitioner, Mr. O'Malley brings to the firm extensive experience representing clients in transactions and disputes throughout Europe, the Middle East, Asia and Africa. Prior to joining Gibbs Giden, Mr. O'Malley practiced for eleven years in Europe. 

In his arbitration practice Mr. O'Malley represents clients in the distribution, energy, construction and technology/media sectors. He has acted in a wide range of matters including disputes arising out of infrastructure mega-projects in the Persian Gulf, intellectual property licenses between US and Asian parties and master distribution agreements covering Europe and the Middle East. He is the author of a leading treatise on international arbitration procedure entitled The Rules of Evidence in International Arbitration: an Annotated Guide (Informa, 2012) and has acted in cases seated in a number of key jurisdictions such as Geneva, Singapore, London and Abu Dhabi. Additionally, he has been appointed on multiple occasions to act as an international arbitrator, in particular in cases administered by the ICC International Court of Arbitration in Paris and the Permanent Court of Arbitration in The Hague. 

Clients also refer to Mr. O'Malley for assistance with the structuring and drafting of international commercial agreements. His practical experience of working in foreign jurisdictions is often found invaluable by clients engaged in cross-border business. Mr. O'Malley has particular experience in international industrial and infrastructure projects, working with EPC contractors and specialty sub-contractors in preparing their project agreements, as well as in structuring complex distribution frameworks extending over multiple jurisdictions and intellectual property licenses. He also assists clients seeking to form joint ventures and other forms of cooperation with foreign partners. Mr. O'Malley speaks Dutch and reads German.
 
SPEAKING ENGAGEMENTS:
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”

Speaker, Los Angeles County Bar Association & ABA Meeting (2011), “Rules of Evidence in International Arbitration”

Speaker, American Bar Association - International Section, Washington DC Meeting (2011), “The Revised IBA Rules of Evidence”

Moderator, American Bar Association - International Law Section, Spring Meeting - New York, NY (2010). "Common Law Summary Judgement in International Arbitration"

Speaker, American Chamber of Commerce in the Netherlands - Legal Committee (2010). "Recent Developments in International Arbitration"

Speaker, American Bar Association - International Law Section, Fall Meeting - Miami, FL (2009), "Using American Discovery Techniques in Aid of Foreign Arbitrations or Litigation"

Speaker, Chartered Institute of Arbitrators - Dutch Chapter, (2008) "Arbitration and Dispute Resolution under the New FIDIC Gold Book"

Speaker, International Association of Medical Equipment Remarketers & Servicers Annual Convention, (2008) "Dispute Resolution Clauses for International Commercial Agreements"

Guest Lecturer, Erasmus University, LL.M. Program (2007-present), "International Arbitration - Practice and Procedure" and the "Enforcement and Setting Aside of Awards"

Guest Lecturer, Utrecht University, LL.M. Program (2005-2007), Guest Lecturer, "Distribution and Agency" and "Letters of Credit & Guarantees" 

CERTIFICATIONS/SPECIALTIES
International Business & Trade Law (Master in Law) LL.M., 2001

PUBLICATIONS
Treatise
Author, “Rules of Evidence in International Arbitration: An Annotated Guide”, Lloyd’s Commercial Law Library, Informa Law, London, 2012.

Articles
Co-Author "U.S. Discovery in Aid of International Arbitration" Journal of International Arbitration, vol 31, no.1 (2014) p 112.

Author "Internationally Known - The IBA Rules of Evidence" The Los Angeles Lawyer, February (2014) 

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

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 (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).

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, no.1 (2007).

Co-Author, “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).

RECENT CASES 
Representing a European distributor in an ICC arbitration in Singapore arising out of dispute over defective products sold in the EU under a manufacturing and distribution agreement.

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.

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 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 steel 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.

Practice Areas

International Commercial Law
Private International Law & Conflicts of Law
International Arbitration and Litigation, and Construction Law

Education

Erasmus University of Rotterdam, International Business & Trade Law LL.M., 2001

University of the Pacific, McGeorge School of Law, J.D., 2000

California State University, Fresno, Bachelors (History), 1997

Professional Memberships/Certifications

California Bar Association
International Bar Association
Fmr. Co-Chair of the Benelux Subcommittee of the USCIB/ICC Arbitration Committee
Fmr. Chairman of Netherlands Chapter and Associate Member
– Chartered Institute of Arbitrators

Bar Admissions

California Bar No. 212193, 2001

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