John J. Buckley, Jr.

Professional Overview

Independent Arbitrator based in New York and Washington, D.C. serving in national and international commercial disputes in administered, non-administered and ad hoc cases.

Employment History

Arbitrator

  • Independent Arbitrator, 2018-Present (separately from Williams & Connolly LLP)
  • Arbitrator through Williams & Connolly LLP, 1998-2017

Academic Appointments

  • Visiting Clinical Lecturer, Yale Law School, 2015-2020 (faculty-appointed lecturer teaching weekly seminar on advocacy in international arbitration)

Private Practice

  • Senior Counsel, Williams & Connolly LLP, 2018-Present
  • Partner, Williams & Connolly LLP, 1981-2017
  • Associate, Williams & Connolly LLP, 1977-1980

Government Service

  • Special Assistant to Hon. Edward H. Levi, Attorney General of the United States, U.S. Department of Justice, 1975-77

Judicial Clerkships

  • Law Clerk to Hon. Lewis F. Powell Jr., Associate Justice, Supreme Court of the United States, 1973-74
  • Law Clerk to Hon. John Minor Wisdom, Judge, U.S. Court of Appeals for the Fifth Circuit, 1972-73

Honors and Awards

CPR International Institute for Conflict Prevention and Resolution
CPR Institute Partner of the Year Award (2021), Inaugural Award Recipient for contributions to CPR Institute, thought leadership and alternative dispute resolution

Chartered Institute of Arbitrators (FCIArb) – Fellow

College of Commercial Arbitrators (FCCA) – Elected Fellow

American College of Trial Lawyers (FACTL) – Elected Fellow

American Law Institute – Elected Member

Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration,
since 2015

Washington, D.C. SuperLawyers – Alternative Dispute Resolution, since 2015

Hubbell AV Rating

Irish Legal 100 | Irish Voice

Arbitrator Rosters

American Arbitration Association (AAA)

  • Commercial Panel
  • Large Complex Case Panel
  • Energy Panel

International Centre for Dispute Resolution (ICDR)

  • International Panel of Arbitrators

CPR International Institute for Conflict Prevention & Resolution

  • National Panel of Distinguished Neutrals
  • New York City ADR Panel
  • Specialty panels for
    Energy, Oil & Gas
    Cross-Border Disputes
    Banking, Accounting and Financial Services

U.S.–Mexico–Canada Agreement (USMCA)

  • Dispute Settlement Roster, Arbitrator, Appointed by United States

Chartered Institute of Arbitrators

  • Database of Arbitrators

International Arbitration Institute (IAI), Paris, France

  • Roster of Arbitrators

International Chamber of Commerce (ICC)

  • ICC USA Database of Arbitrators

Global Arbitration Review (GAR)

  • Database of Arbitrators

Education

The University of Chicago Law School (J.D.), with honors, Order of the Coif, Editor-in-Chief of The University of Chicago Law Review

Georgetown University (B.A.), magna cum laude, Phi Beta Kappa

Bar Admissions

New York, 1973

District of Columbia, 1977

Nationality

United States

Language

English

Experience

Mr. Buckley’s cases have spanned many substantive areas of law, industries and countries. His cases usually involve complex, high-value disputes. Representative examples of his matters as Arbitrator and Counsel are set forth below.

Subject Matters

His experience includes the following subject matters:

Energy, oil & gas experience

  • Upstream/midstream/downstream, including exploration & production
  • Joint operating agreements
  • Farmout agreements
  • Participation agreements
  • Power generation
  • Cogeneration, gas and steam turbines
  • Rig rates for offshore exploration
  • Gas gathering agreements, gas processing, and pipelines
  • Hedging and marketing of supply and refined product
  • Refinery operation and valuation
  • Refinery turnaround
  • Product supply (take-or-pay)
  • LNG, gas price review/adjustment
  • Oil contracts, including futures
  • CPR’s national Energy, Oil and Gas Panel of Distinguished Neutrals
  • AAA National Energy Panel

Commercial contracts, including long-term supply contracts, sale of goods, U.C.C. Art. 

  • Broker-Dealer
  • Corporate law
  • Patents, including infringement, standard-essential patents, FRAND royalty rates, IP licensing
  • Biotechnology, medical devices, including manufacture, licensing, sales
  • Telecommunications, including smart phone technology
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  • Foreign and U.S. investment, including M&A, share purchase, shareholding agreements, joint venture, partnerships, business acquisitions
  • Civil engineering and construction
  • Private equity, hedge funds
  • Insurance
  • Joint Ventures
  • Partnerships
  • Corporate Mergers & Acquisitions
  • Medical devices
  • Commodities
  • Automotive
  • Product liability
  • RICO
  • Antitrust/Competition
  • Professional Sports
  • Business valuation
  • Expedited arbitration
  • International contracts
  • DCF Methodology
  • Financial transactions
  • Litigation finance
  • Derivatives, including futures, options, mortgage-backed securities, ISDA contracts
  • Torts, including fraud, misrepresentation, breach of fiduciary duty, intentional interference with contract
  • Professional liability, ethics, and malpractice
  • Bankruptcy
  • Investor-State, including expropriation, fair and equal treatment, full protection and security, investor-state disputes, sovereign immunity, international treaties, bilateral trade agreements, public international law

Representative Matters – Arbitrator

Mr. Buckley serves as arbitrator in disputes administered by arbitral institutions and in ad hoc cases. Examples of his experience as arbitrator include

  • Chair of arbitral tribunal in ICDR arbitration between major international energy companies in dispute over joint operating agreement, farmout agreement and participation agreement for concession to explore, exploit and sell hydrocarbons in region of South America (>$400 million in dispute),
  • Chair of arbitral tribunal in ad hoc arbitration under AAA Commercial Rules between major international oil & gas companies in dispute over use of offshore production facilities under joint operating agreement (>$150 million in dispute),
  • Chair of arbitral tribunal in ad hoc arbitration under AAA Commercial Rules between major international oil & gas companies in dispute over drilling rigs under joint operating agreement (> $200 million in dispute),
  • Chair of arbitral tribunal in CPR arbitration between Indian Nation and Indian Tribe in dispute over gaming device license. (>$20 million in dispute),
  • Chair of arbitral tribunal in CPR arbitration between U.S. companies in dispute over fees due under gas gathering agreement in Permian Basin ($160 million in dispute),
  • Co-arbitrator in ICC arbitration between major international petrochemical companies in dispute involving joint services agreement and ground lease relating to cogeneration, gas and steam turbines, and electrical and steam generation for petrochemical plant ($250 million in dispute),
  • Co-arbitrator in ICDR arbitration involving dispute over third-party funding agreement in relation to patent infringement claims (>$20 million in dispute),
  • Co-arbitrator in an ICC arbitration involving delivery of liquefied natural gas (LNG) in Europe under long-term purchase and supply contract and triggering of repricing provision in the event of material change in market conditions (>$6 billion in dispute), and
  • Co-arbitrator in ICDR arbitration between a U.S. company and a Norwegian company alleging breach of contract for manufacture and production of solar wafers.

Representative Matters -- Lead Counsel in Arbitrations

Mr. Buckley served as lead counsel in both investor-state and commercial arbitrations. Examples of his experience as lead counsel include

Investor-State Arbitrations

  • State in ICSID arbitration alleging violation of bilateral investment treaty in relation to investment in privatization agreement relating to coal mine
  • State in ICSID arbitration alleging violation of bilateral investment treaty in relation to telecom business, internet provider and news service
  • State in ICSID arbitration alleging violation of bilateral investment treaty in relation to outdoor billboard advertising contract
  • State in ICSID arbitration alleging violation of bilateral investment treaty in relation to investment in shopping center
  • State in U.S.D.C. action to recognize and enforce foreign arbitral award and pierce corporate veil
  • State in annulment action in ICSID arbitration

Commercial Arbitrations

  • U.S. company in ICC arbitration against South Korean company relating to development of assays for virus screening,
  • U.S. company in HKIAC arbitration against a Chinese company, involving alleged breach of contract for development and manufacture of hematology devices,
  • Brazilian company in ICC arbitration against Brazilian, French and other companies alleging breach of share purchase agreement for Brazilian company, one of Brazil’s largest electronics retailers,
  • South Korean technology company in ICC arbitration against a Finnish company involving valuation of patent portfolio for smart phone technology to extend license agreement involving products with billions of dollars in revenue,
  • Major U.S. law firm in ICC arbitration involving provision of legal services to a German company for handling regulatory matter involving LED technology in smart phones and other devices,
  • Mauritius private equity fund in an ICC arbitration against an Indian company, involving the validity and enforcement of shareholder and purchase agreements with regard to an Indian cellular communications company,
  • U.S. power engineering and construction firm in an ICC arbitration concerning the design, procurement and construction of a 105 MW electric power generation plant in Afghanistan, funded by the U.S. Government and involving claims of breach of contract,
  • French company in an ICC arbitration involving claims under a shareholders' agreement with regard to the ownership and operation of an oil refinery in Wilhelmshaven, Germany and related trading in refined products. Representation of same French company in subsequent ICC arbitration involving breach of fiduciary duty claims in connection with bankruptcy of German company, and
  • Kuwaiti logistics company in an ICC arbitration with a U.S. company involving a multi-billion-dollar contract with the U.S. Government to provide food and logistics services to military personnel in the Middle East.

Representative Matters -- Lead Counsel in Litigation

Mr. Buckley has represented a variety of companies and individuals in numerous litigations spanning many subject matters and areas of the law. Examples of his experience as lead counsel in litigation include

  • Insurance companies in litigation brought by pharmaceutical manufacturers regarding coverage under “occurrence” clause for claims involving exposure or delayed manifestation of injury,
  • Flour company in Clayton Act § 7 action alleging anticompetitive effects from merger transaction,
  • University, its medical center and physicians in a broad array of contractual, medical malpractice and other disputes as chief litigation counsel for over 25 years,
  • A national law firm and its partners in class action in other litigation arising out of former partner’s operation of a major Ponzi scheme,
  • Lawyers and law firms in multiple litigations involving allegations of professional malpractice and professional conduct violations over several decades,
  • Fortune 500 company, its directors and officers in ERISA litigation alleging breach of fiduciary duty in connection with administration of retirement plans and investment decisions,
  • Major energy company in litigation involving claims of breach in connection with contracts for the purchase, sale and exchange of oil products,
  • Natural gas company, a U.S. subsidiary of a French company, in litigation involving claims of fraud, breach of contract and usury in relation to patented invention for allegedly innovative technology for marine diesel engines,
  • Television broadcasting company in litigation brought by warrant holder requesting compensation due in relation to merger
  • Two U.S. energy companies in litigation by Canadian company alleging claims of breach of contract and promissory estoppel in connection with proposed acquisition of Canadian natural gas company,
  • Wine vintners association in connection with litigation involving mislabeling of alcoholic beverages,
  • Major League Baseball in litigation alleging breach of contract connection with sports cable network,
  • Foreign investor in litigation to enforce international arbitral award against award debtor,
  • State in litigation to deny enforcement of arbitral award based on theory of veil piercing and alter ego,
  • National passenger railroad in wrongful death and personal injury litigation arising out of derailment of passenger train into Mobile river,
  • Passengers, decedents’ estates, and families in wrongful death and personal injury litigation against national freight and passenger railroads in connection with collision between passenger and freight trains,
  • Fortune 50 company in litigation bankruptcy trustee of Lehman Bros. concerning farm and share repurchase agreement “loss” calculation under ISDA,
  • Law firm and partner in litigation alleging claims of legal malpractice breach of fiduciary duty, and fraud in connection with the development of real estate project,
  • Soybean processor, U.S. subsidiary on multinational company, in two litigations against Federal Government concerning eligibility for subsidies,
  • French company in litigation before Québec courts to annul partial award and confirm final award in relation to joint venture agreement concerning German oil refinery,
  • Author and publisher in defamation action relating to identification of alleged Soviet spy,
  • Automotive manufacture in multiple different lawsuits alleging personal injury and wrongful death in connection with defective automobiles, and
  • Hedge funds in litigation against banks and broker-dealers involving claims of wrongful margin call and liquidation of bond portfolio under ISDA contracts.

Other

Early in his career Mr. Buckley focused on criminal defense, successfully representing companies, corporate officers, and individuals in federal investigations and prosecutions relating to charges of mail and wire fraud, Hobbs Act violations, and other offenses.

He also testified as an expert witness in the English courts on the American-Anglo Extradition treaty in a prominent extradition matter.