Cecilia O´Neill

Practice Areas

Arbitrator in approximately 150 arbitral proceedings, completed and pending, domestic and international (since 2009), in the ICC International Court of Arbitration, the Arbitration Center of Mexico, the Madrid International Arbitration Center, the Arbitration Center of the Lima Chamber of Commerce, the Arbitration Center of the American Chamber of Commerce of Peru – AMCHAM and the Arbitration Center of the Pontifical Catholic University of Peru (PUCP).

In 47% of the proceedings Cecilia O’Neill has chaired the Tribunal or has served as Sole Arbitrator, and in 53% has served as co-arbitrator.

56% of the cases dealt with contractual, commercial and corporate matters of various kinds, such as contracts for the sale of goods and business assets, shareholder agreements, contracts for the provision of services, employment contracts, and matters related to the generation and transmission of electricity, among others.

44% of the cases have related to contracts entered into with the State, in which: (i) public procurement rules were applicable for contracts for the construction of infrastructure and the provision of services; and (ii) the rules of public-private partnerships, linked to concession contracts for roads, telecommunications and ports, were applicable.

Cecilia O'Neill is legal expert in regards to the application of Peruvian Law in international contracts.

Career

O’Neill Arbitraje (since 2022). Arbitrator and legal expert.

Universidad Carlos III de Madrid (since 2023). Professor of the Department of Commercial Law.

Universidad del Pacífico (2010 to 2022). Dean, vice Dean and Head of the Academic Department of Law. Professor of Civil Law, and Film and Law.

Sole practitioner (2010-2022). Arbitrator and legal expert.

Estudio Rodrigo, Elías & Medrano Abogados Law Firm (2006 to 2010).

Estudio Jorge Avendaño V. Abogados Law Firm (1995 to 2006).

Pontifical Catholic University of Perú. Professor of Civil Law (1995-2010).

Professional Memberships

Member of the Council of the Institute of World Business Law of the International Chamber of Commerce of Paris – ICC (since 2023).

Delegate of Peru to the Commission on Arbitration and Alternative Dispute Resolution (ADR) of the International Chamber of Commerce of Paris – ICC (2022 - 2024).

Member of the International Court of Arbitration of the American Chamber of Commerce of Peru – AMCHAM (since 2020).

Member of the Steering Committee of the Peruvian Chapter of the Spanish and Ibero-American Arbitration Club - CEIA (Club Español e Iberoamericano de Arbitraje) (since 2019).

Member of the Lima Bar Association (since 1997).

Publications

"The sky of legal concepts versus the solution to practical problems. Regarding the estoppel doctrine". Published in THEMIS, Journal edited by PUCP Law Students, N° 51. Lima, 2005.

"There are no unfair clauses but poorly informed (or not read). How far to regulate mass hiring?". Published in Homenaje a Felipe Osterling (Homage to Felipe Osterling) (three volumes), edited by Palestra. Lima, 2008. ISBN: 978-9972-224-92-8.

"From Privatizations to Public-Private Partnerships”. Published in Ius et Veritas, Journal edited by PUCP Law Students, N° 37. Lima, 2008.

“Public-Private Partnerships: the good, the bad and the ugly”. Published in the Journal of Regulation in Transport Infrastructure, edited by OSITRAN, N° 3. Lima: 2009.

Chapter of the book: “Standard Legal Relations". Published in: “Comments on the Peruvian Arbitration Law”. Peruvian Institute of Arbitration, Lima, 2011. ISBN: 978-612-45951-0-3.

Edition of the book: The Law goes to the Movies. Intersection between the artistic vision and the legal vision of social problems. Fondo Editorial de la Universidad del Pacífico. Lima, 2013. ISBN 978-9972-57-219-7.

"The Strategy of the Snail. Can ownership be unfair?". Published in: “The Law goes to the Movies. Intersection between the artistic vision and the legal vision of social problems”. Fondo Editorial de la Universidad del Pacífico. Lima, 2013. ISBN 978-9972-57-219-7.

"Legal paternalism and healthy eating". In: “Junk Food, State and Market”. Editors: Matilde Schwalb and Cynthia Sanborn. Fondo Editorial de la Universidad del Pacífico. Lima, 2013. ISBN: 978-9972-57-267-8.

Book edition: “Essays on Financial Contract Law”. Editors: Freddy Escobar Rozas and Cecilia O'Neill de la Fuente. Fondo Editorial de la Universidad del Pacífico. Lima, 2013. ISBN: 978-9972-57-266-1.

"'Arbitration in consumer relations' and 'consumer arbitration'. Sounds the same but it is not the same". Published in: “Domestic Arbitration. Past, present and future. Book Homage to Bernardo Cremades and Yves Derains”. Peruvian Institute of Arbitration. Lima, 2013.

"Effective collaboration and free competition: INDECOPI caught in the prisoner's dilemma". In: Forseti, Journal edited by Universidad del Pacífico Law School Students, N° 1. Lima, 2013.

"Institutional reforms to promote private investment through Public-Private Partnerships – PPPs". Research Center of Universidad del Pacifico. Co-authors: Julio Aguirre and Cecilia O'Neill. Lima, 2014.

"The right to equal treatment in the appointment of arbitrators". Published in: “Current Panorama of Arbitration”. Edited by Thompson Reuters, Asociación Civil THEMIS and Estudio Mario Castillo Freyre S.C.R.L. Lima, 2015. ISBN: 978-612-4293-09-2.

“The penalty clause. Should it serve to protect the debtor from his own decisions?". Published in the book “Topics of the Law of Obligations”, published by the Editorial Fund of Universidad Privada de Ciencias Aplicadas - UPC. Lima, 2016.

"Born to live dying? The manifest nullity of the arbitration agreement". Published in the Journal Advocatus, edited by students of the School of Law of Universidad de Lima. Lima, 2016.

"Not all that glitters is gold: appearance of the right and protection of third parties in good faith". Published in THEMIS, Journal edited by PUCP Law Students, N° 51. Lima, 2017.

"Main features of arbitration in Peru". In: ILSA Journal of International and Comparative Law, 2017.

"On Gods and Judges”. Revista Herencia Vol. 1, N° 30, January-June 2017.

Book edition: "Rethinking the Rules of the Game". Editors: Ronnie Farfán, Santiago Mariani and Cecilia O'Neill. Fondo Editorial de la Universidad del Pacífico. Lima, 2018. ISBN: 978-9972-57-403-0.

"The Prague Rules. A cause for alarm?”. Published in Spain Arbitration Review, Revista del Club Español del Arbitraje. ISSN 1888-4377, Nº 36, 2019, pp. 9-16.

"Arbitration and constitutional control of awards in Peru". Published in Revista ALARB – Latin American Arbitration Association. Vol. 1, 2020, pp. 293-319.

"Arbitration and third parties entitled to challenge of corporate agreements in Peru". Published in THEMIS, Revista de Derecho, edited by students of the School of Law the Pontifical Catholic University of Peru, Nº 77, Lima, 2020.

Book chapter: “October: is 'usury' a cuss word?". Published in: “Giving Thought to Money”. Fondo Editorial de la Universidad del Pacífico. Lima, 2021. ISBN ebook: 978-9972-57-460-3.

"Brief notes on precautionary measures in Peruvian arbitration and analysis comparative with civil process". Published in Revista ALARB – Latin American Arbitration Association. Vol. 3, 2024, pp. 25-45.

Personal

Reading, diving, travelling, playing the piano.

Expert in these Jurisdictions

Peru, Spain, Mexico, France.

Languages Spoken

Spanish, English, Italian.

Industry Sector Expertise

Contractual/ Corporate

Matters regarding investment commitments on an agro-industrial project; for the subscription of share quotas of an investment fund; for the purchase-sale of a company in the electricity sector; for the transfer of broadcasting rights for professional football matches; for the creation of a right of way and of easement for an electroduct in favor of a mining company; for the operation of an airport; for the repair of industrial infrastructure; for the supply of chemical products to a fishing company; for the construction of communications infrastructure sites; for surface rights and assignment of contractual position regarding the operation of shopping malls; for the conduct of a delinquent account management business; for the carriage of cargo by sea; for the pre-investment study at the feasibility level of an infrastructure project; for maintenance provided to a state-owned drinking water and sewerage company; for security provided to a state entity; among others.

Gas, oil and energy

Matters involving the Economic Operation Committee of the National Power Grid (Comité de Operación Económica del Sistema Interconectado Nacional - COES), of the Peruvian electricity system, with various power generation companies, regarding events related to generation deficits, valuations of active energy and power transfer, and the calculation of short-term marginal costs, among others. Contracts regarding hydrocarbon exploration and exploitation operation; for the provision of electricity transmission services to an oil refinery; for the verification and analysis services of the purchase and sale of Liquefied Petroleum Gas (LPG) for the management of the assets of the concession of Gasoducto Sur Peruano; among others.

Regulation and PPPs

Concession agreements for the Callao Port Terminal (North Pier) in relation to service levels and productivity; for the Provision of Carrier Service, Local Telephone Service and National and International Long-Distance Service; regarding the framework of the National Fiber Optic Dorsal Network Project; for the Electric Mass Transport System for Lima and Callao, Line 1; for the design, financing, construction, equipping and operation of the Lima Metro; regarding the Peru-Brazil Interoceanic Corridor; in relation to airport infrastructure; among others.

Construction

Extensions of term and recognition of overheads regarding various road construction contracts, signed by the authority on Transport Infrastructure; extensions of term and payment of overheads related to the construction of a hydroelectric power plant; among others.

Work Highlights

Analysis of (e.g.):

Shareholder’s agreement regarding an investment in real estate assets in Madrid (ICC International Court of Arbitration).

Contract for the construction of railway transport infrastructure (Arbitration Center of Mexico).

Concession agreement for the provision of telephone service (Arbitration Center of the Lima Chamber of Commerce).

Education