Eoin Ó Muimhneacháin (Moynihan)

Associate
New York City; Buffalo; Washington, DC
(212) 508-0484
(716) 504-5756
emoynihan@phillipslytle.com
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Mr. Moynihan brings to Phillips Lytle significant expertise with respect to high value commercial dispute resolution, including litigation, arbitration and mediation. Having practiced law as a New York attorney in Asia, Europe and the Middle East, Mr. Moynihan has represented large multinational companies, governments and startups in industries including energy, retail, technology, gaming, shipping, aviation, construction, insurance, manufacturing and finance. He focuses his practice primarily on commercial disputes, including labor and employment litigation, arbitration and mediation. He has particular expertise pertaining to disputes with an international or cross-border element, choice of law and forum disputes, enforcement and vacatur of foreign judgements and awards, commercial arbitration in multiple foreign jurisdictions and jurisdictional challenges. Mr. Moynihan was appointed a Fellow of the Chartered Institute of Arbitrators in 2021.

Admitted to Practice

  • New York
  • District of Columbia
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals for the Armed Forces
  • U.S. Court of Federal Claims
  • U.S. Navy-Marine Corps Court of Criminal Appeals

Education

  • New York University School of Law, LL.M., 2010
  • National University of Singapore, LL.M., 2010
  • University College Cork, B.C.L., 2008

Judicial Clerkships

  • Hon. Victor J. Wolski, U.S. Court of Federal Claims, 2021-2022

Languages

  • Irish
  • French
  • Italian
  • Malay

Professional Associations

International

  • American Foreign Law Association
  • Arbitration Ireland, New York Chapter
  • Asian International Arbitration Centre, Young Practitioners’ Group
  • Associazione Italiana per l’Arbitrato (AIA)-ArbIt-40
  • BVI Arbitration Group
  • CEPANI40 (Belgian Centre for Arbitration and Mediation)
  • Chartered Institute of Arbitrators
    • Fellow, New York Branch & Irish Branch
  • HK45 – Hong Kong International Arbitration Centre
  • International Center for Dispute Resolution, Young & International
  • International Chamber of Commerce, Young Arbitrators Forum
  • International Mediation Institute, Qualified Mediator & Young Mediators’ Initiative
  • London Court of International Arbitration – Young International Arbitrators’ Group
  • Swiss Arbitration Association – Under 40
  • Young Attorneys in Alternative Dispute Resolution – International Institute for Conflict Prevention and Resolution
  • Young Chinese European Arbitration Centre
  • Young Institute for Transnational Arbitration
  • Young International Council for Commercial Arbitration
  • Young Singapore International Arbitration Centre
  • Young Thailand Arbitration Center

National

  • American Bar Association
    • Dispute Resolution Section
      • Committees: Arbitration, Client Representation (Co-chair), Court ADR, Healthcare, International, Mediation, and Young Lawyers/Young ADR Professionals
    • International Law Section
      • Committees: Canada, Europe, International Arbitration, International Employment Law, International Energy & Environmental Law, International Litigation, International Mediation, International Private Client, International Trade, International Transportation, Lawyers Abroad, National Security, and South Asia/Oceania & India
  • American Inns of Court
  • Federal Bar Association, 2nd Circuit Chapter
    • Dispute Resolution Section, Secretary
    • International Section, Social Media Chair
  • U.S. Court of Federal Claims Bar Association

State

  • District of Columbia Bar Association
  • Irish American Bar Association of New York
  • New York State Bar Association
    • Committee on Veterans
    • Committee on Lawyer Referral Service
    • Dispute Resolution Section
      • Committees: ADR In The Courts, ADR Within Government Agencies, Domestic Arbitration, International Dispute Resolution, Legislation, Mediation, and Sports ADR
    • International Section
      • Committees: Arbitration & ADR, Asia Pacific Region, Caribbean, Cross-Border and Legal Practice, Employment Law, Energy and Natural Resources, Entertainment & Sports Law, Europe, Foreign Lawyers, Insurance & Reinsurance, Litigation, and Transportation
    • Ireland Chapter
    • Singapore Chapter
  • New York State Dispute Resolution Association

Local

  • Charles S. Desmond American Inn of Court
  • Bar Association of Erie County

Representative Matters

Energy & Resources

  • Represented a major regional coal mining company in US$37 million insurance claim following a landslide at an Indonesian mine.
  • Advised a French facilities management company in dispute with a global oil major for failure to pay for services provided to their Singapore oil refinery.
  • Acted for a U.A.E. commodities trader in SIAC arbitration under an expedited procedure against Indonesian mining companies for failure to supply coal.
  • Conducted a global bilingual contractual standardization project for a major oil company.
  • Advised the Indian government on the U.S. capital markets legal implications of their partial divestments in India’s largest oil and gas company.
  • Advised the Indian government on the U.S. capital markets legal implications of their partial divestments in a power plant construction finance company.

Construction

  • Represented a major, multinational corporation in an arbitration to seek an injunction restraining a world-renowned architecture firm from copying the iconic design of the client’s very prominent building in Singapore in another project in China.
  • Acted for a U.A.E. building contractor in an arbitral claim against a property developer for unpaid work carried out in the construction of a luxury hotel in Dubai.
  • Managed a large claims portfolio for a Middle Eastern construction company including, advising on and preparing, all pleadings and correspondence for the company’s arbitrations with various suppliers and subcontractors.
  • Drafted a turnkey contract for the construction of a villa in Tuscany.
  • Acted for investors in financing the construction of a large residential development.

Shipping & Maritime

  • Represented a ship owner in a US$1.6 million charter-party dispute involving the arrest of a vessel in Singapore.
  • Represented the purchaser of a vessel in the breach of a contract claim against the shipbuilder in a domestic ad-hoc arbitration in Singapore.
  • Acted for various ship owners in a wide range of demurrage claims and other charter-party disputes.
  • Acted for a Finnish manufacturer of ship engine parts in a claim for unpaid invoices against a Jordanian shipping company, including preparation to arrest the vessel in Australia.

International/Cross-Border Trade & Agribusiness

  • Acted in various trade disputes for failure to deliver various cargoes of produce, timber etc., under a variety of rules including SIAC, HKIAC and LCIA.
  • Acted as tribunal secretary in a Singapore-seated arbitral claim by a Kentucky-registered claimant against an Indian defendant for failure to deliver a cargo of scrap metal.

Manufacturing & Retail

  • Advised a European plastics manufacturer on a claim against a Japanese engineering firm for design of defective plant and machinery.
  • Represented a Malaysian palm oil manufacturer in a US$6 million trade dispute with the buyer.
  • Advised the Indian government on the U.S. capital markets legal implications of their partial divestments in a public sector steel manufacturing company.
  • Advised an Indian generator manufacturing company on the U.S. capital markets legal implications of their initial public offering.
  • Advised an Indian jewelry manufacturing and retail company on the U.S. capital markets legal implications of their initial public offering.
  • Prepared a contractual negotiation manual for the procurement department of a listed multinational manufacturer of building materials.
  • Advised on the acquisition of a European retail chain.

Technology, Media & Telecommunications

  • Advised a Singaporean fintech company on a claim against it by a government-linked company in Côte d’Ivoire for failure to adequately implement an IT solution.
  • Advised a Mexican and Canadian film production consortium on an intellectual property claim against an Italian film distributor pursuant to a breach of a licensing agreement.
  • Advised a Singaporean fintech company on an intellectual property claim against a Tunisian telecom company for breach of copyright.
  • Advised a restaurant holding company on a contractual claim against its merchants’ point of sale payment processing technology vendor.

Healthcare & Education

  • Acted for the U.A.E. subsidiary of a major U.S. professional services provider in a DIFC-seated arbitral claim under DIFC-LCIA rules against a major regional healthcare company for failure to pay for services rendered.
  • Drafted consultancy agreements for a startup bringing medical devices from inception to marketplace.
  • Advised an Indian chain of childcare centers on the U.S. capital markets legal implications of their initial public offering.

Insurance

  • Advised a major Japanese insurance company on its liability under property all-risk policies following widespread catastrophic flooding in Thailand.
  • Represented a major regional coal mining company in a US$37 million insurance claim following a landslide at an Indonesian mine.

Aviation, Transport & Logistics

  • Prepared a large suite of template contracts for use by the procurement department of a major international airline.

Tax

  • Acted for the plaintiff in an unprecedented challenge to tax legislation

Present Activities

  • Asian International Arbitration Centre, Arbitrator Panel & Mediator Panel
  • Buffalo Fenians Gaelic Athletic Association Club
  • Irish Business Organization of New York
  • Irish American Business Network, New York Chapter
  • Irish International Business Network, New York Chapter
  • Fleet Reserve Association
  • Historical Society of the New York Courts, Young Lawyers Committee
  • National Cancer Centre of Singapore, Clinical Ethics Committee Member
  • National University of Singapore Alumni Association
  • New York University Alumni Association
  • New York University School of Law, International Alumni Mentorship Program
  • NYSBA Alternative Dispute Resolution Section Mediation Mentorship Program
  • Singapore International Arbitration Centre, Reserve Arbitrator Panel
  • Trade Disputes Between the European Union and Third Counties, Arbitrator Panel
  • UCC Law Society Alumni Network
  • University College Cork Alumni Association, New York Chapter
  • U.S. Coast Guard Reserve

Past Activities

  • AIAC Pre-Moot for the Willem C. Vis Moot, Volunteer Arbitrator
  • American Bar Association, Litigation Section and Civil Rights & Social Justice Section
  • Asian Society of International Law
  • Beyond Social Services, Singapore, Volunteer Mentor (for at-risk youth)
  • Chartered Institute of Arbitrators, DipIArb, 2020
  • Federal Bar Association, Litigation Section, Civil Rights Section and Military & Veterans Law Section
  • Giles S. Rich American Inn of Court
  • The Law Society of Singapore, Associate Member
  • The Law Society of Singapore Pro Bono Services, Joint International Pro Bono Committee Member
  • New York Center for Interpersonal Development, Volunteer Mediator
  • New York State Bar Association, Trial Lawyers Section and Commercial & Federal Litigation Section
  • North American Vexillolgical Association
  • NYU Marden Moot Court Competition, Volunteer Judge
  • Singapore Armed Forces Volunteer Corps, Volunteer
  • Singapore Gaelic Lions Gaelic Athletic Association Club
  • Singapore Institute of Arbitrators