Arbitrator and Mediator Experience

International Arbitration

Served as Chair, sole arbitrator and co-arbitrator of institutional (ICC, ICDR, AAA, BCICAC, ADRIC) and ad hoc arbitrations. Counsel in institutional arbitrations (ICC, ICDR, AAA, HKIAC, SCC, BCICAC, ADRIC etc) and ad hoc (UNCITRAL) arbitrations.


Non-International (Domestic) Arbitration

Served as chair, co-arbitrator or sole arbitrator in ADRIC, BCICAC and ad hoc arbitrations involving Canadian parties. Also appeared as counsel in numerous domestic commercial arbitrations in various parts of Canada, as well as in court proceedings in British Columbia, Alberta and Yukon.


Chair of Tribunal

  • chair of a tribunal hearing disputes between a Canadian mining company and an American engineering company relating to the construction of mine facilities. (ADRIC) [ongoing] Seat: Saskatoon. Law: Saskatchewan.

  • chair of a tribunal hearing disputes between two Canadian energy companies relating to responsibility for clean-up and repair costs associated with a condensate spill. (ADRIC) [ongoing]; Seat: Calgary. Law: Alberta

  • chair of a tribunal hearing disputes between a Canadian contractor and the Canadian subsidiary of a Spanish developer with respect to construction of a biomass plant. (ad hoc) [settled]; Seat: Vancouver. Law: TBD.

  • chair of a tribunal hearing disputes between Canadian and American parties concerning indemnity claims and post-closing adjustments under a share purchase agreement. (ad hoc) [ongoing] Seat: Calgary. Law: Alberta.

  • president of a tribunal hearing disputes between European and Asian companies concerning FRAND rates due under a patent portfolio licensing agreement. (ICC) [award issued] Seat: Paris. Law: US, France and others.

  • president of a tribunal hearing disputes between American and Japanese parties concerning representations with respect to patents and fiber-optic product inventory sold under an asset purchase agreement (ICC) [award issued] Seat: San Francisco. Law: California.

  • chair of a tribunal hearing disputes between parties from Poland and Guernsey with respect to alleged breaches of investment management agreements (LCIA) [settled] Seat: London. Law: Guernsey.

  • chair of a PCA-appointed tribunal hearing disputes between American and Spanish companies concerning a license for the world-wide distribution of equipment for the pulp and paper industry (UNCITRAL) [partial award issued; final award issued] Seat: Tacoma. Law: Washington State.

  • president of a tribunal considering a dispute between a Mexican tequila supplier and an American producer and distributor concerning alleged breaches of a joint-venture agreement (ICC) [award issued] Seat: San Francisco. Law: California.

  • chair of a tribunal hearing disputes between American and Canadian parties concerning a license to manufacture and distribute pharmaceutical products (ad hoc) [award issued] Seat: Calgary. Law: British Columbia.

  • chair of a tribunal in a final offer arbitration between industry proponents and a government entity to settle the terms of a processing agreement for offshore oil resources (UNCITRAL) [award issued] Seat: St. Johns. Law: Newfoundland and Labrador.

  • president of a tribunal hearing a dispute between Mexican and American parties regarding a joint venture to provide goods and services to the petrochemical industry (ICC) [award issued] Seat: Vancouver. Law: England, Mexico.

  • president of a tribunal hearing a dispute concerning the termination of rights under farm-in and operating agreements in relation to a hydrocarbon exploitation license issue by the Republic of Cameroon (ICC) [award issued] Seat: Houston. Law: Colorado.

  • chair of a tribunal hearing a dispute regarding force majeure and termination claims under a long term Power Purchase Arrangement for power supplied by a coal fired plant (ad hoc) [award issued] Seat: Calgary. Law: Alberta.

  • chair of a tribunal hearing disputes between Chinese and Canadian investors concerning their respective interests in mining properties in Canada (BCICAC) [award issued] Seat: Vancouver. Law: British Columbia.

  • chair of a tribunal hearing dispute among Canadian and Chinese co-investors in a mining property concerning their respective entitlements to Government incentive tax rebates (BCICAC) [award issued] Seat: Vancouver. Law: British Columbia.

  • president of two tribunals hearing a dispute between a Danish/Brasilian consortium and a Panamanian contractor concerning the construction of a hydro-electric power-plant in Panama (ICC) [settled] Seat: Miami. Law: Florida.

  • chair of an arbitration tribunal hearing disputes between Canadian and Chinese investors in mining properties with respect to alleged breaches of a unanimous shareholders’ agreement (BCICAC) [award issued] Seat: Vancouver. Law: British Columbia.

  • chair of an arbitration tribunal hearing a dispute concerning the allocation of revenues derived from the fractionating and processing of natural gas (UNCITRAL) [award issued] Seat: Calgary. Law: Alberta.


Co-Arbitrator

  • co-arbitrator of a dispute between a government and an oil sands producer concerning allowable costs for the purposes of royalty payment obligations. [ongoing] Seat: Calgary. Law: Alberta.

  • co-arbitrator of a dispute among American, Korean and English interests under a joint operating agreement for off-shore oil and gas exploration in West Africa (ICDR) [settled] Seat: Houston; Law: Texas.
  • co-arbitrator of a dispute between a Chilean power generator and a Canadian supplier of turbines concerning a turbine failure (ICDR) [ongoing] Seat: Houston. Law: Texas.
  • co-arbitrator of a dispute between parties from Spain and the Carribean concerning the allocation of resources to an LNG train under a long-term supply agreement (UNCITRAL) [Partial award issued; final award issued] Seat: New York. Law: New York.
  • co-arbitrator of a dispute between the Netherlands subsidiary of a state-owned entity and a Central American company relating to the design and construction of an offshore production, storage and off-loading facility(FPSO) (ICC) [partial award issued] Seat: New York. Law: New York.
  • co-arbitrator of a dispute between among Canadian, Ecuadoran and Chinese (Hong Kong) companies with respect to the sale and purchase of shares in an Ecuadoran mining company. (BCICAC) [award issued]  Seat: Vancouver. Law: British Columbia.
  • co-arbitrator of a dispute between mining companies concerning rights of access over adjacent mining properties (BCICAC) [settled]  Seat: Vancouver. Law: Ontario.
  • co-arbitrator of a dispute between an Australian mining company and a Vanuatu corporation concerning their respective obligations to finance a mining project in the Dominican Republic (ad hoc[award issued] Seat: Vancouver. Law: British Columbia.
  • co-arbitrator of a test case to establish the valuation mechanism under a standard form long-term ground lease used for many hundreds of leasehold residential condominium projects in Vancouver, British Columbia (BCICAC) [award issued]  Seat: Vancouver. Law: British Columbia.

Sole Arbitrator - International

  • sole arbitrator of a dispute between a United Kingdom corporation and American corporations relating to a front-end engineering and design contract and a patent license agreement. (ICC) [ongoing] Seat: Paris. Law: New York.

  • sole arbitrator of a dispute between among American, Israeli and French corporations relating to a patent license agreement. (ICC) [ongoing] Seat: New York. Law: New York.

  • sole arbitrator of a dispute between an American venture capital fund and a Chinese investor. (ICDR) [ongoing] Seat: San Francisco. Law: Delaware.

  • sole arbitrator of a dispute between American and Saudi corporations concerning claims for breach of a contract. (ICC) [ongoing]; Seat: London. Law: Washington State.

  • sole arbitrator of a dispute between an American manufacturer and an Australian licensee, involving intellectual property and antitrust claims (ICC) Seat: Portland. Law: Washington State, US Federal law. [award issued]

  • sole arbitrator of a dispute between Canadian and American parties relating to an option/joint venture agreement for a mining property in Niger (BCICAC) Seat: Vancouver. Law: British Columbia. [award issued]

  • sole arbitrator of a dispute concerning consulting and option agreements relating to mining properties in Tanzania (BCICAC) Seat: Vancouver. Law: British Columbia. [award issued]

  • sole arbitrator of a dispute between Canadian and American companies and a former executive arising out of employment termination. (ad hoc) Seat: Vancouver. Law: British Columbia. [award issued]

  • sole arbitrator of a dispute between a Canadian importer and a Mexican exporter concerning alleged breaches of a distribution agreement for tequila products (BCICAC) Seat: Vancouver. Law: British Columbia. [award issued]

  • sole arbitrator of a dispute between a Japanese technology company and a Canadian software company (ad hoc) Seat: Vancouver. Law: British Columbia/Japan][award issued]
  • sole arbitrator of a dispute between a Korean technology company and a Canadian licensee (BCICAC) Seat: Vancouver. Law: British Columbia. [award issued]
  • sole arbitrator of a dispute between Korean and Canadian joint-venture partners concerning their respective entitlements to profits (BCICAC) [settled]
  • sole arbitrator of disputes between a Canadian company and an Italian company concerning a distribution agreement for the supply of software and hardware to various Saudi Arabian and Middle eastern entities. (BCICAC) Seat: Vancouver. Law: British Columbia. [settled]
  • sole arbitrator of disputes between a Canadian corporation and a Delaware corporation arising out of an agreement to issue shares for debt (BCICAC) Seat: Vancouver. Law: British Columbia.[award issued]
  • sole arbitrator of disputes between a California corporation and a Nevada Corporation arising out of a share exchange agreement and a related escrow agreement (BCICAC) Seat: Vancouver. Law: British Columbia, California [award issued]

Sole Arbitrator - Domestic

  • sole arbitrator of a dispute between an academic institution and a pharmaceutical company concerning royalties payable under a license of intellectual property and the validity and alleged infringement of patents (BCICAC) [partial award issued; ongoing]
  • sole arbitrator of a dispute between government and a forestry company concerning compensation for reductions in annual allowable cuts. (ad hoc[partial awards issued; ongoing]
  • sole arbitrator of a dispute concerning post-closing adjustments arising out of a share purchase agreement with respect to a road-paving business. (ADRIC) [award issued]
  • sole arbitrator of a dispute between a municipality and a contractor concerning a road construction project (ad hoc[award issued]
  • sole arbitrator of a dispute concerning the termination of an arena concession agreement (BCICAC) [partial award issued; settled]
  • sole arbitrator of a dispute between two Canadian energy companies relating to the processing of off-gas from an oil sands project (ad hoc[settled]
  • sole arbitrator of a dispute between a group of auto dealerships and a supplier of uniforms concerning the validity of the termination of a long term supply agreement (ICDR) [award issued]
  • sole arbitrator of a dispute between a municipal organization and a waste management company concerning alleged breaches of a long term waste management agreement. (BCICAC) [award issued]
  • sole arbitrator of a dispute between a charitable organization and a supplier of software and services under an on-line auction agreement (BCICAC) [award issued]
  • sole arbitrator of disputes under a unanimous shareholders agreement ofa garment manufacturing company (BCICAC) [award issued]
  • sole arbitrator of a dispute under the Community Charter, SBC 2003, c. 26 among three local governments concerning their relative responsibilities for regional district sewer services. (Statutory) [award issued]
  • sole arbitrator of a dispute under a co-owners agreement relating to a real estate development property. (BCICAC) [settled]
  • sole arbitrator of a dispute between an academic institution and a pharmaceutical company concerning their respective interests in certain pharmaceutical products (BCICAC) [award issued]
  • sole arbitrator of a final offer arbitration under the Local Government Act, R.S.B.C. 1996, c. 323 concerning proposed amendments to the Regional Context Statement in an Official Community Plan. (Statutory) [award issued]
  • sole arbitrator of a dispute between two charitable organizations concerning their respective shares of charitable donations (ad hoc[award issued]
  • sole arbitrator of a dispute between an owner and a sub-contractor concerning the construction of water treatment facilities in the Northwest Territories (ADRIC) [settled]
  • sole arbitrator of a dispute between a printing company and a customer concerning the interpretation and application of bulk purchase costing formulae (BCICAC) [award issued]
  • sole arbitrator of a dispute between a supplier of human resources related services and a Government Ministry (ad hoc[award issued]
  • sole arbitrator of a dispute between a forestry company and a supplier of software and related services (BCICAC) [award issued]
  • sole arbitrator of disputes between logging contractors and forest company relating to alleged breaches of road construction contracts (ad hoc[award issued]
  • sole arbitrator of a dispute between a Canadian company and an offshore supplier concerning amounts alleged to be due under a contract (ICC) [settled]
  • sole arbitrator of disputes between former law partners concerning alleged breaches of and an accounting under the partnership agreement (ad hoc[award issued]
  • sole arbitrator of a dispute between two levels of government concerning relative responsibilities for waste management and disposal (ad hoc[settled
  • sole arbitrator of disputes between a private corporation and a Canadian University arising out of a collaborative, sponsored software research and development agreement (BCICAC) [award issued]
  • sole arbitrator of disputes among former partners of a law firm concerning liability for contribution and indemnity (ad hoc[award issued]
  • sole arbitrator of disputes between a vegetable marketing corporation and a greenhouse grower arising from an agreement to import tomatoes into Canada from the United States (ad hoc[award issued]
  • sole arbitrator of disputes between a technology company and an international retailer arising out of a series of agreements relating to the creation of an e-commerce system (BCICAC) [settled]
  • sole arbitrator of disputes between the operator of a natural gas pipeline and the operator of a natural gas processing plant concerning their relative responsibilities for payment of taxes (ad hoc[settled]
  • sole arbitrator of a dispute between a supplier of herbal medicines and a distributor concerning alleged breaches of a distribution agreement (BCICAC) [award issued]
  • sole arbitrator of a dispute between a landlord of commercial premises in a resort municipality and its retail tenant concerning various issues arising under a commercial lease (ad hoc[award issued]
  • sole arbitrator of rental disputes between landlords and a tenants arising out of leases of office space, warehouse facilities, restaurants, and other commercial premises (ad hoc[award issued]

Arbitration Counsel (Cases which resulted in awards)

  • arbitration counsel in a dispute between a coal producer and the operator of a coal terminal facility (ADRIC)
  • arbitration counsel in a dispute between among three foreign-owned Icelandic companies relating to the interpretation of an energy purchase agreement (SCC)
  • arbitration counsel in a dispute between American and Canadian interests concerning the supply of geothermal power to an aluminum smelter in Iceland (SCC)
  • arbitration counsel in a dispute concerning the deemed expropriation of lands in connection with the 2010 Vancouver Olympic and Paralympic Winter Games (ad hoc)
  • arbitration counsel in a disputes between a shipyard and a ship-owner concerning alleged deficiencies in the design and construction of a passenger ferry (BCICAC)
  • arbitration counsel in a dispute concerning funding adjustments a Clinical and Academic Services Agreement between a group of surgeons,  a provincial Health Authority and a university (BCICAC)
  • arbitration counsel for a Canadian software manufacturer in a dispute with a U.S. software developer arising under an OEM agreement for the creation and international marketing and distribution of an integrated product (AAA)
  • arbitration counsel for an Alberta energy utility in a dispute concerning representations and warranties given by the vendors of two run-of-river power plants in British Columbia (ADR Institute of Ontario)
  • arbitration counsel for a Canadian importer in a dispute with a Chinese state entity and a Hong Kong exporter arising out of a contract for the supply of mandarin oranges (HKIAC)
  • arbitration counsel for a Canadian communications company in an international arbitration to resolve a dispute with a U.S. software developer arising out of contracts for the supply of customer relationship management software (AAA)
  • arbitration counsel for a British Columbia property developer in disputes with an Indian Band arising out of leases of former reserve lands (BCICAC)
  • arbitration counsel for a Canadian-based electricity utility in an international arbitration concerning liability for and quantification of a termination payment under a long term power purchase and sale agreement consequent upon the Enron bankruptcies (AAA)

Selected Examples of Publications and Speaking Engagements

  • author, “The UNCITRAL Model Law in Canada,” April 2010, Association of International Arbitrators conference, Brussels

  • author, “Security mandatory when award enforcement is adjourned pending a foreign appeal,” International Law Office Newsletter April 15, 2010

  • moderator, “Roundtable on International Arbitration,” ICC and Arbitration Committee, International Bar Association, Conference, Vancouver, October 2010

  • author, “Arbitration Advocacy,” the Advocate, Vol. 69 Part 2, March 2011

  • moderator, “The Realities of Enforcing Arbitration Awards in China,” 2nd ICC Asia Pacific Arbitration Conference, ICC, Hong Kong, April 2011

  • speaker and author, CLE Construction Law 2011: “Are you as Smart as You Think?, A Gourmet's Guide to Dispute Resolution in the Construction Industry,” Vancouver, April 2011

  • moderator, "Current Issues and Trends in International Arbitration," Fifth Annual Energy Arbitration Conference, Western Canada Arbitrators Round Table, Calgary, May 2011

  • speaker, “Regaining Speed and Economy in Dispute Resolution,” AAA 50th Anniversary in Texas Conference, International Centre for Dispute Resolution, Dallas, Texas, October 2011

  • moderator and speaker, “A Fresh Look at Canadian International Arbitration Legislation,” ICC Canada Annual Conference, Ottawa, October 2011

  • speaker, “Interim Measures of Protection,” Toronto Commercial Arbitration Society, Toronto, October, 2011

  • speaker, “Controlling Time and Cost in Construction Arbitration,” Construction law Subsection of Canadian Bar Association, Vancouver, October 2011

  • author, “Ontario Courts Consider Jurisdiction of NAFTA Tribunals,” International Law Office Newsletter January 5, 2012

  • speaker, “Arbitration of Natural Resources Disputes,” 3rd ICC Asia Pacific Arbitration Conference, ICC, San Francisco, March 2012

  •  moderator and speaker, “Recent Experiences with Mining Industry Disputes and Process Design,” Western Canada Commercial Arbitration Society, Calgary, May 2012

  • moderator and speaker, “Ethical Issues in Arbitration,” Toronto Commercial Arbitration Society, Vancouver, June 2012

  • speaker, “Arbitration of Construction Disputes,” Continuing Legal Education Society, Vancouver, June 2012

  • speaker, “Recent Developments in Arbitration in Canada,” ICC Canada, Montreal, October 201

  • speaker, “Initiatives to Reform Arbitration Legislation in Canada,” NAFTA 2022 Committee, Puebla, Mexico, October 2012

  • moderator, “Renewing the Pillars of Commercial Arbitration,” ADRIC/ICC Canada Conference, Toronto, October 2013

  • speaker, “Dispute Resolution,” Delay Claims Conference, Affinity Group, Vancouver, November 2013

  • moderator, “What do Users Really Want?,” Energy Industry Arbitration Conference, Western Canada Commercial Arbitration Society, Calgary, May 2014

  • speaker, “Tips to Save Time in Commercial Arbitration,” Association of General Counsel of Alberta, Calgary, October 2014

  • speaker, “The New ICDR Canadian Arbitration Rules,” Association of Independent Petroleum Negotiators, Calgary, October 2014

  • speaker, “Everything you wanted to know about Arbitration but were afraid to ask,” 9th Annual WCCAS Energy, Mining and Resources Arbitration Conference, Calgary, May 2015

  • course chair, speaker, “Commercial Arbitration 2015: Taking Advantage of User Control,” Affinity Group, Vancouver, June 2015

  • moderator, “Open Forum,” Institute of Transnational Arbitration, Dallas, May 201

  • speaker, “Ghosts of Arbitrations Past,” ICC Canada Annual Conference, Vancouver, October 2015

  • speaker, “New ICC Transparency Rules.” ICC West Coast International Arbitration Conference, San Francisco, May 2016

  • moderator and speaker, “The Art of Award Writing,” 10th Annual Western Canada Commercial Arbitration Society Energy and Natural Resources Conference, Calgary, May 2016

  • speaker, “Award Writing,” British Columbia Arbitration and Mediation Institute, Vancouver, June 2016

  • speaker, “How International Arbitrators Decide,” Judge Judith O. Hollinger ADR Program, University of Southern California, Second Annual Symposium, Los Angeles, March 2017

  • speaker, “Arbitration Procedure,” Continuing Legal Education Society, Vancouver, April 2017

  • moderator, “10 Tips on Effective Arbitration Advocacy,” Chartered Institute of Arbitrators, Houston, April 2017

  • moderator/speaker, “The Corruption Conundrum,” College of Commercial Arbitrators, Minneapolis, October 2017

  • speaker, “Thorny Issues in International Arbitration: The Arbitrator’s Perspective,” ICC Canada, Montreal, November 2017

  • speaker, “Drafting Arbitration Awards,” ADR Institute of BC, Vancouver, February, 2018

  • speaker, “The Wheel of Arbitration,” ICC West Coast International Arbitration Conference, San Francisco, May 2018

  • speaker/moderator, “Hot Topics in International Arbitration,” Western Canada Commercial Arbitration Society, Energy and Mining Arbitration Conference, Calgary, May 2018

  •  speaker, “Construction Arbitration,” Canadian College of Construction Lawyers, Banff, June 2018