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 an arbitration tribunal hearing disputes between Canadian and American parties concerning indemnity claims and post-closing adjustments under a share purchase agreement. (ad hoc[ongoing] Co-Arbitrators: J. Brian Casey, Frank R. Foran, Q.C.; Seat: Calgary. Law: Alberta.
  • president of an arbitration tribunal hearing disputes between European and Asian companies concerning FRAND rates due under a patent portfolio licensing agreement. (ICC) [ongoing] Co-Arbitrators: Prof. Siegfried Elsing, Hon. Randall Mayer (ret.); Seat: Paris. Law: TBD.
  • president of an arbitration 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] Co-Arbitrators: Hon. George P Schiavelli, Hon. Edward Wallin. Seat: San Francisco. Law: California.
  • chair of an arbitration tribunal hearing disputes between parties from Poland and Guernsey with respect to alleged breaches of investment management agreements (LCIA) [settled] Co-Arbitrators: Derrick Dale, Q.C., Sara Masters, Q.C. Seat: London. Law: Guernsey.
  • chair of a PCA-appointed arbitration 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] Co-Arbitrators: Ignacio Suarez-Anzorena, Janet Whittaker. Seat: Tacoma. Law: Washington State.
  • president of an arbitration tribunal considering a dispute between a Mexican tequila supplier and an American producer and distributer concerning alleged breaches of a joint-venture agreement (ICC) [award issued] Co-Arbitrators: Richard Chernick, Horacio Grigera-Naón. Seat: San Francisco. Law: California.
  • chair of an arbitration tribunal hearing disputes between American and Canadian parties concerning a license to manufacture and distribute pharmaceutical products (ad hoc) [award issued] Co-Arbitrators: Bradley Keller, Perry Mack, Q.C. Seat: Calgary. Law: British Columbia.
  • chair of an arbitral 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] Co-Arbitrators: Jack Marshall, Q.C., Harold MacKay, Q.C. Seat: St. Johns. Law: Newfoundland and Labrador.
  • president of an arbitration 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] Co-Arbitrators: Enrique Martinez Canedo, Benjamin Sheppard, Jr. Seat: Vancouver. Law: England, Mexico.
  • president of an arbitration 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] Co-Arbitrators: Hon. Alice Oliver-Parrott, Benjamin Sheppard, Jr. Seat: Houston. Law: Colorado.
  • chair of an arbitration tribunal hearing a dispute regarding force majeureand termination claims under a long term Power Purchase Arrangementfor power supplied by a coal fired plant (ad hoc[award issued] Co-Arbitrators: Hon. Roger Kerans, Phyllis Smith, Q.C. Seat: Calgary. Law: Alberta.
  • chair of arbitration tribunal hearing disputes between Chinese and Canadian investors concerning their respective interests in mining properties in Canada (BCICAC) [award issued] Co-Arbitrators: Murray Clemens, Q.C., Jack Marshall, Q.C. Seat: Vancouver. Law: British Columbia.
  • chair of arbitration 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] Co-Arbitrators: Murray Clemens, Q.C., Jack Marshall, Q.C. Seat: Vancouver. Law: British Columbia.
  • president of two arbitration 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] Co-Arbitrators: Horacio Grigera-Naón, Phillip Lacovara. 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] Co-Arbitrators: Murray Clemens, Q.C., Jack Marshall, Q.C. 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] Co-Arbitrators: Kenneth Bailey, Q.C., Hon. Roger Kerans. Seat: Calgary. Law: Alberta.

Co-Arbitrator

  • 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) [ongoing] Michael Hwang, S.C.; Co-Arbitrator: Paul F. Saba. 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]Chair: Melinda Jayson; Co-arbitrator: To be determined. 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) [ongoing] Chair: Klaus Reichert, Q.C.; Co-arbitrator: John J. Kerr. 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) [ongoing] Chair: Prof. Doug Jones; Co-arbitrator: Jack Tieder. 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] Chair: Jean Kalicki; Co-arbitrator: John Judge. Seat: Vancouver. Law: British Columbia.
  • co-arbitrator of a dispute between mining companies concerning rights of access over adjacent mining properties (BCICAC) [settled] Chair: Jack Marshall, Q.C.; Co-Arbitrator: Hon. Douglas Cunningham. 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] Chair: Pierre Bienvenu; Co-arbitrator: Henri Alvarez, Q.C. 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] Chair: Hon. Don Brenner; Seat: Vancouver. Law: British Columbia.

Sole Arbitrator

  • sole arbitrator of a dispute between government and a forestry company concerning compensation for reductions in annual allowable cuts. (ad hoc[ongoing]
  • sole arbitrator of a buy-sell dispute arising under a shareholders’ agreement and related instruments concerning a forestry industry business. (BCICAC) [ongoing]
  • sole arbitrator of a dispute between Canadian and American companies and a former executive arising out of employment termination. (ad hoc)[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[ongoing]
  • sole arbitrator of disputes between American and Canadian companies regarding an option on potash mining leases. (BCICAC) [settled]
  • 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) [ongoing]
  • 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 Canadian and American parties relating to an option/joint venture agreement for a mining property in Niger (BCICAC) [award issued]
  • sole arbitrator of a dispute concerning consulting and option agreements relating to mining properties in Tanzania (BCICAC) [award issued]
  • 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 a Dutch company and a Canadian company concerning an agreement for the distribution of wood pellets (BCICAC) [settled]
  • sole arbitrator of a dispute concerning the construction of a gypsum mine (ad hoc[settled]
  • sole arbitrator of a dispute between the parties to engineering, procurement and construction management agreement relating to an oil sands project (ICDR) [settled]
  • sole arbitrator of a dispute between two charitable organizations concerning their respective shares of charitable donations (ad hoc[award issued]
  • sole arbitrator of a construction dispute between an owner and an installer of a stacker-reclaimer concerning alleged deficiencies in design, delays and extras.(BCICAC) [settled]
  • sole arbitrator of a dispute between a Canadian importer and a Mexican exporter concerning alleged breaches of a distribution agreement for tequila products (BCICAC) [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 a dispute between a Japanese technology company and a Canadian software (ad hoc[award issued]
  • sole arbitrator of a dispute between a Korean technology company and a Canadian licensee (BCICAC) [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 a dispute between an American manufacturer and an Australian licensee, involving intellectual property and antitrust claims (ICC) [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 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) [settled]
  • sole arbitrator of disputes concerning the ownership of mineral claims in Africa (ad hoc[settled]
  • 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 Canadian corporation and a Delaware corporation arising out of an agreement to issue shares for debt (BCICAC) [award issued]
  • 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 California corporation and a Nevada Corporation arising out of a share exchange agreement and a related escrow agreement (BCICAC) [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)

Commercial Mediator

Gerry Ghikas has served as mediator in complex business cases involving a range of subject matters and industries. As mediator he has assisted in resolving disputes relating to leases and licenses, patents, partnerships, acquisition agreements, construction contracts, joint ventures and other business relationships and involving the mining, technology, construction, real estate development, insurance, retail and professional services industries.


Selected Examples of Publications and Speaking Engagements

  • speaker and author, “Arbitration of Intellectual Property Disputes,” Intellectual Property Litigation, CLE October 28, 2004
  • speaker and author, “Some Distinctive Features of North American Electricity Industry Disputes”, conference on International Commercial Arbitration: Natural Resources, Environment and Technology Disputes, International Law Section of the CBA and the ICC, June 2005
  • author, “A Principled Approach to Adjourning the Decision to Enforce Under the Model Law and the New York Convention”, Arbitration International, Vol. 22, No. 1, 2006
  • speaker and moot court advocate, National Justice Institute of Canada, Canada/China Judicial Linkages Project, Civil Evidence Workshop, April 2006
  • speaker and author, “Vancouver, British Columbia, An Ideal Seat for Commercial Arbitrations Among Parties from the Asia Pacific Region”, 2ndAnnual California International Arbitration Conference, California State Bar Association and ICDR, March 2007
  • co-author with J. Christopher Thomas, Q.C. “International Arbitration Presents Challenges and Opportunities for Canadian Business”, Financial Post, July 8, 2008
  • moderator, “Recognition and Enforcement of ICC Arbitration Awards,” ICC and USCIB, Fourth Annual ICC New York Conference, September 2009
  • conference Chair and panel moderator, “Managing International Risk Through Commercial and Investment Treaty Arbitration,” Annual Arbitration Conference of ICC and Canadian Chamber of Commerce, October 2009
  • speaker, “Fundamental Considerations Underlying Information Exchange Processes in International Commercial Arbitration,” ICDR and California State Bar Association Conference, October 2009
  • author, “Musings on the Yugraneft Decision and the Limitation Period for Recognition and Enforcement Proceedings,” Stockholm International Arbitration Review 2009:1
  • author, “The UNCITRAL Model Law in Canada,” April 2010, Association of International Arbitrators conference, Brussels.
  • 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.
  • speaker and author,“10 Tips for Conducting a Success Commercial Lease Arbitration,” Continuing Legal Education Society, Vancouver, May 2011
  • speaker, “Regaining Speed and Economy in Dispute Resolution,” AAA 50thAnniversary in Texas Conference, International Centre for Dispute Resolution, Dallas, Texas, October 2011
  • 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
  • speaker, “Initiatives to Reform Arbitration Legislation in Canada,” NAFTA 2022 Committee, Puebla, Mexico, October 2012
  • speaker, “Commercial Arbitration,” ADR Subsection of Canadian Bar Association, national on-line broadcast, February 2013
  • speaker, “Advocacy,” CLE Litigation Conference, Vancouver, September 2013
  • moderator, “Renewing the Pillars of Arbitration in Canada”, ICC/ADRIC Conference, Toronto, October 2013
  • speaker, “Resolution of Delay Claims,”Affinity Group Conference, 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 2015
  • 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