Mr. Mark Kantor

Professional Experience

Mark Kantor currently serves as an arbitrator in international investment and commercial disputes. Until he retired from Milbank, Tweed, Hadley & McCloy LLP, he was a partner in the Project Finance Group of the Firm. He teaches courses in both international arbitration and international business transactions as an Adjunct Professor at the Georgetown University Law Center. He is also a Senior Research Fellow at the Vale Columbia Center for Sustainable International Investment (a joint undertaking of Columbia Law School and the Earth Institute at Columbia University). Additionally, Mr. Kantor is Editor-in-Chief of the online journal Transnational Dispute Management.

Mr. Kantor is a member of the Board of Directors of the American Arbitration Association, Chair of the DC Bar International Dispute Resolution Committee and a Fellow of The Chartered Institute of Arbitrators. He is also a member of the Editorial Board of Global Arbitration Review, the Board of Editors of the Journal of World Energy Law and Business, and the ADR Advisory Board of the International Law Institute. Among other publications, Mr. Kantor is the author of Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (Kluwer 2008).

Dispute Resolution Experience and Training

Arbitrator in over 50 commercial and investment arbitrations. Member, Board of Directors, American Arbitration Association. Fellow, The Chartered Institute of Arbitrators and Chair, Washington, D.C. Chapter (2008-2010). Chair,D.C. Bar International Dispute Resolution Committee. Fellow, College of Commercial Arbitrators. Member, ADR Advisory Board, International Law Institute, Washington, D.C. Member of the AAA Large Complex Disputes, Commercial and International Panels, the ICC database of arbitrators, the AAA/ICDR Energy Arbitrators’ List, the SIAC panel of arbitrators, the HKIAC panel of arbitrators, the LCIA list of arbitrators, the KL Regional Centre for Arbitration, the National Futures Association roster of arbitrators and CPR Panels for Banking and Finance and International Neutrals.

Professional and Other Activities

Until he retired from the Firm at the age of 44, Mark Kantor was a partner in the Corporate and Project Finance Group of Milbank, Tweed, Hadley & McCloy, acting as the lead partner in Milbank’s involvement in a number of prominent domestic and international project financings, including several “Deals of the Year” named by trade periodicals throughout the 1990s. His practice combined Wall Street expertise with Washington experience. Kantor has represented investment banks, commercial banks, sponsors, institutional investors and government authorities in complex financing and investment transactions, and he has considerable experience in the energy, power, telecommunications, aircarrier, satellite, financial services and leasing industries. Kantor also has represented financial institutions and users in connection with numerous complex credit, interest rate and foreign exchange structured finance and derivatives transactions. During the Asian financial crisis in the late 1990’s, he was the U.S. head of Milbank’s Asian Crisis Team, and has represented public sector and private sector parties in numerous transactions, workouts and bankruptcies, both domestic and international. In addition, he has represented U.S., Japanese and Canadian government agencies and multilateral financial institutions in a variety of financing transactions, workouts, bankruptcies and international reschedulings. In 1990, Kantor served as the first outside General Counsel of the RTC Oversight Board, the U.S. Federal agency with policy oversight responsibility for the savings & loan crisis.

Academic Qualifications

University of Michigan Law School, J.D. 1979 with honors
Research & Development Editor, University of Michigan
Journal of Law Reform
Louis Honigman Award

University of Michigan, Institute for Public Policy Studies
Masters of Public Policy, 1979
University of Southern California, A.B. 1975 with honors (International Relations and Political Science)

Phi Beta Kappa
Blackstonians Honor Society
Undergraduate Year Abroad Honors Program, 1973-74, University College, University of London

Joe McArthur

Professional Experience

Joe practises commercial litigation and arbitration. He has represented both public and private companies in a range of industries, including mining, infrastructure, utilities, financial services, and technology.

Joe is an experienced trial and appellate lawyer and has argued before all levels of court in Canada, including the Supreme Court of Canada.

He is National co-leader of the Firm’s Arbitration Group. He regularly advises on domestic and international arbitrations as counsel and is available for appointment as arbitrator. He is a member of the ICC Canadian Arbitration Committee, the American Arbitration Association’s International Centre for Dispute Resolution (ICDR) Panel of Arbitrators and the Domestic and International Arbitration Panels of the British Columbia International Commercial Arbitration Centre (BCICAC).

Dispute Resolution Experience and Training

  • Appointed to three member panel under ICC Arbitration Rules involving a dispute over a breached settlement agreement between Canadian and American companies
  • Appointed to three member panel under ICC Arbitration Rules involving a $70 million claim for energy infrastructure between Spanish and American parties
  • Appointed sole arbitrator in international arbitration involving an intellectual property dispute between Chinese and North American parties
  • Appointed sole arbitrator in BCICAC international arbitration involving a dispute over mining interests in Ecuador
  • Appointed to three member arbitration panel regarding agency dispute
  • Appointed sole arbitrator in ad hoc arbitration involving a franchise dispute
  • Appointed sole arbitrator in BCICAC share valuation dispute
  • Appointed sole arbitrator in a number of ICDR commercial contract disputes
  • Appointed to three member arbitration panel regarding dispute over South American mining concession

Counsel Work

  • Counsel in lengthy arbitration involving the construction of significant energy infrastructure
  • Counsel in arbitration regarding dispute over operation of municipal infrastructure
  • Counsel in arbitration regarding public-private-partnership infrastructure financial arrangements
  • Counsel in arbitration involving the operation of energy infrastructure
  • Counsel to Aon Hewitt in dispute regarding funding of public sector long term disability trust
  • Counsel to Suncor Energy Marketing Inc. in a dispute with Suncor’s terminal operator
  • Counsel to CHC Helicopters in an arbitration over the purported termination of Hibernia helicopter contract
  • Counsel to FinancialCAD Corporation in a dispute regarding the inadvertent triggering of shareholder dissent rights in FinancialCAD as a result of an error by FinancialCAD’s corporate solicitors
  • Counsel to NovaGold Resources Inc. in the appraisal of dissenting shareholder’s shares in the first reported case to consider B.C. Business Corporation Act dissent provisions
  • Counsel to Ermineskin Cree Nation in a lengthy Federal Court trial and before the Supreme Court of Canada alleging breach of a trustee’s duty to prudently invest over C$1-billion in trust funds and to prudently manage oil and gas resources
Professional and Other Activities

  • Member of Bar of British Columbia, 1995 to date
  • Fellow, Chartered Institute of Arbitrators
  • Member, ICDR Panel of Arbitrators
  • Member, LCIA North America Users Council
  • Member, Western Canada Commercial Arbitration Society
Academic Qualifications

B.A. (Political Science), Carleton University – 1991
LL.B., University of Toronto – 1994