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

Mr. Peter R. Day

 

Professional Experience

Peter R. Day’s wide-ranging experience as a business lawyer, trial lawyer, corporate executive and university educator make him well-suited to serve as a neutral in nearly any alternative dispute resolution setting. He has a broad background as a lawyer with over 35 years of practice, ranging from trial practice and litigation management to a wide-ranging corporate practice, with significant experience in intellectual property, international business, construction, aircraft finance, real estate, and asset sales.

After graduate studies in law in Germany and in business administration as a Fulbright scholar in France, he joined the legal department of The Boeing Company, where he enjoyed a 25-year career which included assignments as Chief Counsel for two division legal departments. In his role as Chief Counsel for two divisions of The Boeing Company, a substantial part of his responsibility was cost-effective and prompt dispute resolution, using negotiation, informal means of alternative dispute resolution, and formal mediation, arbitration or litigation when necessary. Concurrently, he set up and managed fully integrated in-house and outside counsel claims teams in the successful defense of over $100 million in construction claims at minimum cost, many of which were resolved through arbitration.

Peter Day is reasonably fluent in both German and French and has negotiated business transactions in both languages.

After living and doing business on three continents, he has an understanding of the interplay of different legal systems and cultures in international business, a management perspective of business disputes and a very pragmatic approach to dispute resolution.

Upon graduation from law school, Peter R. Day served as a Marine Corps trial lawyer in Vietnam and Japan, then as Chief Prosecutor and Court-martial judge at Camp Pendleton, California. Following release from active duty, he joined the Office of the District Attorney of San Mateo County, California, where he tried 22 jury trials.

Dispute Resolution Experience and Training

  • Chartered Institute of Arbitrators, Diploma Course in International Commercial Arbitration, Oxford, England, 2005.
  • International Chamber of Commerce, Master Class for Arbitrators, Paris 2010.

PIDA Mock Arbitration under ICC Rules (French language), Paris, 2006.

  • World Intellectual Property Organization, Arbitration Workshop, Geneva, 2006.
  • American Arbitration Association/ICDR Symposium in Advanced Case Management Issues, New York, 2010.
  • Chairing an Arbitral Panel, Seattle, 2010.
  • Arbitrator II: Advanced Case Management Issues, Miami, 2006.
  • Arbitrator I: Fundamentals of the Arbitration Process, San Francisco, 2005.
  • Using ADR to Resolve Intellectual Property Disputes, Seattle, 2005 – 2006.
  • 40-Hour Mediator Skills Training for Court-Based Settlement Programs, Seattle, 2005.
  • Washington College of Law, American University, How to Handle a Bilateral Investment Treaty Arbitration, Washington, D.C., 2009.
  • FINRA/New York Stock Exchange, Dispute Resolution Chairperson Training, 2008.
  • Arbitrator Training, San Francisco, 2006.
  • Construction Disputes Resolution Services, Construction Arbitration and Dispute Resolution Board Training, Albuquerque, 2007.
Professional and Other ActivitiesPeter Day has taught trial practice to lawyers for 10 years with the National Institute for Trial Advocacy at the San Diego and Seattle programs, and has also taught both MBA and undergraduate courses in business law and international law at the Seattle University Albers School of Business and Economics.

Arbitration Panels

  • International Chamber of Commerce
  • World Intellectual Property Organization
  • International Centre for Dispute Resolution
  • London Court of International Arbitration
  • Chinese European Arbitration Centre
  • American Arbitration Association National Roster of Neutrals
  • FINRA (formerly NYSE & NASD)
  • Institute for Conflict Management
  • Construction Dispute Resolution Services, LLC
  • National Arbitration Forum
Academic Qualifications

  • INSEAD, Fontainebleau, France, Four-week executive program (Programme Supérieur pour Dirigeants), 2005
  • B.A., University of Grenoble, France (Fulbright scholar) Graduate degree (Diplôme d’études supérieures spécialisées), 1976
  • University of the Saar, Germany Graduate studies at the Europa-Institut in European Union law, 1974-1975
  • J.D., University of San Francisco, 1969
  • B.A., Economics, Yale University, 1966