Mrs. Edna Sussman

Professional Experience

Edna Sussman is a full time arbitrator and mediator, the Distinguished ADR Practitioner in Residence at Fordham University School of Law and the principal of SussmanADR LLC. She was formerly a litigation partner at the law firm of White & Case LLP and of counsel at Hoguet Newman Regal & Kenney LLP. Represented clients and served as an arbitrator and mediator in complex international and domestic commercial disputes involving claims or determinative of transactions ranging in value from $1 million to $3 billion.

Professional Qualifications

Served as an arbitrator (chair, panelist and sole arbitrator) in over 100 complex multi-million dollar arbitrations and over 100 complex mediations. Handled arbitrations under various institutional rules and adhoc. Serves as a court certified mediator.

  • Conducts semi- annual two day training for new American Arbitration Association arbitrators (1 of less than 10 trainers nationwide) and serves as faculty for other trainings.
  • Member of arbitration and mediation institutional panels in multiple jurisdictions around the world.
Professional and Other Activities

  • Best Lawyer every year since 2007 for Alternative Dispute Resolution
  • Super Lawyers every year since 2009 for Alternative Dispute Resolution
  • Selected based on peer review as Best Lawyer’s “2012 New York City Mediation Lawyer of the Year” (one selected annually)
  • Who’s Who of Commercial Mediation 2011
  • Certified mediator, International Mediation Institute
  • Board of Directors, American Arbitration Association, College o f Commercial Arbitrators
  • American Bar Association (ABA)
    • Co- Chair, Arbitration Committee and Member of Council, Dispute Resolution Section
    • Co-Chair, Arbitration Committee, Section of International Law
  • New York State Bar Association (NYSBA)
    • Co-Editor-In-Chief, New York Dispute Resolution Lawyer
    • Former Chair, 2010-2011, Dispute Resolution Section
  • Author of numerous articles and frequent speaker
Academic Qualifications

Columbia Law School (J.D. 1973); Barnard College (B. A. 1970)
Bar Admissions: New York 1974; United States Supreme Court.; U. S. District Court Southern and Eastern Districts of New York; United States Court of Appeals, 2nd and 3rd Circuits.

Mr. Robert M. Smith

Professional Experience

Robert M. Smith, Esq., has more than 20 years of commercial litigation and trial experience. He was responsible for overseas litigation worldwide at Bank of America. Subsequently, he had his own commercial litigation firm representing three dozen financial institutions. Prior to law school, Mr. Smith was a correspondent in the Washington Bureau of the New York Times.

Mr. Smith is a Barrister (Inner Temple, Lincoln’s Inn) in the UK. He is admitted to the Bars of California, New York, and the District of Columbia. He is fluent in French and German, and speaks intermediate Spanish.

Mr. Smith has commercial law experience that includes such matters as: high-tech lending, sexual harassment, computer license disputes, project finance, international letters of credit, construction disputes, insurance coverage, and personal injury.

Dispute Resolution Experience and Training

Robert M. Smith has been an arbitrator and mediator for more than 20 years. He has mediated hundreds of complex matters in a wide range of subject areas and in many jurisdictions. He was Director of Mediation at CEDR (Centre for Effective Dispute Resolution) in London, as well as a Registered Mediator and Chartered Arbitrator in the UK. He has lectured on ADR widely—at the Law Faculty of Oxford University, the United Nations in Turin, Nairobi, Warsaw, Dublin, Singapore, and Amsterdam. He is the author of ADR for Financial Institutions (West Group, 2d ed. 1998, 1200 pp.).

Mr. Smith has completed more than 400 hours of mediation/arbitration training and teaching, including:

  • Practicum for Experienced Mediators, CDR Associates, Boulder, Colorado, 09/1994, 32 hours
  • Mediation Seminar, Stanford Law School, Palo Alto, California, 06/1994, 20 hours
  • Mediation Training, American Academy of Attorney-Mediators, Oakland, California, 01/1993, 15 hours
  • Mediation Training, American Arbitration Association, San Francisco, California, 01/1993, 15 hours
  • Mediation & ADR Training, National Institute for Trial Advocacy, Denver, Colorado, 09/1992, 24 hours

Mr. Smith’s mediation style depends on the wishes of the parties and counsel, and his sense of what is appropriate and likely to be effective.

Mr. Smith has more than 250 references from law firms and corporate and government law departments on five continents. For more representative matters, expanded biography, references and testimonials, please see www.robertmsmith.com

Professional and Other Activities

Mr. Smith serves, or has served, as a mediator or arbitrator on the following panels:

  • UN’s World Intellectual Property Organization in Geneva, Switzerland
  • the World Bank
  • London Court of International Arbitration
  • Arbitration Subcommittee to the U.S. Council for International Business
  • Centre de Médiation et d’Arbitrage de Paris (CMAP) – Médiateur Agréé
  • Center for Public Resources, Panel of Distinguished Neutrals

Mr. Smith has been elected a Fellow of:

  • the American College of Civil Trial Mediators
  • the Hong Kong Institute of Arbitrators
  • the International Academy of Mediators
Academic Qualifications

JD, Yale Law School (Board of Editors, Yale Law Journal)
MS in Journalism with High Honors, Columbia University
MA in International Affairs, Columbia University
Diploma Sobresaliente, Centro de Estudios de Español (Barcelona)
Fulbright Scholar, University of Tübingen (Germany)
AB with Honors, Harvard College

Robert B. Morton

Professional Experience

Attorney-at-Law (now semi-Retired) formerly engaged in complex civil litigation and Trial and Appeals Court Practice, on behalf of both plaintiffs/claimants and defendants/respondents. Admitted to practice in the State and Federal Courts of Illinois (1982-2008); and admitted practice before the U.S. Court of Appeals for the Seventh Circuit and the U.S. Supreme Court Bar, (1983-2008). Formerly, served as Assistant Attorney General for the State of Illinois, and more recently serving in Law Enforcement as a part-time sworn Police Officer. Also, formerly licensed as Real Estate Broker in State of Illinois (1997-2008).

25+ Years of Litigation experience in Trial and Appeals Practice in state and federal courts, and as a certified National/International Commercial Arbitrator.

Litigation and Dispute Resolution Experience includes the following areas: Contracts; Injunctions and TRO’s; Securities and Investments; Finance and Trade; Real Estate; Corporations; Partnerships; Intellectual Property rights — including Trade Secrets, Trademarks, Copyrights and Non-Compete Agreements; Probate/Estate/Will/Trust Contests; Labor and Employment Law — including Discrimination, Civil Rights, Wrongful Discharge; Negligence, Personal Injury and Insurance Coverage disputes — including Automobile Accidents, Product Liability, Malpractice, Construction & Design Defects; Consumer Rights, Creditor, Fraud, RICO; and Class Actions.

Dispute Resolution Experience and Training

Robert Morton is a highly experienced commercial Arbitrator, presided in more than 100++ Arbitration hearings, and has been accredited by these national & international ADR Organizations (past and present):

  • ICC International Court of Arbitration/US Council for International Business (USCIB) – list of approved International Commercial Arbitrators
  • International Bureau of the Permanent Court of Arbitration (PCA) – list of approved Arbitrators
  • Hong Kong International Arbitration Centre (HKIAC) – approved International Arbitrator panelist
  • Indonesian National Board of Arbitration (BANI) – approved International Arbitrator panelist
  • Kuala Lumpur Regional Centre for Arbitration (KLRCA) – approved International Arbitrator panelist
  • Beijing Arbitration Commission – Panel of International Commercial Arbitrators
  • China International Economic and Trade Arbitration Commission (CIETAC) – approved International Commercial Arbitrator
  • British Columbia International Commercial Arbitration Center (BCICAC) – approved International Commercial Arbitrator panelist
  • World International Property Organization (WIPO) – approved Int’l Intellectual Property Arbitrator
  • Arbitration Center of Mexico – registered International Commercial Arbitrator Panelist
  • Vienna International Arbitral Centre (VIAC) – approved List of Arbitrator Practioners
  • The Cairo Regional Centre for International Commercial Arbitration (CRCICA)
  • The Association of Arbitrators of Southern Africa – approved Panel member
  • Asian Domain Name Dispute Resolution Centre (ADNDRC)
  • American Arbitration Association – certified commercial Arbitrator
  • ADR Systems – approved Commercial and Employment Arbitrator
  • Mauritius Chamber of Commerce and Industry Permanent Court of Arbitration – panelist
  • NASD Arbitrator Training Lecturer – Former invited Speaker at National Arbitrator Skills Training Conference on presiding as Arbitrator/Chair in cases involving Emergency Interim Injunctions, Trade Secrets and Non-Compete Agreements
  • National Future’s Association- certified public Arbitrator
  • New York Stock Exchange – certified (public) Arbitrator
  • Chicago Board Options Exchange- certified (public) Arbitrator
  • Cook County Court Mandatory Arbitration Program- certified Arbitrator and Chairman
  • Illinois State Board of Education – certified Hearing Officer for tenured Teacher dismissal cases
Professional and Other Activities

Arbitrator Training Lecturer – Former invited Speaker at N.A.S.D. National Arbitrator Skills Training Conference – Topic: presiding as Arbitrator in cases involving Injunctions, Trade Secrets, and non-compete agreements.

Honours

  • Judicial Candidate in 2002 Elections for Circuit Court Judge of the 19th Judicial Circuit (Lake & McHenry Counties, IL.). Rated “Well-Qualified” for Circuit Judge by Supreme Court Blue-Ribbon Judicial Screening Committee.
  • Licensed as Attorney in State of Illinois (1982-2008), U.S. District Court for N.D. IL. (Trial Bar), U.S. Court of Appeals for Seventh Circuit, and admitted to the Bar of the U.S. Supreme Court.
  • Law Enforcement experience – former part-time sworn Police Officer – northern Illinois suburbs
  • Licensed Real Estate Broker in State of Illinois (1997 – 2008)
Academic Qualifications

B.A., Political Science, University of Michigan, 1978- Summa Cum Laude and Pho Beta Kappa
J.D., Harvard Law School, 1982

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. Scott D. Marrs

Professional Experience

Scott Marrs has over 20 years of experience in arbitration, litigation and legal counseling in international, energy (oil and gas exploration, production, transportation, storage, power, petrochemical, energy marketing, well service), intellectual property (patent, trademark, copyright, trade secrets and covenant not to compete litigation), commercial, product liability and international matters in state and federal courts, and in national and international arbitrations.

Dispute Resolution Experience and Training

  • Arbitrator in complex commercial contract matter involving engineering, design and project management issues in mining and energy industries.
  • Arbitrator in multi-million dollar energy matter regarding commercial contract in natural gas recycling, extraction, green energy business and allegations of contract breach and fraud.
  • Arbitrated 9-figure international disputes involving complex contractual and governmental issues regarding acquisition and divestiture of oil and gas interests in South America.
  • Arbitrator on energy panel in multi-million dollar action involving contract and financial issues relating to acquisition and divestiture of numerous producing oil and gas properties.
  • Arbitrator on commercial panel in breach of commercial contract action with associated fraud counterclaims involving stock and insurance issues.
  • Arbitrated claims by independent oil and gas producers in multi-million dollar action involving drilling companies in commercial transaction disputes.
  • Represented international oil field services company in disputes involving Middle Eastern contracts.
  • Represented natural gas pipeline company regarding $200 million acquisition dispute with energy a company.
  • Arbitrated multi-million dollar intellectual property disputes between an international medical device company and an inventor/surgeon.
  • Represented investors in disputes with exploration company involving foreign oil and gas fields.
  • Arbitrated a major investment matter for an international brokerage house involving alleged losses by a group of high net worth businessmen.
  • Represented energy client in disputes involving Russian oil interests.
  • Retained as intellectual property expert in a copyright and trademark arbitration involving two competing international chair manufacturers.
  • Represented oil and gas company in disputes involving allegedly defective land rigs.
  • Represented exploration & production company in various royalty lawsuits.
  • Represented French supplier of industrial gases in federal jury trial involving commercial contract disputes.
  • Represented a Dutch equipment manufacturer to resolve various international and commercial issues.
  • Represented international chemical company in $30 Million commercial contract dispute
Professional and Other Activities

Arbitrator with: BCICAC, AAA, ICC, CPR, and LCIA
International Institute for Energy Law – Advisory Board
International Association of Defense Counsel – ADR Committee (Co-Chair)
American, Texas and Houston Bar Foundations – Fellow
Speaker: “Harness the Power of Arbitration to Obtain A Successful Award,” 2013 ALM Course, High Stakes Litigation (NYC)
Speaker: “Comparing and Contrasting Major European and American Arbitral Forums,” 2013 IADC Annual Meeting (Hawaii)
Speaker: “Getting Your Mojo Back Regarding Arbitration,” 2012 Trial Network Litigation Mgmt Supercourse (NYC)
Author: AAA, JAMS and CPR Comparison Chart, Practical Law Jrnl (Feb 2014)
Author: “Arbitration Confidentiality,” Texas Bar Journal (Feb. 2014)
Author: “10 Major Arbitration Issues Recently Addressed By Courts,” Dispute Resolution Jrnl (Aug 2009)

Academic Qualifications

2013 Top Rated Lawyer in Alternative Dispute Resolution, American Lawyer Media
Texas’ “Top Rated Lawyer,” Martindale, 2012, 2014
“Texas Super Lawyer,” 2004, 2006-2014
“Houston’s Top Lawyers,” H Texas Magazine, 2007-2012, 2014
“Top 40 Texas Lawyers Under 40,” Texas Lawyer, 2001
Houston Lawyer Award, Outstanding Legal Article of the Year, 1993
Hirsch, Glover, Robinson & Sheiness Award, Excellence in Insurance Law, 1989

John Scott Logan

Professional Experience

John is one of the founding partners of Jenkins Marzban Logan LLP and is the managing partner. John restricts his practice to the areas of construction and commercial litigation and alternate dispute resolution.

Over the last 29 years, John has been counsel on a multitude of complex construction and commercial cases in British Columbia. He is frequently asked to act as a mediator, arbitrator or referee in construction and commercial disputes.

John is a member of a variety of construction, development and legal associations and is a frequent lecturer at conferences organized by those associations, including the Continuing Legal Education Society of British Columbia and the British Columbia Professional Legal Training Program. He is the author of numerous commercial and construction law articles and other publications.

John is committed to the use of alternative dispute resolution and pragmatic, business oriented approaches to the resolution of disputes.

John is included in the 2012 Lexpert/American Lawyer Guide to the leading 500 Lawyers in Canada, has an “AV” rating from Martindale Hubbell in construction and commercial litigation, and is rated as one of British Columbia’s top construction lawyers in Best Lawyers.

Dispute Resolution Experience and Training

  • In one of British Columbia’s first high-rise “leaky condo” claims, acted for Vancouver’s largest high-rise residential developer against the designers and constructors of twin high-rise towers in Vancouver.
  • Acting for a large group of unpaid contractors and material suppliers, successfully advanced a claim against a national surety company all the way to the Supreme Court of Canada.
  • Acted successfully for the general contractor against the owner and a sub-contractor in a multi-million dollar dispute involving the refit of Vancouver Grain Terminal.
  • Successfully defended British Columbia’s largest privately owned forest products company against a multi-million dollar claim brought by a private land owner.
  • Acted as a referee in a multi-million dollar dispute between a Crown corporation and a private contractor on an infrastructure project.
  • Acted as counsel for the successful parties in several construction tendering cases, including three leading cases, Fred Welsh v. B.G.M. ConstructionStanco Projects v. Her Majesty the Queen, and Hub Excavating v. Orca Estates.
  • On a well known downtown Vancouver twin high-rise tower project, successfully acted for the developer against the general contractor and the strata corporation in relation to very significant claims for construction deficiencies and delays. Successfully represented one of the two shareholders of a large British Columbia construction company in a multi-year string of disputes arising from the dissolution of the company.
  • Acted successfully for two of the first strata corporations to advance and resolve “leaky condo” claims involving large, multi-unit wood frame construction projects in British Columbia.
  • Regularly acts for lawyers, their clients and insurers in resolving claims arising from errors and omissions.
Professional and Other Activities

  • Fellow of the Canadian College of Construction Lawyers
  • Member of the Vancouver Regional Construction Association
  • Member of the British Columbia Road Builders and Heavy Construction Association
  • Member of the British Columbia Construction Association
  • Member of the British Columbia Urban Development Institute
Academic Qualifications

LL.B.: Dalhousie University, 1982
Called to the Bar in British Columbia, 1983
Called to the Bar in Nova Scotia, 1986

Simon B. Margolis

Professional Experience

Simon has returned to full time practice as a litigator, mediator and arbitrator after having served the firm as Managing Partner from February 2011 to February 2016.

Simon is a senior litigator who continues to provide practical and effective advice to clients in a variety of commercial and insurance related matters. He counsels clients on alternate dispute resolution methods and represents them before all levels of court. Simon is regularly retained as mediator in a wide variety of commercial disputes, many of them involving multiple parties, and is also frequently retained as an arbitrator.

Simon obtained his undergraduate degree at Dartmouth College in 1979 before attending and graduating from law school at the University of British Columbia in 1982. He articled at Bull Housser and has continued to practice at the firm his entire career. Simon was appointed Queen’s Counsel in 2012.

Dispute Resolution Experience and Training

  • Recently acted as mediator in a wide variety of disputes involving property damage, professional liability, construction, environmental contamination, real estate, bodily injury and employment.
  • Recently acted as arbitrator in several cases including a commercial dispute following the sale of a business and a series of fee disputes following the departure of a lawyer from a firm.
  • Tzeachten First Nation v. Canada (Attorney General), (2008) 297 D.L.R. (4th) 300 (Federal Court), counsel for Canada Lands companies in proceedings regarding the Crown’s duty to consult prior to transfer of the CFB Chilliwack lands to Canada Lands.
  • International Hi-Tech Industries Inc. v. FANUC Robotics and General Electric Capital Canada Inc. (GECC) 2006 BCSC 1934, counsel for GECC in defence of products liability, fraud and conspiracy claim resulting in special costs award against Plaintiff and individual director.
  • Powerex Corp. v. Alcan Inc. 2004 BCSC 876, counsel for Alcan Inc. in proceedings against it to enforce a foreign arbitral award.
Professional and Other Activities

  • 2017 Best Lawyers in Canada: Recognized leading lawyer in the areas of Aboriginal Law, Alternative Dispute Resolution, Corporate + Commercial Litigation and Insurance Law.
  • 2016 Best Lawyers in Canada: Recognized leading lawyer in the areas of Aboriginal Law, Alternative Dispute Resolution, Corporate + Commercial Litigation and Insurance Law.
  • 2015 Legal 500 Canada: Recommended lawyer in the area of Dispute Resolution.
  • LexisNexis – Martindale-Hubbell: BV Peer Review Rated.
Academic Qualifications

LLB, University of British Columbia, 1982
A.B. degree Dartmouth College, 1979
Called to the B.C. bar, 1983

Colleen Cattell

 

Professional Experience

Ms. Cattell was called to the Bar in 1986 and practised with the Vancouver law firm Douglas, Symes & Brissenden, and subsequently McKechnie & Company. Her practice focussed on commercial and construction litigation and professional negligence claims. She started mediating in 1998 and was appointed Queens Counsel in 2006.

She now works as a full-time mediator and arbitrator in a wide range of areas including construction and business disputes, personal injury and insurance claims, and wills & estates litigation.

Ms. Cattell is a Chartered Mediator of the ADR Institute of Canada and a member of Mediate B.C. (Civil and Child Protection Rosters), the Law Society of British Columbia, Canadian Bar Association, B.C. Arbitration and Mediation Institute, and the Commercial Mediation Association.

She served from 2003 to 2007 as President of Mediate B.C, and taught Mediation Advocacy as an Adjunct Professor at the University of British Columbia, Faculty of Law. She also acted as Manager of the Small Claims Court Pilot Project launched in 2007 for the Dispute Resolution Office of the Ministry of Attorney General, and as a Mentor in the Child Protection Mediation Practicum Program.

A frequent CLE presenter, Ms. Cattell has written and spoken extensively on construction and commercial litigation and alternate dispute resolution and teaches the Fundamentals of Mediation course for CLE. Since 2003 she has provided negotiation consulting and training to clients around the world with ENS International based in Sydney, Australia, a global consulting network in over 48 countries and 10 languages.

Dispute Resolution Experience and Training

  • Completed mediation training through CLE and started mediating in 1998 and arbitrating in 2006
  • Completed mediation practicum with CDRC (Canadian Dispute Resolution Corporation)
  • Completed professional negotiation training and certification with ENS International in 2003
  • Served from 2003 to 2007 as President of Mediate BC
  • Taught Mediation Advocacy at the UBC Faculty of Law from 2003 to 2007, has taught the Fundamentals of Mediation course for CLE since 2013, and is a frequent presenter and author on ADR
  • Co-chaired the CLE Annual ADR Conference in 2006, 2012, 2014, and was a speaker in 2007, 2008, 2009 and 2015
  • Became lead instructor of the CLE Fundamentals of Mediation course in 2013
Professional and Other Activities

  • Appointed Queen’s Counsel in 2006
  • Chartered Mediator of the ADR Institute of Canada
  • President of BC Dispute Resolution Practicum Society, now Mediate BC, from 2002 -2007
  • Member of the Law Society of BC and the Canadian Bar Association
  • Member of the Commercial Mediation Association
  • Appointed to the Health Professionals Review Board in 2013 and the Civil Resolution Tribunal in 2015
  • Past Board member of the B.C. Civil Resolution Tribunal, Health Professions Review Board and the West Vancouver Community Foundation
  • Past National Chair of the Women’s Legal Education & Action Fund (“LEAF”), Director and Vice-President of West Coast LEAF
  • Past President of Mediate B.C. and Executive Member of the CBA (BC Branch) Women Lawyers Forum
Academic Qualifications

LL.B., University of Victoria – 1985
B.A., Honours, University of Victoria – 1982