Gary S. Snarch

Professional Experience

Gary Snarch is a chartered arbitrator (C.Arb), mediator and lawyer. He has been providing arbitral and mediation services on corporate/commercial, construction professional negligence and insurance related matters for the last 20 years.

Gary has also practiced law as a commercial litigator for 40 years appearing before all Courts including the Supreme Court of Canada and before numerous regulatory bodies. He was a senior partner with the law firm of Snarch and Allen before joining Taylor Veinotte Sullivan as Associate Counsel in 2006. He has been recognized for a number of years by LEXPERT as a leading litigation practitioner, and by Canada Benchmark as a Litigation Star.

As counsel, Gary Snarch has appeared before the:

  • Supreme Court of Canada
  • BC Court of Appeal
  • BC Supreme Court
  • Federal Court of Appeal
  • Federal Court of Canada – Trial Division
  • BC Provincial Court
  • BC Securities Commission
  • Vancouver Stock Exchange Hearing Panels
  • Investment Dealers Association (IDA) and Investment Industry Regulatory Organization of Canada (IIROC) Hearing Panels
  • Market Regulation Services Inc. (the independent regulation service provider for Canadian Equity market including the TSX and the TSX Venture Exchange)
  • BC Labour Relations Board
Professional Qualifications

  • BCL and LL.B., McGill University 1978
  • Member of the Law Society of British Columbia since 1979
  • Associate Counsel with the law firm of Taylor Veinotte Sullivan
  • Chartered Arbitrator with the British Columbia International Commercial Arbitration Centre
  • and the ADR Institute of Canada since 2005
  • Mediator with the British Columbia Arbitration and Mediation Institute
  • Member of the ADR Institute of Canada
  • Designated as a Chair for hearings with the British Columbia Employment and Assistance Appeal Tribunal
  • Previously designated as a Chair for hearings under the Investment Dealers Association, TSX and the Universal Market Integrity Rules
  • Appointed as a Panel member for British Columbia Law Society Conduct Reviews
  • Appointed as a Panel Member for mediations/arbitrations for the National Automobile Dealer Arbitration Program
  • Member of the British Columbia International Commercial Arbitration Centre Appeal Panel
  • Appointed as a Panel Chair by IIROC (Investment Industry Regulatory Organization of Canada)
Professional and Other Activities

  • Recognized by LEXPERT as an expert in Securities litigation
  • Chartered Arbitrator (C. Arb.)
  • Member of Law Society of British Columbia since 1979
  • Member of Canadian Bar Association since 1979
  • Chartered Arbitrator and Member of British Columbia Arbitration and Mediation Institute
  • Member of ADR Institute of Canada
  • Panel member of the British Columbia International Commercial Arbitration Centre
  • Continuing Legal Education Instructor and contributing author for CLE courses on Securities Litigation –Broker Liability
  • Providing regular seminars to securities industry and to members of the Canadian Securities Institute
Academic Qualifications

BCL, McGill University, 1978
LL.B., McGill University, 1978

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 Activities

Peter 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

Murray A. Clemens

Professional Experience

Mr. Clemens has practised as counsel in the field of civil litigation and administrative law since being called to the Bar in British Columbia in 1976. His practice has included appearances in all of the Superior Courts of British Columbia and the Supreme Court of Canada and before arbitration panels involving shareholders and partnership disputes, professional negligence claims, real estate, employment, securities, banking, insurance and maritime litigation.

Mr. Clemens is experienced in administrative hearings including proceedings before the Securities Commission and Disciplinary and Credential Committees of self-governing professional associations both as counsel and as legal advisor to the decision maker.

Dispute Resolution Experience and Training

Mr. Clemens is a recognized leader in a field of alternate dispute resolution, accepting appointments as arbitrator or mediator in commercial disputes. He has conducted multi-party interest arbitrations as well as complex commercial arbitrations. He has assisted parties in refining their dispute resolution processes to meet the specific requirements presented in particular disputes.

Professional and Other Activities

Murray Clemens, Q.C. held the following positions:

  • Listed Arbitrator, Canada Transportation Agency pursuant to Section 56 of the Canada Transportation Act, 1987 to present
  • Member of the Executive Committee, Vancouver Bar Association, 1985-1986
  • Member of the Provincial Council of the Canadian Bar Association, 1987 – 1990
  • Appointed Queen’s Counsel, December 22, 1993
  • Member American Academy of Attorney-Mediators, 1995 to present
  • Director, Vancouver Bach Choir 1995 to 1999
  • Trustee, British Columbia International Commercial Arbitration Centre, 1996 to 2002
  • Senior Litigation Partner, Campney & Murphy, 1980–1999
  • Fellow of the American College of Trial Lawyers, 2003 Member of American Academy of Attorney-Mediators, 1995

Mr. Clemens was appointed Queen’s Counsel, 1993. Recognized by Lexpert 2010 as a “consistently recommended leading Practitioner” in Corporate-Commercial Litigation.

Author:

  • Author – “The Lawyer – Expert Relationship From Initial Consultation Through Post Trial” paper presented to the Continuing Education Association of the Institute of Chartered Accountants of British Columbia, 1991 Canadian Correspondent for the International Insurance Law Review, Sweet & Maxwell London, 1993 to 1999
  • Editorial Board, Credit and Banking Litigation, Federated Press, Montreal, 1994 to 1999
  • Co-author of materials for International Commercial Arbitration Training Course presented by the American Arbitration Association and the North American Branch of the Chartered Institute of Arbitrators, Vancouver, B.C., May 1996
  • Author – The Advocate – “Jurisdiction to Grant Relief From Forfeiture in Commercial Arbitration”, September, 1999
  • Contributor – “The British Columbia Trial Handbook” (CLE 2003)
Academic Qualifications

University of Toronto, B.A. (Political Economy), 1972
Queen’s University, LL.B., 1975
Called to British Columbia Bar, 1976

Mr. Craig R. Chiasson

Professional Experience

Craig has acted as counsel in international commercial arbitrations and in investor-state arbitrations under bilateral investment treaties and other multilateral investment treaties, for both respondent States and claimant investors.

His international commercial arbitration experience (past and present) includes, representing:

  • A Canadian iron-ore project in relation to power issues in an ad hoc arbitration
  • A Canadian power company in relation to the sale and purchase of transformers from Chinese company under the BCICAC Rules
  • An Icelandic geothermal power producer in relation to a power purchase agreement with an Icelandic smelter project owner under the SCC Rules
  • A Canadian power company in relation to a site preparation for a transformer under the BCICAC Rules
  • A Barbados company in a dispute with a Canadian company relating to health products in an ad hoc arbitration
  • A Chinese company in a dispute with a Canadian company in relation to the manufacture and sale of raw materials for industrial building under BCICAC Rules
  • A Canadian design and construction joint venture in a dispute with an owner under the UNCITRAL Rules
  • A Canadian design and construction company in a dispute with a supplier relating to highway structure
  • A Canadian pharmaceutical development company in an ICC arbitration
  • An English marine equipment company in an ICC arbitration
  • A Canadian mining company in an UNCITRAL arbitration
  • A Portuguese cement company in an ICC arbitration
  • A US satellite manufacturer in an ICC arbitration and ad hoc proceedings
  • A Korean shipbuilding company in an ICC arbitration
  • A French nuclear power plant contractor
  • A major international financial institution in an ICC arbitration
  • An Albanian mobile telephone company
  • A Russian energy company in an ICC arbitration
  • A Canadian software company in two international arbitrations under the BCICAC rules
  • A Greek financial institution in a dispute relating to the purchase of a foreign financial institution

His commercial arbitration experience (past and present) as arbitrator includes:

  • Sole arbitrator in an international commercial arbitration under the BCICAC Rules arising from a consultancy agreement
  • Sole arbitrator in an international commercial arbitration under the BCICAC Rules arising from a royalty agreement

His investment treaty experience includes advising:

  • An European State on issues arising out of an investor’s claims for breach of the Energy Charter Treaty relating to the revocation of power-generation concessions
  • An African State on issues arising out of an investor’s claims for breach of a bilateral investment treaty relating mining rights
  • An international energy company on issues arising out of its claims for breach of relevant bilateral investment treaties in relation to its assets in a South American State
  • An international energy company on issues arising out of its claims for breach of relevant bilateral investment treaties in relation to its assets in a CIS State

Craig has also acted as tribunal secretary to Jan Paulsson in Pantechniki S.A. Contractors & Engineers v. Republic of Albania (ICSID Case No ARB/07/21) and in an ICC case to Noah Rubins relating to the dismantling, transportation and reconstruction of a steel plant.

He has appeared as counsel in ICC, UNCITRAL, ICSID, SCC, BCICAC and ad hoc arbitration proceedings and in the Appeal, Supreme, and Provincial Courts of British Columbia.

Professional and Other Activities

  • Member of the Roster of Arbitrators of the British Columbia International Commercial Arbitration Centre (BCICAC)
  • Member of International Chamber of Commerce (ICC) Canada’s Arbitration Committee, including as a member of its list of arbitrators
  • Advisory Board Member of the International Arbitration Law Project of the Uniform Law Conference of Canada
  • Member of the International Council for Commercial Arbitration (ICCA)
  • Member of the London Court of International Arbitration
  • Advisory Board Member of the Institute for Transnational Arbitration
  • Member of the International, Canadian and Vancouver Bar Associations
  • Contributor to International Law Office on issues of international arbitration
Academic Qualifications

Qualified Solicitor of England and Wales, 2011
Qualified Barrister and Solicitor of the Law Society of BC, 2002
University of Alberta, LLB, 2001
University of British Columbia, BEd, 1995
University of British Columbia, BA, 1992