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

Prof. Doug Jones

Professional Experience

Doug Jones is an international infrastructure and dispute resolution lawyer, and a Sydney-based partner in the Australian Law firm of Clayton Utz, where he heads the International Arbitration Group. He is a Chartered Arbitrator and door tenant at Atkin Chambers, London. He is a Professorial Fellow at Melbourne University and an Adjunct Professor at Murdoch University, Australia.

Doug Jones is one of the leading arbitrators in the Asia-Pacific region having experience of both ad hoc and institutional commercial arbitrations under the UNCITRAL, ICC, LCIA, AAA, SIAC, KLRCA, HKIAC, ACICA, DIAC and other International Rules. He sits regularly as Arbitrator in London; in addition to many other jurisdictions, from Singapore to California, Dubai to Kuala Lumpur.

The arbitrations in which he has been involved include Infrastructure, Energy, Commodities, Intellectual Property, Commercial and Joint Venture disputes with sums claimed up to US$1 billion.

Dispute Resolution Experience and Training

Doug has had over 30 years experience in project work, as Counsel in international and domestic arbitrations and mediations, and as an Arbitrator (sole, party appointed and chair). Recent arbitral appointments include (Please refer to website for complete listing):

Position Seat Rules Dispute
Member 3 person Tribunal Hong Kong ICC Construction Supply dispute
Member 3 Person Court Panel London LCIA Appeal against arbitrator
3 Person Tribunal Kuala Lumpur UNCITRAL Oil and gas dispute
Chairman Dubai ICC Construction dispute
Member 3 person Tribunal London ICC Sewerage Plant Construction Dispute

Doug Jones uses a flexible approach as the key to success in ADR procedures.

  • Chartered Arbitrator and Fellow, Chartered Institute of Arbitrators (UK)(2007)
  • Graded Arbitrator and Foundation Fellow, Institute of Arbitrators & Mediators Australia (1985)
  • Fellow, Arbitrators and Mediators Institute of New Zealand, (AMINZ) (2012)

Certificate of Completion (Dispute Resolution Board Australasia Inc, Lessons Learned Workshop) 2010

Professional and Other Activities

Doug Jones has published and spoken extensively and holds Professorial appointments at two Australian Universities. Highlights of Mr. Jones’s litigation career include (Please refer to website for complete listing):

  • President, Australian Centre of International Commercial Arbitration
  • Past President (2011) Chartered Institute of Arbitrators (London)
  • Member of the LCIA Court
  • President of the Dispute Resolution Board of Australasia Inc.
  • Honorary Fellow, American College of Construction Lawyers
  • Vice President, Asia Pacific Regional Arbitration Group
  • Member, Australian Council of International Project Finance Association
  • Honorary Fellow, Canadian College of Construction Lawyers
  • Editorial Board Member, Global Arbitration Review
  • Member, ICC Australia Arbitration Committee
  • Arbitrator member, Society of Construction Arbitrators (London)
    • Recognized locally and internationally for dispute resolution and project expertise. Doug sits as an international commercial and investor/state arbitrator. His experience in International Arbitration and Construction has regularly been recognized by his peers.
    • Doug Jones has been described as “a phenomenon” and “the statesman of the industry'” by Chambers Asia Pacific (2012). He is recognized as one of the most in demand arbitrators and received a band one ranking in the International Arbitration Category.
    • He was also ranked in the Projects category and was ranked band one for dispute resolution (Arbitration) in Australia by Chambers Asia Pacific (2012)
    • Doug Jones is named one of only five ‘star individuals’ in Australia, by Chambers Asia Pacific (2011)
Academic Qualifications

B.L., University of Queensland, 1972
B.A., University of Queensland, 1974
M.L., University of Queensland, 1977

 

Professor J. Martin Hunter

Professional Experience

Professor Martin Hunter started his career in law as a solicitor and was a partner in Freshfields from 1967 until joining Essex Court Chambers in 1994. In 1995 he was appointed to the newly-established chair of International Dispute Resolution at Nottingham Trent University. He is also a visiting professor at King’s College, London University, where he teaches international arbitration to post-graduate students from around the world.

Professor Hunter is a member of the Council of ICCA, and has participated in the work of a number of organisations including the AAA, the IBA, the ICC’s Court, the LCIA’s Court and UNCITRAL. He is currently chairman of the Board of Trustees of the Dubai International Arbitration Centre, and was deputy-chairman of the UK Government’s committee on arbitration law reform, which was responsible for steering the English Arbitration Act 1996 through Parliament.

Dispute Resolution Experience and Training

Martin Hunter has specialised in arbitration, particularly international arbitration, since 1967. He has acted as advocate, sole arbitrator or as chairman or member of tribunals of three arbitrators on many occasions. These include AAA, CDP, CIETAC, JCAA, ICC, ICDR, LCIA, LMAA, NAFTA, NAI, SCC and SIAC arbitrations, as well as arbitrations under the UNCITRAL Arbitration Rules and other types of ad hoc arbitration.

He has also represented parties in mediations and other ADR procedures and has acted as a mediator. He was Chairman, ICC Arbitration Commission’s Working Group on Dissenting Opinions and Interim and Partial Awards (1985—89) and Deputy Chairman, United Kingdom Department of Trade and Industry Committee on arbitration law (1990—97).

A list of reported cases is available on request clerksroom@essexcourt.net .

Professional and Other Activities

  • Doctor of Law (he), KIIT University, India;
  • Emeritus Professor, Nottingham Trent University;
  • Hon Dean of Post-Graduate Studies, Asser Institute, The Hague.
  • Member of ICCA, the IBA, ITA (Academic Council), ICe’s Commission on International Arbitration.
  • Member of panels of arbitrators of several arbitral institutions, including CAS, CIETAC, Czech Chamber,
  • Hungarian Chamber, ICDR, Polish Chamber, SIAC.

Professor Hunter has also been published extensively in specialist arbitration journals and elsewhere over the last twenty-five years. His books include Law and Practice of International Commercial Arbitration (with Alan Redfern); The English Arbitration Act 1996: Text and Notes (with Toby Landau); and the arbitration title of Halsbury’s Laws (with Ben Pilling).

Academic Qualifications

BA, Pembroke College, Cambridge
College of Law, London

 

Marvin J. Huberman

Professional Experience

Marvin is a mediator, municipal ombudsman, and arbitrator, and is certified by the Law Society of Upper Canada as a specialist in civil litigation. He is a former administrative law judge, and adjunct law professor at Osgoode Hall Law School, where he taught legal ethics and trial advocacy.

Marvin has expertise in corporate/commercial litigation and administrative and public law, including cases involving banking, contracts, labour, corporate and shareholder remedies, securities, tax, insurance, fiduciary duties, torts, transportation law, professional liability and ethics, and constitutional/human rights. He has extensive experience with administrative/regulatory matters and constitutional/human rights disputes. He served as the Vice-Chair of the Ontario Commercial Registration Appeal Tribunal. Marvin was appointed by the Chief Justice as a member of the Civil Rules Committee (Comité des règles en matière civile), pursuant to the Courts of Justice Act (Ont.).

For over 30 years, Mr. Huberman has litigated, mediated, adjudicated as a former Vice-Chair of the Ontario Commercial Registration Appeal Tribunal, and/or arbitrated hundreds of disputes involving various forms of construction and building contracts, new home warranty and Tarion issues, owners, contractors, subcontractors, material suppliers, architects and engineers, federal, provincial, and municipal contracts, quantum meruit, damages, concurrent liability in contract and tort, tendering, surety bonds, insurance, liens, holdbacks, change orders, setoff, non-payment, trusts, and alternative dispute resolution.

Dispute Resolution Experience and Training

Marvin holds a Master of Laws Degree in Alternative Dispute Resolution from Osgoode Hall Law School, where he served as a negotiation and mediation coach. He has also served as a civil litigation and advocacy instructor at the Law Society of Upper Canada, Bar Admission Course. He was awarded the designation of Chartered Arbitrator (C.Arb.) in 2015.

Mr. Huberman has also taught, spoken about, and published in these areas throughout his professional career, including as a columnist for the trade magazines Purchasing B2B and Materials, Management and Distribution – MM&D.

Marvin has served as litigation counsel, mediator, and arbitrator in cases involving farm debts, livestock, advertising, marketing, and sales of goods, including farm products, and in the interpretation and application of relevant statutory provisions. Marvin was recently appointed as an arbitrator by the Ontario Farm Products Marketing Commission.

Marvin has been appointed to the FINRA roster of arbitrators, which is the largest securities and business dispute resolution forum in the United States among investors, brokerage firms and individual brokers.

Marvin co-authored a book entitled “A Puisne Judges’ Guide to Alternative Dispute Resolution: A Handbook for Canadian Judges on ADR in the Courts,” and published several articles, including “Pre-Trial Conferences and Alternative Dispute Resolution Techniques: Maximizing Settlement Potential,” and “ADR in the United States Federal Administrative Justice System – The Administrative Conference of the United States.” His Master of Laws thesis, “Integrating Alternative Dispute Resolution Into Administrative Justice Systems: Improving Society and Justice” was written in consultation with the Deputy Attorney General of Canada and the Department of Justice Canada.

Marvin has recently published through Irwin Law, “A Practitioner’s Guide to Commercial Arbitration”, which offers clear and practical advice and guidance on how to conduct arbitrations fairly, impartially, efficiently and effectively, in domestic and international forums.

Marvin is also a founding member of the Chief Justice of Ontario’s Committee on Professionalism in the Legal Profession (2001).

He was awarded The Lawyer International – Global Award- 2017- Law Firm of the Year- Commercial Arbitration – Canada.

Marvin was the recipient of the 2017 Corporate International Magazine Global Award: Partnership Disputes Mediator of the Year in Canada.

Marvin served as an acclaimed member of the Executive Committee of the Toronto Commercial Arbitration Society. He is the current President of the ADR Institute of Ontario, a Fellow of the Chartered Institute of Arbitrators (FCIArb), and Fellow of the Asian Institute of Alternate Dispute Resolution (FAIADR).

Visit Marvin’s website at www.marvinhuberman.com

Professional and Other Activities

  • Member of the Executive Committee of the Toronto Commercial Arbitration Society
  • ADR Institute of Ontario, Inc.: Former Member of the Board of Directors and Chair of the IP/Technology Section
  • ADR Chambers, Inc.: Mediation/Arbitration panel member
  • B’nai Brith Canada: National legal counsel and member of National Administrative Board, and Financial Management Cabinet
  • Chief Justice of Ontario′s Advisory Committee on Professionalism: Founding Member
  • Canadian Bar Association: Former Chair, National and Ontario Civil Litigation Sections
  • Civil Rules Committee: Member
  • Competition Law and Policy Task Force of the Canadian Chamber of Commerce: Former Member
Academic Qualifications

  • Osgoode Hall Law School of York University, LL.M., Alternative Dispute Resolution (1997)
  • University of Toronto (Arbitration Certification 1996)
  • Harvard Law School (Mediation Certification 1994)
  • University of British Columbia, Faculty of Law, LL.B. (1982)
  • Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada