Industry Experience

Construction Industry –Arbitrator in disputes relating to construction and infrastructure projects, including construction of power generating facilities, light rapid transit systems, mining projects, district energy systems, floating production, storage and off-loading vessels (FPSO’s), roads and highways, dams, pipe-lines, hydro-electric and aero-derivative turbine installations, metal furnaces, marine facilities, residential and industrial complexes.

Energy Industry – Arbitrator in disputes concerning operating agreements, processing agreements for offshore oil and gas,  long-term LNG supply agreements, resource allocation, royalty obligations, off-gas agreements, operation of LNG fractionation plants, options and joint-venture agreements, district energy systems, geothermal power plants, coal-fired power plants, Power Purchase Arrangements, force majeure, termination and HILP events, the construction or repair of petrochemical towers, hydro-electric and aero derivative turbines, boilers, pipelines, access roads, tunnels and dams, and the sharing of revenues. Extensive experience with economic analysis, market forecasting, cost-estimating, discount rates, good operating practices and similar issues.

Intellectual Property – Arbitrator in numerous disputes relating to technology and intellectual property issues, including patents (portfolio valuation applying FRAND principles, challenges to validity and infringement, patent construction, patent license agreements, royalties) and other disputes under license and sub-license agreements, software development agreements, sponsored research agreements, marketing and distribution agreements. Relevant industries have included human and veterinary pharmaceuticals, cellular communications, fiberoptic transmission, software design, metallurgical processing and entertainment concepts.

Manufacturing and Distribution – Arbitrator in disputes involving manufacturers and distributors of various products, including heavy equipment, aerospace equipment and services, health-food products, pharmaceutical products, alcoholic beverages, vegetables and computer software, including patent and trade-mark disputes, antitrust disputes, franchise, marketing, strategic alliance and distribution agreements. Arbitrator of numerous disputes under licensing agreements.

Mining Industry – Arbitrator in disputes involving gold, diamond, copper and poly-metallic properties in North America, Latin America and Africa. Good working knowledge of the industry and its practices, including mine construction and engineering, option agreements, joint ventures and public and private financing alternatives (including streaming agreements).

Partnerships and Joint Ventures– Arbitrator in disputes concerning joint venture arrangements, particularly in the mining, construction, energy and real estate industries. Arbitrator of several disputes among principals and between principals and investors of both private and listed venture capital funds, Arbitrator of several highly contentious disputes among former law partners arising upon partnership dissolution. Also arbitrator and counsel in oppression and oppression-related corporate proceedings. Issues have included questions of dilution, responsibility for capital contributions, carried-interests, third party financing obligations and related matters.

Finance and Capital Markets – Arbitrator of three separate disputes relating to private equity investment business and venture capital funds including disputes arising out of refusals to fund, claims of securities fraud, misrepresentation and breach of fiduciary duty, alleged misuse of powers of attorney, and compensation disputes. Extensive experience as counsel in securities and secured lending disputes.

Real Estate, Local Governments and Leasing – Arbitrator in numerous proceedings concerning real estate issues, including rent renewals and reviews, joint venture agreements, sale and purchase issues. Good working knowledge of appraisal and business valuation issues and practice. Arbitrator of several statutory arbitrations to resolve disputes among local governments under the Community Charter and the Local Government Act. Arbitrator of disputes between local government and waste disposal service provider.

Transportation Industry – Counsel and advisor to transportation industry on a range of issues including arbitration of disputes between coal producers/shippers and operators of a port terminal facility, arbitration of disputes between a carrier and a shipyard concerning ferry construction issues, counsel in the court of appeal concerning ferry rate determinations made by a regulator, involving competition law considerations, advisor to shippers of coal and other minerals concerning contract disputes with marine carriers, counsel to a rail carrier in court and arbitration proceedings concerning various issues, including issues arising from the disposition of container terminal facilities and inland ferry services.