Mediator Resume

As arbitrator, has presided over disputes in sectors including renewable energy (solar, wind), petrochemical supply contracts, and software licensing failures. Served as Chair, co-arbitrator, and sole arbitrator in complex, multi-party international commercial disputes in Canada, the U.S., and internationally.

Bay Street Chambers, Toronto and Arbitra International, London - Independent Arbitrator

Arbitrator and Mediator

Independent Mediator and Arbitrator, Bay Street Chambers, 2012 - Present; Partner, Baker & McKenzie LLP, 1996 - 2012; Partner, Gardiner, Roberts, 1974 - 1996.

Particular subject matter expertise as arbitrator includes: 1) Equipment failure disputes involving complex and technical matters, in particular experience respecting oil and gas, petrochemical, mining, electrical distribution and manufacturing equipment failures, satellite failures, cellular radio equipment and semiconductor fabrication issues 2) Cross-border IT, software and IP licensing disputes 3) Joint venture and partnership disputes, particularly in the high-tech, energy and oil and gas sectors 4) Investor-State cases involving infrastructure construction projects 5) Commercial disputes involving internationally sanctioned individuals and entities. A graduate electrical and electronics engineer, with a specialty in semiconductor fabrication and integrated chip design.

Industrial mechanical equipment disputes, in particular respecting oil and gas and manufacturing equipment, accountants’ negligence claims, allegations of misrepresentations in M & A and share transactions, Insurer/re-insurer disputes, joint venture and contract disputes in the energy sector and First Nations housing disputes.

I treat mediations as a serious and formal part of the dispute resolution process and I expect counsel and the parties to approach the mediation in the same manner. I require formal briefs, focusing more on the facts at issue, rather than fine legal points. I try and act as an “agent of reality” and engage both the parties and their counsel in this exercise. I have no issue with providing my views as to potential outcomes of any ongoing litigation or arbitration. I am also not one to push for “settlement at any cost.” I recognize mediation can be an iterative process and it may take time for parties who have been entrenched in a particular position to adjust to the reality of their situation, particularly if parties are from different cultures or legal backgrounds.

Familiar with and highly proficient in all forms of meeting software and apps, document retention and search programs and technologies including artificial intelligence and beta testing.

York University (LLM, International Business law - 1992); University of Ottawa (LLB - 1974); Carleton University (B, Engineering - 1971).

Admitted to the Bar, Ontario (1976).

American Arbitration Association Advisory Council to the Board of Directors; Chair of the ICDR Canada Advisory Council; Fellow, Chartered Institute of Arbitrators. Member of Toronto Commercial Arbitration Society and the Chartered Institute of Arbitrators.

Author of ARBITRATION LAW OF CANADA: PRACTICE AND PROCEDURE, 4th edition, Juris Publishing, 2022; Contributor to: • International Arbitration Checklists (Juris), • Alternative Dispute Resolution, (Aspatore Books), • Arbitration World 4th Ed. (Sweet & Maxwell), • the Ultimate Corporate Counsel Guide, (CCH), • A Practitioner’s Guide to Commercial Arbitration, (Irwin), • Jura Novit Curia in International Arbitration, (Juris), Recent lectures and articles include: • How to handle international issues in AAA arbitrations- AAA/ICDR Conference • Interim and permanent injunctive relief in mining disputes. – ITA Mining Conference, Toronto Arbitration Week. • Recent developments in Arbitrator disclosure- London International Disputes Week • Virtual Arbitration Hearings When a Party Objects: Are There Enforcement Risks?- New York State Bar Journal. • Post Covid Developments in Procedural Techniques - ITA-IEL-ICC Joint Conference on International Energy Arbitration, Houston. • Managing Cultural Differences in International Arbitration – Juris Leading Arbitrators Seminar, Vienna

No travel expenses including air fare and hotels are charged for arbitration hearings in New York or Miami.

Hourly Rate: $900.00 Daily Rate: Not provided Study Rate: $900.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No travel time charges.

Canada

Canada