Joe McArthur

Mr. McArthur practises arbitration as both counsel and arbitrator in a range of industries, including mining, infrastructure, utilities, financial services and technology.

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).

SELECT EXPERIENCE

Recent representative matters include:

Arbitral Appointments

Appointed sole arbitrator in BCICAC arbitration involving a dispute over sports sponsorship rights

Appointed sole arbitrator in BCICAC international arbitration under California law involving a dispute over an agreement for the production and sale of fresh produce

Appointed to a three-member panel under the ICC Arbitration Rules involving a dispute over a breached settlement agreement between Canadian and American companies

Appointed to a three-member panel under the ICC Arbitration Rules involving a C$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 a three-member arbitration panel regarding agency dispute

Appointed sole arbitrator in an ad hoc arbitration involving a franchise dispute

Appointed sole arbitrator in a BCICAC share valuation dispute

Appointed sole arbitrator in a number of ICDR commercial contract disputes

Appointed to a three-member arbitration panel regarding a dispute over a South American mining concession

Counsel Work

Counsel in international arbitration under the Ontario International Arbitration Act regarding mining Joint Venture dispute

Counsel in international arbitration under the ICDR International Rules regarding a dispute in the blockchain technology industry

Counsel in ad hoc arbitration regarding audit rights under a mining joint venture

Counsel in arbitration under the Ontario Arbitration Act regarding a dispute involving the provision of financial technology

Counsel in LCIA arbitration between Canadian, Bermudian and Czech entities involving dispute over the sale of Mongolian mining assets claims and counterclaims in excess of US$30 Million

Counsel for contractor in a C$100-million claim regarding the construction of a high voltage transmission line

Counsel to Lindt & Sprüngli Canada in court proceedings regarding contract and agency dispute

Counsel in lengthy arbitration involving a $350 million claim on 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

Mr. McArthur writes regularly on arbitration issues and is a frequent speaker at arbitration conferences.  Mr. McArthur is a Fellow of the Chartered Institute of Arbitrators and has qualified as a Chartered Arbitrator by the Chartered Institute of Arbitrators.  He is also an invited member of the Western Canadian Commercial Arbitration Society.

He has been recognized as a leading lawyer in dispute resolution and arbitration by a number of publications including Chambers Global, Chambers Canada, Best Lawyers in Canada, Expert Guides’ Guide to the World’s Leading Experts in Commercial Arbitration, Lexpert Canada, WWL Canada and Benchmark Canada. 

Recognition includes Benchmark Litigation Canada Awards 2019: Canadian Arbitration Counsel of the Year and The Best Lawyers in Canada 2020 Vancouver Lawyer of the Year (International Arbitration).