Robert Wisner

Profile

Robert Wisner is a partner in the Litigation department of McMillan LLP and its Co-Chair, International Arbitration. His practice focuses on international commercial arbitration, investment treaty arbitration and cross-border business litigation.

Robert has argued numerous cases before international arbitral tribunals and has appeared at all levels of the Ontario and Federal courts as well as before various administrative tribunals. These cases have involved matters of private and public international law, joint venture and shareholder disputes, complex commercial contracts and competition law or regulatory issues.

Robert has been described “as ‘a leader in his field’ through his premier international commercial and investor state arbitration work” (Who’s Who Legal 2012). McMillan has also been ranked amongst the world’s top 100 practices by Global Arbitration Review for eight consecutive years.

Many of Robert’s clients are involved in the mining, energy, aviation, infrastructure or telecommunications sectors and carry on business in emerging markets. He speaks English, French and Spanish.

Directorships and Professional Associations

Past Chair, Programs Committee, Toronto Commercial Arbitration Society
Founding Member, Arbitration Roundtable of Toronto
Past Chair, Business Dispute Resolution Committee, International Law Section, Canadian Bar Association

Representative Transactions

Counsel in international and domestic commercial arbitrations
involving parties in Canada, Western Europe, Asia and Africa.
Recent matters include:

ICC (Geneva): Acting for Brilliant Resources against the Republic of Equatorial Guinea in a dispute arising from an exploration services agreement. The company has publicly disclosed a settlement entitling it to US$31.5 million in compensation.
ICC (Paris): Representing a major international mining company in a $100 million dispute arising out of a joint venture agreement with a West African state owned entity and a related stability agreement with the State.
ICC (Paris, Vancouver): Successfully defending claims totaling in excess of $12 million against a Canadian aviation company brought by Middle Eastern and German companies arising out of an international sales contract.
ICC (Montreal): Acting for a major Canadian energy company defending claims by a Spanish energy company in excess of US$115 million arising out of a long term supply agreement.
Ad Hoc (Toronto): Acting for a minority shareholder in a major Canadian privately-held company in a dispute involving claims of oppression and breaches of a shareholders’ agreement.
BCICAC (Vancouver): Acting for a Canadian mining company in a dispute arising out of an option and joint venture agreement.
KLRAC (Kuala Lumpur): Representing an international engineering company in claims against a Malaysian state owned entity relating to the construction of a power plant.
MNAC (Ulan Bator): Acting for a Canadian mining company in a dispute relating to a mining license transfer agreement

Counsel in investment treaty arbitrations against states in North and South America, Eastern Europe and Central Asia arising out of the mining, energy, forestry, steel, financial services, transportation, and airport services sectors. Recent matters include:

UNCITRAL (The Hague): Acting for a Canadian mining company seeking $70 million in compensation from the government of Ecuador for expropriation of mining concessions.
UNCITRAL (The Hague): Acting for a Canadian investor in an eco-tourist resort in a $34 million dispute against the government of Barbados.
ICSID (A(F) (Washington, DC): Acting for Canadian investors in Costa Rica in one of the first cases under a Canadian bilateral investment treaty
NAFTA: Advising a trade association regarding potential claims against the government of Canada.

Appearing before the Ontario Superior Court, the Federal Court of Canada and various administrative tribunals in disputes relating to international arbitrations, foreign litigation, corporate-commercial and regulatory matters. Recent matters include:

Successfully enforcing a Chinese arbitral award in Ontario.
Successfully resisting enforcement of a foreign arbitral award against a Canadian telecommunications company.
Successfully enforcing an Italian judgment in Ontario
Counsel to a Canadian telecommunications company in proceedings by the Canadian Competition Bureau.
Counsel for an infrastructure project company in a judicial review of an Ontario administrative tribunal decision.
Appearing before the Ontario Mining and Lands Commission.

Awards and Rankings

Robert has been consistently recognized in a number of legal directories, including:

Chambers Global: the World’s Leading Lawyers for Business;
Who’s Who Legal;
Best Lawyers in Canada;
Benchmark Litigation;
Lexpert; and
Legal Media Group’s Guide to the World’s Leading Experts in Commercial Arbitration

Robert has also been recognized by Lexpert as a leading Global Mining Lawyer for his dispute resolution work in that sector.

Teaching Engagements

Lecturer, Osgoode Hall Law School, Certificate in Mining Law
Lecturer, Osgoode Hall Law School, LL.M. in Alternative Dispute Resolution

Media Mentions

Quoted in The Northern Miner regarding international arbitrations against states
Interviewed on CBC Radio regarding foreign investment disputes involving Canadian mining companies
Quoted in Lexpert, the Canadian Bar Association’s National Magazine, and the Canada-China Business Forum regarding foreign investment disputes
Quoted in the National Post and the Toronto Star for his appearance on behalf of the Prospectors and Developers Association of Canada before the House of Commons Standing Committee considering the proposed Bill C-300 (seeking to regulate the activities of Canadian mining, oil & gas companies in developing countries)

Publications

November 2013
understanding the impact of Canada’s ratification of the ICSID convention international trade bulletin

April 2012
restraining the long arm of Ontario courts: Supreme Court of Canada clarifies private international law litigation bulletin

February 2012
Canada and China conclude major investment treaty negotiations International Trade Law Bulletin

2011
Canada Chapter in The Arbitration Review of the Americas Co-authored: Robert Wisner and Markus Koehnen

March 2011
restraining the long arm of Ontario courts: Supreme Court of Canada clarifies private international law litigation bulletin

June 2010
Confrontation – Techniques for Impeachment Cross-examination in International Arbitration 2010 (co-authored with William Rowley and Markus Koehnen)

February 2010
NAFTA Chapter in Arbitration World (3d ed.2010), edited by William Rowley

January 2010
Canada Chapter in Arbitration World (3d ed.2010) (co-authored with Markus Koehnen and David Kent), edited by William Rowley.

January 2010
Recent Developments in International Arbitration The 2010 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada

December 2009
The Russians Are Coming, But Can They Enforce Their Foreign Arbitral Award? Canadian Business Law Journal (co-authored with Wayne Gray)

December 2009
Effective Use of Economic Experts in International Arbitration: Counsel’s Role and Perspective Arbitration and Antitrust (co-authored with William Rowley and Neil Campbell)

December 2009
Canada Chapter in International Protection of Foreign Investment (co-authored with Neil Campbell)

October 2009
Court Maintains Advantages Of Arbitration – Procedural Decisions by Arbitrators Not Subject to Appeal Litigation Group Bullein

April 2009
CSR meets ADR: the new office of the extractive sector corporate social responsibility counsellor international business and trade bulletin

Presentations

November 2014
Arbitration Advocacy: The Legal Framework Advocates Society, Toronto

November 2013
Confidentiality in International Arbitration Chartered Institute of Arbitrators Conference, Toronto

October 2013
Year in Review Toronto Commercial Arbitration Society Annual Conference, Toronto

October 2012
Efficient Management of Arbitral Proceedings ICC Canada Annual Conference, Montreal

June 2011
Cross –Examination in International Arbitration New York City Bar Association, New York

October 2010
Extraterritorial Liability of Mining, Oil and Gas Companies International Bar Association Annual Conference, Vancouver

June 2010
International Commercial Arbitration Federated Press Workshop, Toronto

October 2009
Mitigating Foreign Investment Risk ICC Canada Annual Conference, Toronto

October 2009
Mitigating Foreign Investment Risk ICC National Committee Annual Conference, Toronto

October 2009
Arbitration Awards and Limitation Periods Annual Commercial and Consumer Law Conference, Montreal

October 2009
Mitigating Political Risk in International Mining Projects Mine Africa Conference, Toronto

June 2009
The Courts and Arbitration Advocates Society and Osgoode Hall Law School Program on International Arbitration, Toronto

April 2009
Mitigating Political Risk in the BRIC Doing Business in the BRIC, Toronto