Joe McArthur, FCIArb.
Partner | Vancouver
Vancouver: 604-631-3383

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).

SELECT EXPERIENCE

Recent representative matters include:

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

Arbitral Appointments

  • 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

AWARDS & RECOGNITION

Joe has been recognized as a leading lawyer by a number of publications including:

  • Legal Media Group's Guide to the World's Leading Commercial Arbitration Lawyers (Commercial Arbitration)

  • The Best Lawyers in Canada (Corporate and Commercial Litigation, Alternative Dispute Resolution, International Arbitration and Appellate Practice; named Best Lawyers' 2014 Vancouver Appellate Law "Lawyer of the Year")

  • Chambers Global: The World's Leading Lawyers for Business (Dispute Resolution: British Columbia)

  • Chambers Canada: Canada's Leading Lawyers for Business (Dispute Resolution: British Columbia - One client noted that Joe "is a great counsel; he works very well with evidence and is good at presenting a complicated matter in a short period of time.")

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (Litigation Star: Arbitration, Aboriginal, General Commercial and Securities)

PUBLICATIONS
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Co-author: Still Can't Search This: B.C. Court of Appeal Affirms Global Restraining Order Against Google
Internet and E-Commerce Law in Canada, Volume 16, No. 4, August 2015.
Co-author: Still Can't Search This: B.C. Court of Appeal Affirms Global Restraining Order Against Google
JDSupra Business Advisor, June 15, 2015.
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PROFESSIONAL APPEARANCES
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Speaker: Innovation in Arbitration
2017 Spring Symposium: Arbitration Design and Innovation, Young Canadian Arbitration Practitioners, Vancouver, British Columbia, June 6, 2017.
Co-panellist: The Art of Arbitration: Role of In-House Counsel
Blakes Business Class Seminar, Toronto, Ontario, May 30, 2017.
Speaker: Arbitrator or Judge?
Commercial Arbitration: A Practical Roadmap for Arbitrating Commercial Disputes, Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, April 21, 2017.
Speaker: Injunctions and Urgent Relief
Commercial Litigation 2016, Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, June 23, 2016.
Speaker: An Update on Good Faith in the Performance of Contracts
Civil Litigation Section Meeting, Canadian Bar Association - BC Branch, Vancouver, British Columbia, April 13, 2016.
Speaker: An Update on Good Faith in the Performance of Contract
Canadian Bar Association - BC Branch, Civil Litigation Section Meeting, Vancouver, British Columbia, April 13, 2016.
Speaker: Arbitration Workshop: Best Practices and Drafting Tips
Blakes Business Class Seminar, Toronto, Ontario, November 24, 2015.
Speaker: The Second Key to a Successful Arbitration - An Arbitrator with Appropriate Experience
Commercial Arbitration 2015: Taking Advantage of User Control Affinity Institute, Vancouver, British Columbia, June 5, 2015.
Speaker: Dispute Resolution in First Nation Impact Benefits Agreements
9th Annual WCCAS Energy, Mining and Resources Arbitration Conference, Calgary, Alberta, May 12, 2015
Speaker: Arbitrate, Mediate and Negotiate: The Law and Practice of Dispute Resolution Clauses
Association of Corporate Counsel (British Columbia), Vancouver, British Columbia, May 21, 2015
Speaker: ADR and Shareholders' Disputes: Arbitrating Oppression
Shareholders' Disputes 2015, Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, April 22, 2015.
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MEDIA APPEARANCES
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Mentioned: Canadian Big Suits
Article by Marlisse Silver Sweeney, The American Lawyer, March 28, 2016.
Mentioned: Noteworthy decisions as selected by Lexpert in the March 2016 issue
Lexpert Magazine, March 15, 2016.
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