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 Co-chair of the Firm's International Dispute Resolution group. He regularly advises on domestic and international arbitrations as counsel and is available for appointment as arbitrator. He is a member of the American Arbitration Association's International Centre 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:

  • Appointed sole arbitrator in BCICAC share valuation dispute
  • Appointed to three member arbitration panel regarding agency dispute
  • Appointed sole arbitrator in a number of ICDR commercial contract dispute
  • Appointed to three member arbitration panel regarding dispute over South American mining concession
  • Counsel in arbitration regarding public-private-partnership infrastructure financial arrangements
  • Counsel in arbitration involving the operation of energy infrastructure
  • Counsel in arbitration involving the construction of energy infrastructure
  • Counsel to Suncor Energy Marketing Inc. in a dispute with Suncor's terminal operator in Prince Rupert over the operator's obligations to receive, store and ship Suncor's petroleum coke
  • Counsel to CHC Helicopters in an arbitration over the purported termination by VIH Helicopters of CHC's participation in a Hibernia helicopter contract
  • Counsel to Envirogold Holdings Ltd., an Australian mining firm listed on the Australian Securities Exchange, in an international arbitration
  • 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
AWARDS & RECOGNITION

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

  • Legal Media Group's Guide to the World's Leading Commercial Arbitration Lawyers 2015 (Commercial Arbitration)
  • The Best Lawyers in Canada 2016 (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 2015 (Dispute Resolution: British Columbia)
  • Chambers Canada: Canada's Leading Lawyers for Business 2016 (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 2015 Edition (National Litigation Star: Arbitration, International Arbitration, Aboriginal and Securities Litigation; Provincial Litigation Star: British Columbia)
PUBLICATIONS
Show Past:
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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.
Co-author: Investor-State Arbitration: Permanent Court of Arbitration Grants Largest Arbitral Award in History
Alternative Dispute Resolution Committee Newsletter, International Association of Defense Counsel, September 2014.
Blakes Bulletin on Litigation & Dispute Resolution, August 2014.
Co-author: Canada's British Columbia Supreme Court Breaks New Ground Granting Global Restraining Order Against Google
World Data Protection Report, Bloomberg BNA, Vol. 14, No. 7, July 2014.
Blakes Bulletins on Litigation & Dispute Resolution, June 2014.
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PROFESSIONAL APPEARANCES
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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: Noteworthy decisions as selected by Lexpert in the March 2016 issue
Lexpert Magazine, March 15, 2016.
Quoted: B.C. court flexes its cross-border muscle
Article by Julius Melnitzer, Financial Post, June 26, 2014.
Quoted: B.C. Court of Appeal relaxes standards for granting Mareva injunctions
Article by Julius Melnitzer, Financial Post, June 17, 2014.
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