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 Court proceedings regarding the setting aside of a US$20-million arbitration claim involving a venture capital financing of a clinical-stage pharmaceutical company

  • Counsel for contractor in a dispute regarding the construction of a high voltage transmission line

  • Counsel in LCIA arbitration between Canadian, Bermudian and Czech entities involving dispute over the sale of Mongolian mining assets

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

  • Counsel for utility 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 Financial CAD'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 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

AWARDS & RECOGNITION

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

  • Chambers Canada: Canadian Leading Lawyers for Business 2019 (Dispute Resolution: Nationwide Arbitration – Chambers comments that Joe “attracts praise as a ‘very bright light’ in the arbitration space and is noted for his skillful representation of clients in the mining, construction and utilities sectors". Chambers quotes a client’s comment that Joe “is knowledgeable, practical and very pleasant to work with”.)

  • The Best Lawyers in Canada 2013-2019 (Corporate and Commercial Litigation, Alternative Dispute Resolution, International Arbitration and Appellate Practice; named Best Lawyers' 2014 Vancouver Appellate Law "Lawyer of the Year")

  • The Canadian Legal Lexpert Directory 2018 (Litigation - Corporate Commercial)

  • Who’s Who Legal: Arbitration 2018

  • Legal Media Group's Guide to the World's Leading Commercial Arbitration Lawyers 2016-2018 (Commercial Arbitration)

  • 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.")

  • Chambers Global: The World's Leading Lawyers for Business 2015 (Dispute Resolution: British Columbia)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys 2012 (Litigation Star: Arbitration, Aboriginal, General Commercial and Securities)

PUBLICATIONS
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PROFESSIONAL APPEARANCES
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Co-panellist: The Art of Arbitration
Blakes Business Class Seminar, Vancouver, British Columbia, November 21, 2017.
Co-panellist: Defending the Front Line: Your Role in Domestic and International Arbitrations
Association of Corporate Counsel Annual Meeting, Washington, D.C., October 17, 2017.
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.
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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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