Joe McArthur

Recent representative matters include:

Counsel Work

• Counsel to Owner in defending a C$500-million ICC arbitration claim regarding construction of energy infrastructure, including defending an ICC Emergency Measures Application

• Counsel to contractor in VanIAC arbitration relating to an approximately C$2-billion infrastructure contract

• Counsel for active pharmaceutical ingredient supplier in proposed national class action

• Counsel for the Chartered Institute of Arbitrators before the Supreme Court of Canada in Uber v. Heller

• Counsel for mining company in arbitration regarding a pension wind-up

• Counsel for party in international VanIAC arbitration over US$50-million loan agreement

• Counsel for design/builder of municipal infrastructure in C$25-million ICC arbitration

• Counsel for luxury hotel group in ad hoc international arbitration involving disputes under Hotel Management Agreement

• Counsel for residential owners of luxury condominium in BCICAC arbitration involving disputes regarding cost sharing with luxury hotel owner

• Counsel in international arbitration regarding a 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 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 C$100-million arbitration claim 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 C$350-million arbitration claim involving the construction of significant energy infrastructure

• Counsel in arbitration regarding dispute over the 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 VanIAC arbitration involving shareholder oppression claims

• Appointed sole arbitrator in ADRIC arbitration involving claims of force majeure in a shipping agreement

• Appointed sole arbitrator in VanIAC arbitration involving a commercial dispute in the cannabis industry

• Appointed sole arbitrator in BCICAC arbitration involving a dispute over 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

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

• The Best Lawyers in Canada - 2013-2022 (Alternative Dispute Resolution, Appellate Practice, Corporate and Commercial Litigation, International Arbitration); named Best Lawyers' 2014 Vancouver Appellate Law "Lawyer of the Year"

• Who’s Who Legal: Arbitration - 2018-2021

• Benchmark Litigation Canada Awards 2021: Canadian Arbitration Counsel of the Year

• Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2012-2021 (National Litigation Star: Arbitration, International Arbitration, Aboriginal and Securities Litigation; Provincial Litigation Star: British Columbia) – Benchmark’s analysis quotes a competitor: “Joe can do it all, but his sweet spot is arbitrations and in particular those that cross borders. He’s not only a leader in that regard but also kind of cornered a market.”

• Chambers Canada: Canadian Leading Lawyers for Business 2021 (Nationwide Arbitration and Litigation: General Commercial – British Columbia) – Chambers notes “his “strong and astute presence” across an impressive array of arbitral proceedings” and states that Joe “is particularly regarded for his wide-ranging trial experience”

• Chambers Global: The World's Leading Lawyers for Business 2020 (Dispute Resolution: Arbitration in Canada) – Chambers notes that "Joe has a firm hand and really understands arbitration theory and practice," say peers

• Chambers Canada: Canadian Leading Lawyers for Business 2020 (Nationwide Arbitration) – Chambers notes that Joe “regularly handles significant proceedings arising in a wide range of industries, including energy, technology and infrastructure"

• Chambers Canada: Canadian Leading Lawyers for Business - 2015-2020 (BC Commercial Litigation) – Chambers notes: “The "enormously talented" Joseph McArthur wins praise for his rising profile in commercial dispute resolution, with clients reporting his "excellent and very thoughtful" submissions in cases

• The Best Lawyers in Canada 2020 Vancouver Lawyer of the Year (International Arbitration)

• The Canadian Legal Lexpert Directory - 2018-2020 (Commercial Arbitration & Litigation – Corporate Commercial)

• Benchmark Litigation Canada Awards 2019: Canadian Arbitration Counsel of the Year

• Chambers Global: The World's Leading Lawyers for Business 2019 (Dispute Resolution: Nationwide Arbitration)

Joe is the Chair of the Board of Directors and Chair of the Rules Committee of the Vancouver International Arbitration Centre (formerly the BCICAC). He is a Fellow of the Chartered Institute of Arbitrators, has been recognized as a Chartered Arbitrator by the CIArb, is Chair of the Vancouver Chapter and the national Vice-Chair of the Canadian Branch of CIArb. Joe is also an invited member of the Western Canada Commercial Arbitration Society (WCCAS).

Joe regularly acts as a guest instructor on advocacy and British Columbia Supreme Court practice as part of the British Columbia Law Society's professional legal training course.

• Co-author: Enter CUSMA: Protecting Cross-Border Investment in North America Post-NAFTA
  Blakes Bulletin on Arbitration, June 24, 2020.
• Co-author: Changes Coming to Domestic Arbitrations in British Columbia
  Blakes Bulletin on Arbitration, February 24, 2020.
• Co-author: Canada Chapter
  International Arbitration Guide, Legal 500, 4th Edition, November 2019.
• Co-author: Increase in Arbitration
  ADR Forum, No. 100, September 2019.
• Co-author: Ain’t That Sweet! Court Excludes Equity Sweeteners from Criminal Interest Rate Calculation
  Blakes Bulletin on Corporate Litigation, November 1, 2018.

• Panellist: Arbitration Act Briefing
  BC Business Council, October 6, 2020.
• Speaker: The New BC Arbitration Act
  Blakes Insights Seminar, September 22, 2020.
• Panellist: New Act, New Rules, New World for BC Arbitrations
  CanArbWeek, WCCAS, September 21, 2020.
• Speaker: Virtual Reality: Experiences of Remote Arbitration
  Blakes Insights Seminar, June 25, 2020.
• Panel Chair: Hot Topics in Arbitration
  13th Annual WCCAS Energy, Mining and Resources Conference, May 7, 2019.

Admitted to the British Columbia Bar - 1995
LL.B., University of Toronto - 1994
B.A. (Political Science), Carleton University - 1991