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Joe McArthur, FCIArb.

Joe McArthur, FCIArb.
Joe McArthur, FCIArb. Partner | Vancouver
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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

Awards & Recognition

Joe has been recognized as a leading lawyer in a number of publications and awards, including:

  • Chambers Canada: Canada’s Leading Lawyers for Business (2019–2023: Dispute Resolution: Arbitration – Nationwide; 2021–2023: Litigation: General Commercial – British Columbia) In the 2023 edition, one client notes: “Joe brings clarity, strategy, leadership and a deep knowledge of the law. He is engaging to work with and leads a responsive, high-performing team.”; Another client says: “He is always great to work with.”

  • Chambers Global: The World's Leading Lawyers for Business – 2019–2021 (Dispute Resolution: Arbitration – Nationwide)

  • The Legal 500 Canada 2023 (Dispute Resolution: British Columbia – Hall of Fame) Legal 500 notes that Joe’s “capability for mining, infrastructure, financial services and utilities proceedings renders him a household name.”

  • Who’s Who Legal: Arbitration – 2018–2022

  • Who’s Who Legal: Canada – 2018–2022 (Arbitration) In the 2022 edition, he is noted as “a long-standing fixture in the market who is highly sought after by clients in the mining, infrastructure, utilities and financial services sectors.”

  • Who’s Who Legal: Global 2022 (Arbitration and Dispute Resolution)

  • The Best Lawyers in Canada – 2013–2022 (Alternative Dispute Resolution, Appellate Practice, Corporate and Commercial Litigation, International Arbitration)

  • The Canadian Legal Lexpert Directory – 2018–2021 (Commercial Arbitration & Litigation – Corporate Commercial)

  • Benchmark Canada Awards – 2019 and 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.”

  • Best Lawyers Awards (2020: Vancouver International Arbitration “Lawyer of the Year”; 2014: Vancouver Appellate Law “Lawyer of the Year”)

Professional Activities

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.

Publications
Professional Appearances
  • Panellist: New VanIAC International Commercial Arbitration Rules
    Vancouver International Arbitration Centre, June 15, 2022.
  • Panellist: Arbitration: Everything an In-House Lawyer Needs to Know
    Canadian Corporate Counsel Association - BC, Apr 7, 2022.
  • Guest Lecturer: Gold Standard Arbitration Course
    Toronto Commercial Arbitration Society, December 8, 2021.
  • Co-chair: Arbitration From Nose to Tail – Parts 1 and 2
    Vancouver International Arbitration Centre, May 6 and 13, 2021.
  • Guest Lecturer: Advanced Contract Law
    Allard Law School, March 9, 2021.
  • 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.
Media Activities
  • Quoted: Arbitration disputes in infrastructure increasing in number, size and complexity
    Article by Aiden Mcnab, Lexpert Special Edition: Infrastructure, June 15, 2022.
Education
Admitted to the British Columbia Bar – 1995
LLB, University of Toronto – 1994
BA (Political Science), Carleton University – 1991
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