For more than 20 years I have been focused on the resolution of business disputes. Over that time, the arbitral proportion of my practice has increased progressively, such that it now comprises a high majority, involving complex matters typically with at least tens of millions of dollars at stake.
In 2005, I obtained a Certificate in Arbitration from the Alberta Arbitration and Mediation Society (now the ADR Institute of Alberta) (ADRIA), based on 11 different relevant courses including 62 hours in attendance and additional preparatory reading and other work.
In 2014, I was admitted as a Fellow (FCIArb) of the worldwide London, UK-based Chartered Institute of Arbitrators. I have experience serving as an arbitrator including:
- Appointed as sole arbitrator on a construction dispute.
- Appointed to arbitral panel in construction dispute, involving claims totalling approximately $20 million in respect of a gas processing facility.
- Appointed as sole arbitrator for a long term commercial lease dispute.
- Appointed as sole arbitrator for franchise disputes.
I successfully represented TransCanada Energy Ltd. and ASTC Power Partnership in obtaining a decision of the Chief Justice of the Court of Queen’s Bench of Alberta, appointing arbitrators and dismissing an application to stay arbitrations commenced in relation to the termination of Power Purchase Arrangements.
In addition, I have the following related experience:
- Presentations on arbitral issues to legal and industry audiences.
- Advising on drafting arbitral clauses.
- Publishing articles on key or emerging issues in arbitration.
- Served as member of the Board of Directors of ADRIA.
- Listed on a number of arbitrator rosters in Canada and one in the United States.
- Chair of Sub-Group and member of the Steering Committee of the Uniform Law Conference of Canada (ULCC), Domestic Arbitration Legislation Group, that prepared a new uniform Arbitration Act for all of the provinces and territories in Canada, approved by the ULCC in November 2016.
- Appointed in 2016 by the Minister of International Trade on behalf of the federal government of Canada, to the North American Free Trade Agreement Advisory Committee on Private Commercial Disputes, also known as the NAFTA 2022 Committee. The Committee reports and provides recommendations to the NAFTA Commission on the availability, use and effectiveness of arbitration and other procedures for resolving private international commercial disputes in the free trade area.
- Member of the Western Canada Commercial Arbitration Society, comprised of some of Western Canada’s most experienced domestic and international commercial arbitrators.
- Founding Co-Editor of newsletter published by the ADR Institute of Canada, Inc., entitled ADR Perspectives.
I am recognized by Benchmark as a Litigation Star in arbitration, and by Who’s Who Legal as an expert in arbitration. I have been selected by my peers as one of The Best Lawyers in Canada in Alternative Dispute Resolution.
Recent examples of arbitral hearings in which I have been lead counsel (of a team of colleagues from my firm) include:
- One-week hearing in October 2011 ($50 million).
- Two-week hearing in May 2012 ($40 million).
- One-week hearing in September 2012 ($45 million).
- Two-week hearing resolved on the eve of the hearing in February 2014 ($45 million).
- One-week hearing in June 2014 (well over $100 million).
Also, I have been counsel on a number of matters related to the jurisdiction of arbitral tribunals including:
- Matters including contested applications as to the respective powers and jurisdiction of arbitral tribunals and Courts in the Province of Alberta, including a matter of significance to arbitral practice in this Province generally.
- Contested applications to arbitral tribunals including the jurisdictional boundaries as a result of time limits in the applicable arbitral clause.
- A Court application related to the loss of jurisdiction of a sole arbitrator as a result of inordinate delay in issuing the arbitral award.
I am currently available for arbitral appointments as sole arbitrator, panel member, or as Chair.
A full biography is available at: https://jssbarristers.ca/litigators/bryan-c-duguid/