Three of JSS Barristers senior partners are qualified Arbitrators, and bring a wealth of litigation and arbitration experience to this dispute resolution process. JSS Barristers can help ensure that you and your client have an efficient and effective Arbitration. We would welcome the opportunity to discuss your requirements for Arbitration.
Carsten Jensen QC, Sabri Shawa QC, and Bryan Duguid QC are Fellows of the Chartered Institute of Arbitrators.
The Institute is based in London, England and has about 12,500 members worldwide. The Chartered Institute of Arbitrators is the world's leading professional body for promoting the settlement of disputes by arbitration, mediation and other alternative dispute resolution methods.
Fellowship in the Institute is internationally recognized as a high-level diploma qualification. Fellows have demonstrated their skill and knowledge through a formal education and assessment program.
Carsten, Sabri and Bryan all welcome your inquiries if you seek an arbitrator and, in Sabri's case, also if you seek a mediator. They are listed on the Chartered Institute of Arbitrators members' directory at: https://www.ciarb.org/membership/members-directory
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:
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:
I am recognized by Benchmark as a Litigation Star in arbitration, and by Who’s Who Legal as an expert in arbitration.
Recent examples of arbitral hearings in which I have been lead counsel (of a team of colleagues from my firm) include:
Also, I have been counsel on a number of matters related to the jurisdiction of arbitral tribunals including:
I am currently available for arbitral appointments as sole arbitrator, panel member, or as Chair.
I practice exclusively in civil litigation, with an emphasis on complex and multi-party commercial matters. Arbitration matters have become an increasingly large component of my practice as party counsel.
I was recently lead party counsel on an energy industry ad hoc arbitration with an asserted claim value in excess of $800 million. I am presently counsel in other commercial arbitration matters, and I have frequently been called upon to advise clients on arbitration clauses and arbitration agreements.
I am a Fellow of the London UK-based Chartered Institute of Arbitrators (FCIArb).
I was a Bencher of the Law Society from 2006 - 2014, and in that capacity I have served as an adjudicator on disciplinary panels in at least 25 matters, and I have served as the Chair of disciplinary panels in at least 10 matters - all of which were followed by a written decision principally authored by me. These written decisions are available by searching on the CanLII database at: http://canlii.org/en/ab/abls/
I have served on numerous other Law Society panels dealing with assurance fund claims, credentials and education matters, and interim suspension applications. In those types of proceedings, I have served as both a panel member and as the Chair, and in numerous such cases I have provided written reasons.
I served 2 years as the Chair of Conduct at the Law Society, meaning that I was responsible for the overall disciplinary process, and for resolving interim motions regarding evidentiary disputes and scheduling matters. Some of those matters involved the preparation of written decisions.
I have completed adjudication training related to credibility findings, jurisdiction, and decision writing, and I have been appointed to Chair arbitral tribunals.
I am presently available for arbitral appointments as panel member, or as Chair.
I earned a Master of Laws degree with a major in Dispute Resolution from the University of Technology, Sydney, Australia, in 2006. My course of study there included arbitration, international commercial dispute resolution, and international trade law.
In 2014, I became a Fellow (FCIArb) of the Chartered Institute of Arbitrators in London, an internationally-recognized dispute resolution organization. I am also a member of ADR Canada and the ADR Institute of Alberta. I am listed in Best Lawyers International for Alternative Dispute Resolution (arbitration and mediation) and as a Canadian Litigation Star by Benchmark Canada for Arbitration.
I have been retained as an arbitrator on several occasions with respect to a variety of matters including construction projects, franchise agreements, and general commercial disputes.
Over the nearly 25 years I have been practicing as a litigator in Calgary, I have been involved in dozens of arbitrations as counsel for a party. Those arbitrations were in respect of claims arising out of freight contracts, construction and project management agreements, construction deficiencies, contractors' negligence, and labour disputes, among other things.
I have, on many occasions, drafted arbitration clauses, as well as arbitration agreements. I have also provided advice and opinions on the application and enforceability of arbitration provisions.
In 2013, I spoke at the International Chamber of Commerce Canada Conference on Realizing Potential Benefits of Commercial Arbitration. In 2011, I spoke at the Legal Education Society of Alberta's Arbitration Seminar on the selection, appointment and jurisdiction of the arbitrator, scope and composition of the award, and enforcement of awards (domestic and international). Also, in 2011, I moderated a panel discussion on Financial Experts in ADR at the ADR Institute of Canada Peak Performance Conference.
When I was a member of the Conduct Committee of the Law Society of Alberta, I sat as a panel member in hearings reviewing the conduct of lawyers against whom complaints had been made. I have also acted as counsel to various tribunals to provide advice to hearing panel members in the course of proceedings.
I would be happy to speak with you about any potential appointment.