JSS BARRISTERS ARBITRATION SERVICES

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.

New Fellows of the Chartered Institute of Arbitrators

Carsten Jensen QC, Sabri Shawa QC, and Bryan Duguid QC have recently been admitted as 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. There are only about 70 fellows in Canada.

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: http://www.ciarb.org/directory/

Bryan C. Duguid QC, FCIArb

For more than 20 years I have been focused on the resolution of business disputes. Beginning approximately 18 years ago, 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 early 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 in franchise dispute.

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;
  • Core Member of the Uniform Law Conference of Canada Arbitration Legislation Group; and
  • Co-Editor of newsletter published by the ADR Institute of Canada, Inc. entitled ADR Perspectives.

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 boundaries of its jurisdiction having regard to time limits in the applicable arbitral clause; and
  • A Court application related to the loss of jurisdiction of a sole arbitrator as a result of inordinate delay in issuing the arbitral award.

Recent examples of arbitral hearings in which I have been lead counsel (of a team of colleagues from my firm) include a one week hearing in October 2011 (involving approximately $50 million), a two week hearing in May 2012 (involving approximately $40 million), a one week hearing in September 2012 (involving approximately $45 million), and a two week hearing resolved on the eve of the hearing in February 2014 (involving approximately $45 million).

I am currently available for arbitral appointments as sole arbitrator, panel member, or as Chair.

Carsten Jensen QC, FCIArb

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.

Sabri M. Shawa QC, FCIArb

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.

Get to Know Our Arbitrators

Bryan C. Duguid QC, FCIArb

Contact Information

  • Phone 403-571-0746
  • Cell 403-472-2525
Carsten Jensen QC, FCIArb Arbitral Experience

Contact Information

Sabri M. Shawa QC, FCIArb

Contact Information

  • Phone: 403-571-1520
  • Fax: 403-571-1528
  • inquiries [at] jssbarristers [dot] ca
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