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.

Fellows of the Chartered Institute of Arbitrators

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

Bryan C. Duguid QC, FCIArb

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.
  • Appointed to the arbitrator rosters of institutions including the ICDR, ADRIC, ADRIA, and the American Dispute Resolution Center, Inc.
  • Chair of Sub-Group and member of 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.

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 have been retained as an arbitrator many times and written several awards, and dozens of procedural orders, with respect to a variety of matters including:

  • construction and project management
  • shareholders, franchise, and partnership agreements, and a variety of commercial contracts
  • insurance claims and coverage
  • lease renewal rates
  • labour relations

Those arbitrations have been both ad hoc and administered, including with the International Court of Arbitration of the International Chamber of Commerce.

I have also been appointed as an umpire under s. 519 of the Alberta Insurance Act.

As counsel, I have represented parties in a wide variety of arbitrations involving claims relating to construction and project management, commercial relationships, insurance claims and coverage, lease rate renewals, and labour relations.

In the more than 25 years I have practiced in Calgary, I have developed a wealth of knowledge with respect to a variety of businesses, industries and kinds of conflicts. That, coupled with my training in dispute resolution techniques, practices and theory, has equipped me to serve as an independent arbitrator in a wide variety of disputes.

In addition to Bachelor's degrees in engineering and law, I have a Master of Laws degree with a major in dispute resolution. My LLM program included the study of arbitration, international commercial dispute resolution, and international trade law.

In 2014, I became a Fellow of the Chartered Institute of Arbitrators in London, an internationally-recognized dispute resolution organization. I am a member of the Institute's Canadian branch executive and Chair of the Alberta chapter. I am also a member of ADR Canada and the ADR Institute of Alberta. I am listed in Best Lawyers for Alternative Dispute Resolution and as a Canadian Litigation Star by Benchmark Litigation for, among other things, arbitration.

I have drafted arbitration agreements and clauses. I have also provided advice and opinions on enforceability of arbitration provisions and the appeal of arbitration awards.

I have spoken on various arbitration issues at a number of conferences and courses, including:

  • Canadian Bar Association, Calgary Branch, ADR Subsection, Limitation Periods in Arbitration - 2018
  • University of Calgary, Faculty of Law, Civil Procedure, Guest Lecturer, Arbitration - 2018
  • York University, Osgoode Hall Law School Professional Development, Certificate in Construction Law, Western Canada Edition, Arbitrating the Construction Dispute - 2016
  • Canadian Bar Association, Calgary Branch, ADR Subsection, Arbitration - 2015
  • Central Alberta Bar Association, Arbitration - 2015
  • ADR Institute of Canada / International Chamber of Commerce, Canada Gold Standard in ADR Conference (Toronto), Thinking Outside the Box to Realize ALL Potential Benefits of Commercial Arbitration - 2013
  • ADR Institute of Canada, Peak Performance in ADR Conference, Financial Experts in ADR - 2011
  • Legal Education Society of Alberta, Arbitration (selection, appointment and jurisdiction of the arbitrator, scope and composition of the award, and enforcement of domestic and international awards) - 2011

At JSS Barristers we have a purpose-build arbitration hearing room, capable of facilitating electronic hearings, including audio and video recording capabilities. Our facilities can accommodate hearings of virtually any size. They are available at no charge.

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