Carsten Jensen QC, FCIArb


Contact Information

Principal Practice Areas

  • Arbitration
  • Corporate and commercial litigation, including multi-party matters
  • Commercial class actions (both plaintiff and defendant)
  • Oil and gas litigation including royalty and CAPL issues
  • Shareholder disputes including dissenting shareholder and oppression claims
  • Professional Negligence and Discipline

2019 Chambers and Partners - Distinguished Practitioner in General Commercial Litigation

The Legal 500 - The Clients Guide to Law Firms

2014 Lexpert Ranked Lawyer

Carsten is a founding partner of JSS Barristers. His practice focuses exclusively on civil litigation, with an emphasis on corporate and commercial litigation including commercial class actions, oil and gas disputes, shareholder disputes, multi-party litigation and arbitrations. Carsten has represented governments, airlines, major and independent oil and gas firms, and individuals, and he acts for the Alberta Lawyers Insurance Association in defence of professional negligence claims and on coverage issues. Carsten serves on the Advisory Board of ALIEX, which is the reciprocal insurer providing coverage to Alberta lawyers.

Carsten is a member of the Canadian and Calgary Bar Associations, and has been accepted as a Fellow of the Chartered Institute of Arbitrators (FCIArb). Carsten frequently publishes papers, and teaches, on topics of interest to the profession.

In 1998, Carsten commenced a two-year leave of absence during which time he acted as senior legal officer and eventually team leader at the United Nations Compensation Commission (UNCC) in Geneva, Switzerland. The UNCC was established to process and resolve compensation claims arising from Iraq's invasion and occupation of Kuwait. During Carsten's first year with the UNCC, he worked on the Kuwait Oil Company claim for oil losses resulting from the Kuwait oil well fires. Carsten was responsible for overseeing the quantification of the amount of oil lost, with the assistance of reservoir engineering experts. This claim is possibly the largest single oil and gas loss ever resolved.

Subsequently, Carsten was responsible for overseeing development of a consistent method for resolving the thousands of individual business loss claims filed with the UNCC as a result of the war. The methodology which Carsten and his team developed was adopted by the UNCC panel responsible for these claims, and has since been applied to thousands of similar claims. Carsten returned to JSS Barristers in the fall of 2000 to resume his civil litigation practice.

Carsten is a former managing partner of the firm. In 2005 Carsten was elected to a three year term as a bencher (director) of the Law Society of Alberta, which is the governing body for lawyers in Alberta, and was also awarded his Queen's Counsel designation that same year. Carsten served as President of the Law Society for a one-year term commencing February 2013. He was previously Chair of Finance, Chair of Credentials and Education, and for two years Chair of Conduct.

Carsten is co-lead counsel for National Oilwell Varco, retained on short notice for a 3 ½ month long trial in 2017, involving claims totalling more than $90 million arising out of a corporate acquisition, including a claim alleging a deficient quality management system in breach of representations in the governing Purchase and Sale Agreement.

Carsten has a Martindale-Hubbell "AV Preeminent" peer review rating in both legal ability and ethical standards - the highest rating given. Carsten has repeatedly been recognized in the Canadian Legal LExpert Directory as a leading practitioner in civil litigation, and is specifically recognized as a leading practitioner in Corporate Commercial Litigation, Class Actions, and Medical Negligence. In addition, Carsten is recognized and listed in "Best Lawyers in Canada", in Benchmark, and in Chambers Global.

Carsten is a long term instructor for the CPLED (formerly Bar Admission) program, presently teaching legal ethics.

Please contact Carsten Jensen QC, FCIArb at jensenc [at] jssbarristers [dot] ca if you are interested in receiving a copy of any of the following:

  • 2015 - "Class Actions in Alberta: An Overview of Recent Developments", presented at the Western Canada Class Actions Conference, Vancouver
  • 2015 - "Running Your First Trial - Steps Prior to Trial", presented at a LESA seminar in Calgary and Edmonton
  • 2014 - "Revisiting the Arbitration Agreement After a Dispute Arises - the Role of Arbitration Counsel" submitted for publication with ADR Perspectives, a publication of the ADR Institute of Canada
  • 2013 - "Energy in Canada - Litigation in an Emerging Energy Superpower", Benchmark Canada
  • 2011 - "Cross-Canada Class Actions Update - Commencing Class Actions in Alberta", Insight
  • 2011 - "Standard of Care Issues", Legal Education Society of Alberta
  • 2010 - "Dealing with Financially Weakened Business Partners and Insolvency Issues in the Current Economic Climate", Canadian Bar Association
  • 2009 - "Medico-legal pitfalls in pediatric practice"
  • 2008 - "Causation Issues" for the Alberta Civil Trial Lawyers Association in 2008
  • 2006 - "Litigation in Canada - Advising U.S. Clients" paper published in the International Litigation Quarterly in 2006
  • 2004 - "Litigation in Canada - Advising U.S. Clients" lecture delivered as a CLE topic in Houston in September
  • 2002 - "Liability Issues - the Private Delivery of Health Care" for an Insight conference held in Calgary in June
  • 2002 - "Treating Physician Interviews", Canadian Bar Association

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:

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.