C. Arbitration Designation

Transcription

1 C. Arbitration Designation C. ARBITRATION DESIGNATION Please list designation(s), certifification(s) or accreditation(s) in arbitration received from any recognized institution(s) and the year(s) conferred below. Designation Organization Year conferred 1) Fellow Chartered Institute of Arbitrators ) Chartered Arbitrator ADR Institute of Canada, Inc ) (No response) (No response) (No response) ) (No response) (No response) (No response) 5) (No response) (No response) (No response)

2 D. Arbitration Training D. ARBITRATION TRAINING Please list arbitration training or course(s), if any, along with the institution providing the training and the year you received this training below. Course Institutions Year 1) Fellowship Training Course Chartered Institute of Arbitrators ) International Dispute Resolution Centre for International Legal Studies ) Domestic Commercial Arbitration ADR Institute of Canada, Inc ) Energy Industry Arbitration Western Canada Commercial Arbitration Society (formerly WCART) 5) ICC Arbitration International Chamber of Commerce ) Information Exchamges in Arbitration International Centre for Dispute Resolution ) Commercial Arbitration ADR Institute of Canada, Inc ) Construction Arbitration Continuing Legal Education Society of BC ) Speed and Efficiency in Commercial Arbitration 10) Controlling Time and Cost in Construction Arbitration American Arbitration Association 2011 Continuing Legal Education Society of BC ,2008,2009,2010, 2011,2012

3 E. Commercial Litigation Experience E. COMMERCIAL LITIGATION EXPERIENCE a. Please specify approximate number of commercial cases in which you have acted as counsel. Over 100 b. Please list range of years over which these cases occurred to 2012 c. Please list law firms with which you were associated according to year Borden Ladner Gervais LLP d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Variable d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Plaintiff d. Did you typically represent plaintiff, respondent or both? Please provide your answer as a percentage. Respondent Response e. Please list by subject area, the 3 most complex commercial cases with which you have been involved as counsel in arbitrations or litigation, the kind of evidence presented, what experts were involved, quantum in issue and duration of case. Area of Commercial Litigation (e.g. Patent infringement) Kind of Evidence Presented What type of Experts were involved Quant m (value of claim) Durati on (Time in court) 1) Termination Payments under long term Power Purchase Agreement concerning causes and effects of California energy crisis, its impacts on economic value of the PPA, valuation of termination payment due under PPA when terminated due to Enron bankruptcy. Economists, energy market experts (forecasting near, mid and long tern energy prices), 150 three 2) Alleged breach of Power Sale Agreement between geothermal power producer in Iceland and aluminum smelter concerning whether a presceribed profitability test had been met, appropriateness of WAAC, Economists, engineers, capital markets experts $2 1 week

4 estomates of future costs and revenues. 3) Amount payable use for lands used during 2010 Olympic games as if they had been exporpriated as to appropriate valuation methodology, market demand, lost development revenues due to 5-10 year delay in getting proposed condo projects to market and related issues. Valuation experts (business valuers and real estate appraisers), industry experts on advertising revenue, Olympic security issues and demand for space during Olympic Games $100 plus

5 F. Experience as an Arbitrator, Adjudicator or Judge F. EXPERIENCE AS AN ARBITRATOR, ADJUDICATOR OR JUDGE Please specify approximate number of cases in which you have acted as an arbitrator, judge or tribunal adjudicator. Please note that there are cells in the table below in which you are asked to provide court level and tribunal. Arbitrator Judge Tribunal Adjudicator Number of cases 100 (No response) (No response) Over what period of years 15 (No response) (No response) Number of commercial cases 100 (No response) (No response) Over what period of years 15 (No response) (No response) Level of court (No response) (No response) (No response) Please specify tribunal (No response) (No response) (No response) a. Please list by subject area, the 3 most complex commercial cases in which you acted as arbitrator, judge or adjudicator, the kind of evidence presented, experts involved, quantum in issue and duration of hearing. Please specify your role Area of Commercial Litigation 1) Arbitrator US anti-trust laws relating to world-wide heavy-equipment market and re alleged impact of territprial restraints in an international distribution agreement 2) Arbitrator Power Purchase Arrangement,termi nation and force majeure 3) Arbitrator Alleged misappropriation of intellectual property and corporate opporunity Evidence Presented Experts included Quant um (value of claim) oral and written evidence of events said to justify termination or declaration of force majeure relating to the manner in which software was developed and its potantial market value Economists, valuers of intellectual property, valuers of heavy equipment market opportunities, mettalurgists, damages experts. Economists, chemical, mechanical and mettalurgical, engineers, capital markets Technology experts concerning similarities in source code, matket potential, damages experts Durati on (Time in court) 3