J. Brian Casey, FCIArb

Mr. Casey has over 38 years of experience in commercial dispute resolution. He is a former Principal of Baker & McKenzie International and a former Chair of the Firm’s North American Litigation Practice group.

Mr. Casey received a Bachelor of Engineering degree from Carleton University and graduated magna cum laude with his J.D. from the University of Ottawa. He was called to the Bar in 1976 and since 1991 has been certified by the Law Society of Upper Canada as a specialist in civil litigation. He has practiced at all levels of the courts in Canada, including the Supreme Court of Canada.

Mr. Casey also holds an LL.M. in international business law from York University, having focused his studies on international commercial arbitration. In 1995 he was designated a Fellow of the Chartered Institute of Arbitrators.

During his career, Mr. Casey has been retained as arbitrator, chairman of the tribunal, or as counsel in numerous commercial arbitrations both ad hoc and institutional under the auspices of the LCIA, ICC, and the AAA/ICDR. Mr. Casey has also acted in investor/State arbitrations under Chapter 11 of the NAFTA administered by ICSID and other investor/state arbitrations arising out of Bilateral Investment Treaties.

Particular areas of practice include:

• International commercial and financial disputes
• licensing and distribution agreements
• trade and investment disputes
• Intellectual property, information technology and software arbitrations
• insurance and reinsurance claims

Mr. Casey is listed for his arbitration experience in tier 1 in Chambers Global, in the Lexpert/American Lawyer Guide to the leading 500 lawyers in Canada, in Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration and in Who’s Who Legal. He is an adjunct professor at the University of Toronto Law School and is a member of the Board of Directors of the American Arbitration Association.

Mr. Casey is the author of Arbitration Law of Canada: Practice and Procedure, and is a contributor to International Arbitration Checklists, both published by Juris Publishing. He has also contributed to Alternative Dispute Resolution, a text published by Aspatore Books, the CCH Ultimate Corporate Counsel Guide and Arbitration World 4^th Ed. by Sweet & Maxwell.

Mr. Casey has lectured and delivered numerous papers in North America, Latin America, Europe and Australia on various aspects of commercial arbitration. Papers include:

• Drafting Dispute Resolution Clauses for IT contracts – Canadian IT Law Association Seminar, Toronto
• Update on Foreign Investment Disputes – University of Houston lecture
• Implementing Interest Based Mediation in Energy Contracts – Insight Seminar, Calgary
• NAFTA Chapter 11: What’s the Fuss – Canadian Corporate Counsel Association article
• Recent Developments in Arbitration in Canada – Lexpert article
• NAFTA: Its About Fair Trade – Toronto Globe & Mail article
• Non-Party intervention in Arbitration – LCIA Seminar, London
• International Multi-Party Arbitrations – IBA Seminar, Melbourne
• Drafting Inter-Cultural Arbitration Agreements – The Center for American and International Law Seminar, Dallas
• Strategic Considerations in Arbitrations under NAFTA and Bilateral Investment Treaties – McGill University lecture
• Issues Respecting the International Arbitration of Natural Resource and Environmental Disputes – CBA/ICC Seminar, Vancouver
• Drafting International Arbitration Clauses – AAA/ICDR Seminar, Miami
• The Implication of National Laws in the Application of the New York Convention – ICC Seminar, Caracas
• Managing Cultural Differences in International Arbitration – Juris Leading Arbitrators Seminar, Vienna
• Assessment of Damages in Investor State Arbitrations- the View from the Tribunal –Juris Damages Conference, Washington DC.
• Domestic Energy Disputes in Canada – Energy Bar Association Conference, Toronto
• Recent developments in arbitrating disputes in Production Sharing Contracts – ICC Conference, Houston

Representative arbitrations as arbitrator:

• Sole arbitrator in international licence dispute regarding IP rights (ICDR)
• Chair of the tribunal in a marine docking dispute (ICC)
• Sole arbitrator in a computer software installation and warranty dispute. (ICDR)
• Chair of the tribunal in a dispute involving representations and warranties in a share purchase agreement regarding an hotel chain. (ad hoc domestic)
• Chair of the tribunal in a government procurement dispute (ICC)
• Chair of the tribunal in a breach of warranty claim concerning pulp and paper manufacturing equipment. (ad hoc international)
• Sole arbitrator in a publishing and merchandizing licence dispute. (ICDR)
• Party appointee in a construction delay claim. (ad hoc domestic)
• Sole arbitrator in a joint venture land development dispute. (ad domestic)
• Sole arbitrator in a law partnership dissolution dispute. (ad hoc domestic)
• Co-arbitrator in a right of first refusal contract case regarding merchandizing rights(ICDR)
• Co-arbitrator in an energy pricing dispute (ad hoc domestic)
• Chair in an M&A Share purchase dispute (ICDR)
• Chair in Technology licence dispute (LCIA)
• Co-arbitrator in a breach of warranty claim concerning mining equipment. (ad hoc international)
• Co-arbitrator in a royalty dispute respecting oil and gas deposits (ad hoc domestic)
• Co-arbitrator in a joint venture contract dispute between global oil companies (LCIA)
• Chair in a consulting agreement dispute (ICC)
• Emergency Arbitrator regarding a licencing dispute in the publishing field (ICDR)
• Emergency Arbitrator regarding a franchise agreement in the entertainment field (ICDR)
• Chair in an M&A price adjustment dispute regarding retail stores(LCIA)

Representative cases include:

Supreme Court of Canada

• Beals v. Saldanha, – enforcement of foreign judgment.
• Dell Computer Corp. v. Dumoulin, – validity of consumer class action arbitration.
• Universal Stainless v. JPMorgan Chase – international letter of credit dispute

Ontario Court of Appeal

• Agros Holdings v. Dalimpex , Ontario Court of Appeal- Enforcement of foreign arbitral award.
• City of Peterborough v. General Accident Assurance Co., Ontario Court of Appeal – interpretation of errors and omissions insurance policy.
• Regal Holdings v. Deloitte & Touche, Ontario Court of Appeal – Defence of trustee’s conduct.
• King-Yonge Properties Ltd. v. Great-West Life Assurance Co., Ontario Court of Appeal – Misconduct of arbitrators.
• Manufacturers Life Insurance Co. v. Granada Investments Ltd., Ontario Court of Appeal – Mortgage enforcement.
• Wong v. 407527 Ontario Ltd., Ontario Court of Appeal – Solicitor’s negligence.

1st instance cases

• CIBC World Markets et al. v. Genuity Capital Markets et al., Ontario Superior Court of Justice – court appointed custodian of seized electronic data in a breach of fiduciary duty case.
• Lukoil v. Petrokazakhstan, Alberta Court of Queen’s Bench- enforcement of foreign arbitral award.
• HSBC Bank v. Turbo Logistics Canada, Ontario Superior Court of Justice – loan fraud.
• Consorcio Minero Horizonte v. Klohn-Crippen, Superior Court of British Columbia-construction engineers negligence claim.
• R. v. Archer Daniels Midland, Federal Court of Canada – Antitrust, Competition Act claim.
• National Business Systems v. HSBC Bank Canada – Treasury bill and securities fraud.
• Durham Condominium Corp. No. 76 v. H. Kassinger Construction Ltd., Ontario Court of Justice (General Division) – Damages for defective construction.
• Liberty Reinsurance Canada v. QBE Insurance & Reinsurance, Ontario Superior Court of Justice – consolidation of arbitrations.
• Pilzmaker v. Law Society of Upper Canada, High Court of Justice, Divisional Court – Immigration fraud.
• Continental Bank of Canada v. Arthur Andersen & Co. et al., High Court of Justice – Accountant’s Negligence.
• NetSys Technology Group AB v. Open Text Corp., Ontario Superior Court of Justice – Arbitrability of International licence dispute.
• Royal Bank of Canada v. Darlington, Ontario Court of Justice (General Division) – Letter of credit fraud.
• Case Selection Wine Society (Receiver of) v. Nadeau, Ontario Court of Justice – International wine futures fraud.
• Sistem Mühendislik Inşaat Sanayi Ve Ticaret Anonim Sirketi v. Kyrgyz Republic, Superior Court of Justice – enforcement of ICSID arbitral award against a foreign State.

TO BOOK AN APPOINTMENT

Contact Marjorie Coe
Coe ADR Management
617 – 7 King Street East
Toronto, Ontario
M5C 3C5
Tel 416-363-2977
Toll free 1-844-547-2977
Fax 416-703-4597
Cell 416-805-8555
[email protected]
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