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J. Brian Casey FCIArb

jbcasey@baystreetchambers.com

T:+1 416 861 8253

J. Brian Casey has over 38 years of experience in commercial dispute resolution. He is a former partner with Baker & McKenzie where, among other roles, he chaired the North American Disputes Group. In 2012 he founded Bay Street Chambers in order to practice full time as an independent arbitrator. Brian holds Bachelors’ degrees in both Engineering and Law and has an LL.M. in international business law. In 1995 he was designated a Fellow of the Chartered Institute of Arbitrators. He is the author of a number of publications on arbitration, including Arbitration Law of Canada: Practice and Procedure, published by Juris Publishing.

During his career, Brian has been retained as co-arbitrator or chair in numerous commercial arbitrations both ad hoc and institutional under the auspices of the LCIA, ICC, and the AAA/ICDR. He is listed in Chambers Global, Lexpert/American Lawyer Guide to the leading 500 lawyers in Canada, Euromoney’s Guide to the World’s Leading Experts in Commercial Arbitration and in Who’s Who Legal. Brian is an adjunct professor at the University of Toronto Law School and is on the Board of Directors of the American Arbitration Association.

To learn more about Brian’s experience Click Here. If you would like to get in touch with Brian Casey you can send him an email at jbcasey@baystreetchambers.com

AREAS OF EXPERIENCE

Commercial Disputes

•Chair of the tribunal in a marine docking dispute (ICC)

•Chair of the tribunal in a government procurement dispute (ICC)

•Sole arbitrator in a joint venture land development dispute (ad hoc)

•Chair in a foreign investment consulting agreement dispute (ICC)

Construction

•Chair of the tribunal in a breach of warranty claim concerning installation of pulp and paper manufacturing equipment (ad hoc)

•Co-arbitrator in a construction delay claim (ad hoc)

•Co-arbitrator in a breach of warranty claim concerning installation of mining equipment (ad hoc)

•Co-arbitrator in an investor/state construction dispute (ICC)

Shareholder/ M&A

•Chair of the tribunal in a dispute involving representations and warranties in a share purchase agreement regarding a hotel chain (ad hoc)

•Sole arbitrator in a law partnership dissolution dispute (ad hoc)

•Chair in an M&A Share purchase dispute involving gas stations (ICDR)

•Chair in an M&A price adjustment dispute regarding retail stores (LCIA)

•Chair in a share purchase dispute involving mining companies (LCIA)

Technology/ IP

•Sole arbitrator in a computer software installation and warranty dispute (ICDR)

•Chair in a technology licence dispute (LCIA)

•Sole arbitrator in international licence dispute regarding IP rights (ICDR)

Energy/ Oil & Gas

•Co-arbitrator in an energy pricing dispute (ad hoc)

•Co-arbitrator in a royalty dispute respecting oil and gas deposits (ad hoc)

•Co-arbitrator in a joint venture contract dispute between oil companies (LCIA)

•Co-arbitrator in a wind farm lease dispute (ad hoc)

•Chair in a power purchase dispute (ad hoc)

Licensing/ Franchise

•Sole arbitrator in a publishing and merchandizing licence dispute (ICDR)

•Co-arbitrator in a right of first refusal contract case regarding merchandizing rights (ICDR)

•Emergency Arbitrator regarding a licencing dispute in the publishing field (ICDR)

•Emergency Arbitrator regarding a franchise agreement in the entertainment field (ICDR)


Insurance

•Sole arbitrator in numerous E&O insurer/insured coverage disputes

CHOOSING AN ARBITRATOR

The selection of an arbitrator may be the single most important step in the arbitral process. Parties who choose arbitration expect an expeditious, fair and cost-effective process. It is up to the arbitrator to ensure these expectations are met.

WHAT TO LOOK FOR IN AN ARBITRATOR

  • A complete understanding of the arbitral process
  • A commercial outlook
  • A commitment to managing the arbitral process from start to finish in a cost effective and timely manner
  • The ability to hear evidence and make appropriate findings of fact
  • The ability to apply the chosen law to the issues raised by the parties
  • The capability to act as a leader and effectively manage the arbitral process
  • The ability to efficiently and fairly deal with contentious issues
  • Civility, courtesy and fairness
  • A track record for getting it right

Whether the arbitration is ad hoc or administered by an institution, our practitioners are dedicated to ensuring that every arbitration is case managed to ensure a binding award is issued in a fair, efficient and cost effective manner.

BAYSTREET CHAMBERS

Bay Street Chambers is a leading group of senior barristers practicing as arbitrators and mediators who specialize in international and domestic commercial disputes. Members of Bay Street Chambers handle disputes across the full spectrum of the business and financial world, including banking and finance, insurance and reinsurance, energy, trade, shipping, licensing and construction. All members have a reputation for hard work and dedication to delivering cost effective and timely results.

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