John Lorn McDougall QC (Canada)
- Practice encompasses almost all aspects of corporate/commercial dispute resolution, with expertise in trial and appellate advocacy. As one of the leading civil litigation lawyers in Canada
- Appeared in wide variety of complex cases in the courts and in arbitration
- Particular experience in securities, competition and energy related matters, as well as class actions and insolvency
- Extensive experience in cross-border cases.
- Appointed Queen's Counsel in 1980
- Fellow of the American College of Trial Lawyers in 1991
Alternative Dispute Resolution Experience
- Served as chairman and as panel member in numerous international commercial arbitrations involving a wide range of subjects.
- Member of panel of International Centre for Dispute Resolution.
- Immediate past chairman of the Canadian National Arbitration Committee of the International Chamber of Commerce as well as a Canadian representative to the International Chamber of Commerce Commission on Arbitration in Paris.
- Member of the British Columbia International Arbitration Panel and of the International Panel, ADR Chambers, Toronto
- London Court of International Arbitration.
- American Arbitration Association.
- Arbitration Association of Ontario.
- CPR Institute for Dispute Resolution.
- Pofessional Licences Admitted to the Bar:
- Ontario, 1968
- Northwest Territories, 1981
- Yukon, 1981
- Alberta, 1982
- Nunavut, 1999
- Professional Associations Advocates Society (Past Director)
- County of York Law Association (Past Trustee)
- Canadian Council of Business
- International Law Association
- Canadian Institute for International Affairs
- International Bar Association
- Law Society of the Northwest Territories (Vice-Chairman, Discipline Committee)
- Commercial Bar Association of England and Wales (Honorary Member)
- Association of the Bar of the City of New York.
- Past cases have involved contracts, franchises, securities, insurance and reinsurance, joint ventures, oil and gas, heavy equipment, IT technology, source codes, fiduciary obligations and general corporate disputes.
- Chair of an arbitration tribunal in a major re-insurance arbitration subject to New York law held in Bermuda under the Bermuda International Conciliation and Arbitration Act. Issues included the role and function of the Financial Services Administration in the sale of life insurance in Britain and the interpretation of the relevant insurance and re-insurance contracts.
- Chair of an arbitration tribunal constituted under the rules of the International Centre for Dispute Resolution (AAA) involving a dispute between the Canadian partially-owned subsidiary of a New York brokerage firm. The case involved issues of fiduciary responsibilities and contract interpretation.
- Member of the arbitration tribunal involving a dispute between a Saudi Arabian investor in a joint venture capital firm arising from allegations of improvident investments and misrepresentation. The hearings were held in San Francisco and London, England and the arbitration was conducted under California law.
- Chair of an ad hoc arbitral tribunal hearing a dispute between a major US-based global vendor of office hardware and a European-based vendor of software. The issues included the ownership and alleged misuse of source codes.
- Sole arbitrator in a dispute between a Japanese liquor and wine conglomerate and a major US winery. The arbitration was ICC-administered under California law and was seated in Vancouver, British Columbia.
Publications and Papers
- Member of Faculty, "Challenge of Arbitrators: Institutional Issues", ITA-CBAr Joint Conference on International Arbitration, Sao Paulo, Brazil, September 21 - 23, 2008.
- Member of faculty, "Update on Enforcement and Challenges to Arbitral Awards", ICDR North American Dispute Resolution Series "ADR After NAFTA", Chicago, Illinois, April 24 - 25, 2008.
- Author and speaker, "The Internationalization of International Commercial Arbitration", Pacific Rim Advisory Council's Paris Conference, April 15, 2008.
- Author and speaker, "Trends in International Commercial Arbitration", Law Society of Upper Canada "Advanced Commercial Arbitration" Conference, Toronto, Ontario, April 30, 2007.
- Author and speaker, "Some Thoughts on Problem Areas in International Commercial Arbitration", The International Law Section of the State Bar of Texas, San Antonio, Texas, March 30, 2007.
- Co-author and speaker, "The Role of ADR in Cross-Border Canadian Corporate Restructuring", International Bar Association's "Restructuring Among the Ruins", Athens, Greece, May 7 - 9, 200.
- Author and speaker, "What Can Be Learned from Procedures in International Commercial Arbitration", The Canadian Institute's "Managing Complex Litigation", Toronto, April 24 - 25, 2006, and published in The Advocates' Journal, Spring 2007, pp. 21 - 23.
- Author and speaker, "Thoughts on Discovery in International Arbitration", ICC International Commercial Dispute Resolution Conference, Charleston, South Carolina, March 26 - 28, 2006 and the Commercial Bar Association's North American Meeting 2006, Rome, Italy, June 2, 2006.
- Author and speaker, "Establishing Economic Loss", Special Lectures, Law Society of Upper Canada, 2005: The Modern Law of Damages, Toronto, April 20 & 21, 2005.
- Co-author and speaker, "New Developments in Securities Litigation. Understanding and Minimizing Your Clients' Exposure in Light of Recent Decisions", The Canadian Institute's 4th Annual Advanced Forum on Securities Litigation, Toronto, November 29 & 30, 2004.
- Author and speaker, "Vanishing Borders? Recent Developments in U.S. and International Class Actions", The Canadian Institute's 5th Annual National Forum on Litigating Class Actions, Toronto, October 1, 2004.
- Co-author and speaker, "Privilege Issues and the Barrister's Brief," The Advocates Society, April 2, 2004.
- Author and speaker, "The Nature Of Class Actions: Some Thoughts On Recent Developments," The Canadian Institute, September 30, 2003.
- Author and speaker, "Assessing Your Case Before Trial: A Reality Check," American College of Trial Lawyers and the Advocates' Society, May 2, 2003.
- Co-author, "Disputes and Alternative Dispute Resolution in Today's Business Environment," Canadian Business Magazine; co-author, "Product Liability: Recent Developments in Canadian Law," Lexpert Magazine, 2003.
- Co-author and speaker, "The Role of the Forensic Accountant in International Commercial Arbitration," Alliance for Excellence in Investigative and Forensic Accounting Conference, Toronto, September 9, 2002.
- Author, "International Jurisdiction Through the Surrender of Sovereignty: A Critical Analysis of the Canadian Approach," Commercial Bar Association, May 12, 2000.
- Co-author, "What Happens to the Rights of Canadian Creditors in Cross-Border Insolvencies?" 2000.
- Author and speaker, "Strike Suits: A Canadian View," Canadian Bar Association, March 5, 1999; speaker, "Cross Border Judicial Assistance," May 1998.
- Co-author, "Privity and the Third Party Beneficiary: The Nature of the 'Incremental Change' in Canadian Law," April 1997.
- Contributor, Canadian law section, International Commercial Litigation, 1st and 2nd eds., Butterworths, 1997.
- Lexpert: Canada's Top 500 Lawyers, 2008
- Who's Who Legal; The International Who's Who of Business Lawyers, 2008
- Global Counsel Cross-border Dispute Resolution Handbook, 2006/7, Q&A section for Canada
- Guide to World's Leading Experts in Commercial Arbitration
- Chambers' Guide to the World's Leading Business Lawyers, 2008
- Guide to World's Leading Litigation Lawyers, Legal Media Group, 2007
- The World's Leading Lawyers, 2007 published by Chambers Global
- Leading litigation lawyer, Global Counsel 3000, 9th edition, 2003/04
- Carleton University (BA, Economics - 1962)
- Osgoode Hall Law School (LLB - 1966)
The articles and materials at this web site are provided for information purposes only, and not for the purpose of providing legal advice. The articles may not reflect recent developments in the law. If you have a legal problem, you should consult a suitably qualified lawyer. The contents of articles and papers represent the views of the authors, and may not represent the views of other members of chambers.
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