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REPRESENTATIVE WORK
PUBLICATIONS
NEWS & UPDATES
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Gowlings represented an industrial manufacturer in a $30 million claim against an American equipment vendor in relation to the design and procurement of filament winding systems. Proceedings were commenced before the ICC. Issues included recoverability of damages for tort and breach of contract, jurisdiction of the tribunal versus the domestic courts and the operability of the arbitration agreement.
Counsel: Geoffrey Holub
Delivery of A Yacht
Gowlings assisted barristers of the Middle Temple in England in the conduct of a commercial arbitration conducted in London, England, involving interpretation of a contract relating to the manufacture and delivery of a customized yacht. Counsel provided advice to the client's legal team based in three countries and liaised with expert witnesses over the course of a lengthy hearing before a panel of three arbitrators.
Counsel: Debra Haak
International Oil and Gas Transactions
We represented a Canadian public company and its offshore subsidiary in defence of a claim made by a European consulting company in respect of oil and gas transactions in central Asia. An arbitration hearing was held over two weeks in Stockholm, Sweden, under UNCITRAL Rules. The sole arbitrator was appointed by the Stockholm Chamber of Commerce Court of Arbitration, which was designated as an appointing authority by the International Court of Justice at The Hague, Netherlands.
Counsel: Tony Jordan
We represented a Venezuela consulting corporation in proceedings against a Canadian company related to oil and gas investment activities in Venezuela. This was an ad hoc arbitration to which the International Commercial Arbitration Act of Alberta applied. The hearing before three arbitrators was conducted in Calgary.
Counsel: Tony Jordan
Landfill Dispute in the Caribbean
Gowlings represented a Canadian environmental engineering company in a series of international arbitrations arising out of a design-build contract for a landfill in the Caribbean. Arbitrations/adjudications were conducted in St. Lucia, Canada and before a Dispute Adjudication Board in the United Kingdom. Issues related to the interpretation of tender documents, the conditions of contract for design – build and turnkey projects as prepared by the Fédération Internationale des Ingénieurs Conseils (FIDIC), variation orders, delay claims, the existence of exceptionally adverse physical conditions on site, adequacy of project preparation before tender and discovery of unforeseeable sub-surface conditions after construction commenced.
Counsel: Ronald D. Lunau
Catherine Beaudoin
Brewery Battle
Gowlings represented a U.S. based equipment manufacturer in an international commercial arbitration against a Canadian brewery. The brewery had purchased HVAC equipment and alleged that the equipment was not of merchantable quality and was not fit for its purpose. The brewery sought significant damages including damages for loss of profits during shutdowns. While this case was satisfactorily resolved it required counsel to address product liability issues as well as questions of lost profits.
Counsel: Scott Kugler
Inventory Control Software
We represented a supplier of inventory control software and related hardware in a dispute over design, supply and installation of one of its systems for a distributor of bottled water located in north-eastern USA. At issue was whether the installation was fit for the purpose intended, it being alleged that it failed so completely that there had been fundamental breach of contract. This international arbitration involved examinations and hearings both north and south of the border with opposing counsel from the United States.
Counsel: Ross Earnshaw
Supply Contract Disputes
We represented a Canadian corporation in a dispute with a supplier of manufacturing machinery based in Hungary in arbitration proceedings conducted under the auspices of the International Chamber of Commerce Court of Arbitration at Paris. The issues were settled between the parties before the appointment of arbitrators.
Counsel: Tony Jordan
North American Automobile Manufacturer
Gowlings acted for a major North-American automobile manufacturer in an arbitration governed by the National Automobile Dealer Arbitration Program ("NADAP"). At issue was the validity of a notice of termination issued to a dealership further to unauthorized export sales to the U.S.A. This was the first matter to ever consider the right of an automobile manufacturer to prohibit export sales by Canadian dealerships. After a seven-week hearing the matter was resolved. The decision has had tremendous ramifications for manufacturers and dealers alike in both the Canadian and U.S. markets.
Counsel: Guy Poitras
Distribution Dispute in Southeast Asia
Gowlings acted for a large Canadian telecom company in a dispute with its Southeast Asia distributor. The complex and high stakes arbitration proceeded under the Paris International Chamber of Commerce Rules. At issue was not only the client's distribution network but also ownership of significant inventory with a limited shelf life located in the US and in India. Gowlings worked with the client's local counsel in three different countries to resolved various interlocutory issues such as document production, subpoenas against reluctant extra-territorial witnesses, jurisdiction and on-site inspections.
Counsel Assistance: Francois Baril
Technology Dispute
We represented a private Canadian technology company in a heated dispute with the U.S. company concerning the performance of vital components in a cutting edge piece of technology. This arbitration was governed by the American Arbitration Association rules.
Counsel: Scott Kugler
Software Dispute
Gowlings successfully represented a California software company in a complex, multi-million dollar dispute with a Canadian software company after it had purchased the California company. The Canadian software company also advanced a counterclaim against the U.S. company. This intensive arbitration lasted a year and a half with hearings in Canada and the United States. Our client was successful in its claim and successfully defeated the counterclaim.
Counsel Assistance: Phuong Ngo
Telecommunications
We represented a cellular telephone provider from Mauritius in proceedings under the supervision of the International Chamber of Commerce Court of Arbitration at Paris, with the place of Arbitration being Stockholm. Preliminary issues were determined by a panel of arbitrators appointed by the ICC, and the main issues were settled before the final hearing.
Counsel: Tony Jordan
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