GAR Analysis

• No. of pending cases: 6
• Value of all claims: US$600million
• No. of appearances in Who's Who: 2
• No. of treaty cases: 2
• No. of arbitration appointments (No. as chair or sole): 15(10)

McMillan Binch Mendelsohn established its international arbitration group as a formal stand-alone element this year.

The firm has decided to attach 10 lawyers to the group, eight of whom are partners. William Rowley QC, the firm's chairman, is head of the new practice area. Rowley is, among other things, a serving member of the LCIA's court and in much demand as an arbitrator. He operates his arbitration cases from 20 Essex Street in London. In addition to having appeared in the top 20 individuals by nomination in the Who's Who for the first time this year, Rowley is the chair of GAR's editorial board.

At the counsel level the group has been reinforced by the return of Robert Wisner, a former member of investment arbitration boutique Appleton & Associates. Wisner joins as partner. His return means the group has considerable experience. Wisner, during his four years away, was lead counsel on several leading cases, including UPS v Canada where he was one of the counsel to UPS. Rowley is regularly selected as chair and party-appointed arbitrator on ICSID matters. He presided over the long-running Vivendi v Argentina case, which ended this year in a US$105 million award for the investor. One source described the award as "magisterial".

Members of the firm are acting as advocates on six arbitrations on its books - one of which is (impressively) in English and Mongolian. Two are treaty arbitrations and the firm is acting for the government in one of those.

Partner David Kent was featured several times this year in the national press for work on an unusual, art-related arbitration. Kent is counsel to the Beaverbrook Foundation, which is seeking the return of valuable paintings from a Canadian gallery. The paintings in question include several Old Masters and are worth millions. The arbitration was also unusual for having a public gallery.

That matter aside, McMillan Binch Mendelsohn lawyers have acted as counsel in multiple merits hearings, of which three were treaty-related. The commercial arbitrations took place under the British Columbia International Arbitration Centre's rules and ad hoc. PetroCanada is one of the group's current referees.