John Judge

John A.M. Judge

Arbitrator and Barrister
London Chambers: Arbitra International,
Juxon House, 100 St. Pauls Churchyard, London UK EC4M 7E1
Tel: +44 (0) 7930 342 588 (Owen Lawrence)
www.arbitra.co.uk
Toronto Office: Arbitration Place,
Bay Adelaide Centre, 900-333 Bay Street,
Toronto, ON M5H 2R2,
Tel: 416 848 0203
www.arbitrationplace.com
E: jjudge@judgearbitration.com Mobile: 416 473 7399

Background Law Practice

John Judge is an Arbitrator and Barrister with Arbitra International, a new arbitrator chambers in London, England and a Resident Arbitrator and Mediator at Arbitration Place in Toronto, specializing in international and Canadian domestic arbitration. He launched his independent practice as an arbitrator in 2013 after 35 years of counsel practice at Stikeman Elliott LLP in Toronto where he was a senior partner. He was a founding Resident Member of Arbitration Place (Toronto). He was also a Member Barrister at 39 Essex Chambers (London) for 7 years until 2020 when he joined Int-Arb Arbitrators. In May 2021, he joined Arbitra International.

Mr. Judge has over twenty years of experience in international commercial arbitration as arbitrator. He has sat as a sole arbitrator or as chair on many substantial international arbitrations through the International Chamber of Commerce, Paris, the London Court of International Arbitration, the International Centre for Dispute Resolution (the international arm of the American Arbitration Association), SIAC (the Singapore International Arbitration Centre), the BCICAC (British Columbia International Commercial Arbitration Centre) as well as on substantial ad hoc arbitrations. He has been appointed to the arbitration panels of the ICDR, SIAC and the KLRAC, now the Asian International Arbitration Centre. He has been appointed as arbitrator by states and state owned entities as well as by some of the largest mining, oil and gas and wind energy companies in the world. He has also sat as arbitrator on a wide variety of domestic arbitrations of commercial disputes including joint venture and shareholder disputes, intellectual property, construction and related insurance disputes, telecom disputes, gas royalty and lease rent rate disputes. Mr. Judge has also acted as a mediator to assist parties in settling their disputes in a wide variety of cases.

As counsel, he has appeared before trial and appellate courts, including the Supreme Court of Canada, domestic and international arbitral tribunals as well as administrative tribunals including human rights tribunals. He has acted for and against government entities. His recent counsel work has been restricted to court proceedings arising from the conduct of international arbitrations, including applications for the enforcement of ICSID awards and the London International Arbitrator Toronto setting aside of a significant NAFTA award. He is well versed in all forms of injunctive and preemptive interim remedies. As many of his cases involved international issues, he is adept in coordinating cross-border disputes and effectively dealing with jurisdictional issues. Many of his disputes involve issues of interpretation and application of complex contracts under the governing laws of various jurisdictions including England, New York, Texas, Kansas, France, Germany, Venezuela, Peru, Guatemala, Mozambique, United Arab Emirates, Yemen and Singapore, in addition to the Federal and provincial jurisdictions in Canada.

His breadth of experience includes shareholder and partnership disputes, corporate and commercial transactions, banking, insolvency, insurance and reinsurance claims, and civil fraud investigations and claims. His experience as arbitrator or counsel in large engineering and construction disputes and arbitrations ranges from complex industrial plants and facilities including sophisticated cogeneration and hydro-electric facilities, nuclear generation and waste disposal facilities, oil and gas facilities and pipelines, offshore drilling platforms, complex petrochemical plants including copolymer and aromatics plants, mines and gold milling plants, airport facilities, paper mills to air-separation plants, as well as commercial buildings and residential projects including condominium and apartment buildings. He has also handled related product liability and professional negligence disputes involving large industrial equipment in respect of performance guarantees, catastrophic failures causing significant damage and related insurance issues.

In the expanding technology area, he has handled a wide variety of technology disputes related to outsourcing, software development, IP licensing, software implementation, Internet and domain name issues. His experience encompasses disputes over the purchase and sale of real estate, joint venture developments, mining properties including mining royalty disputes, commercial and industrial projects, mortgage enforcement and loan work-outs, receiverships and CCAA restructurings.

He has acted in investor-state disputes, having advised Canadian mining companies with respect to mines located in foreign states and has also acted for investors in the enforcement of international awards in Canadian courts.

Peer Recognition

His expertise has been recognized nationally and internationally:

• Chambers and Partners, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022 ranked in Canada for Dispute Resolution: Arbitration (Band One), and Dispute Resolution: Most in Demand Arbitrators in Canada (Band One) with the following comments:
  • “John Judge is a skilled neutral with experience handling both international and domestic disputes. He splits his time between Canada and the UK, and is frequently appointed to sit in cases arising out of the mining, technology, energy and finance sectors. A source says: ‘I appointed him because he’s very thoughtful and a smart arbitrator.’” (Chambers Global 2021)
  • “Praised as "a very good low-key neutral," John Judge operates a diverse arbitration practice and is a popular choice as counsel for mining disputes, where reportedly "clients themselves consider him an expert in the field." Splitting his time between Canada and the UK, he is regularly appointed to sit in complex domestic and international disputes, including those in the energy, technology and financial services sectors, among others.”(2020)
  • “is a highly experienced commercial arbitrator who garners praise as a "very capable and thoughtful practitioner who certainly has a great international practice." He is often appointed in corporate and commercial cases under both ad hoc and institutional rules. He is further noted for his expertise in technology disputes”(2019).
  • “He is regarded as a ‘first-class lawyer’ and ‘an excellent arbitrator’. His experience encompasses international arbitrations across a variety of industry sectors”. (2017)
  • “The highly respected John Judge of Arbitration Place is ‘right at the very top’ for international arbitration. He is involved in a wide variety of disputes, including arbitrations involving the mining, oil and gas and technology sectors”. (2014)
  • “high-lighted for his dedication and ‘thoughtful and practical’ approach. He acts both as arbitrator and as counsel in international and domestic arbitrations, and clients say: ‘He provides options which enable us to make the best choices for our business.’" (2013)
  • “lauded for his dedication and experience. ’He’s fabulous – he’s very active internationally and is very active in promoting international arbitration and promoting Canada as a venue’”. (2012)
• International Who’s Who of Commercial Arbitration 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022.
• Who’s Who Legal: Canada 2012 and 2013 for three areas of specialty, Arbitration, Commercial Litigation and also Insurance and Reinsurance, and in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022 for Arbitration
• The Legal 500 Asia Pacific 2016 ranked as Tier 1 in Energy International Arbitration with the following commentary:
  • “A very competent, hardworking and approachable barrister:
• The Canadian Legal Lexpert Directory 2012, 2013, 2015, 2016, 2017, 2018, 2019 and 2020 as a leading practitioner most frequently recommended in International Commercial Arbitration
• Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (2012, 2013, 2017, 2018, 2019, 2020, 2021 and 2022) for International Arbitration
• The 2012 PLC Which Lawyer? for Dispute Resolution
• Dispute The Best Lawyers in Canada 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 for Alternative Resolution and International Arbitration

Mr. Judge is AV® Peer Review Rated according to Martindale-Hubbell (Very High to Preeminent), its highest level of professional ranking.

Recent Arbitration Experience

By reason of his experience as arbitrator and counsel, John is well versed in the accepted procedures and practices for the conduct of domestic and international commercial arbitrations to ensure the enforceability of an award.

• (i) As Arbitrator
  • Appointed as a sole arbitrator in an arbitration between a BVI company and a Cayman Islands company regarding an investment agreement governed by BVI law involving crypto currency investment funds and the impact of the insolvency of a parent company, with the arbitration seated in Toronto.
  • Appointed as a party nominated arbitrator by a London based global mining company as majority shareholder in one of the world’s largest gold and copper mines located in Asia in a dispute with a minority shareholder, arising under an earn-in agreement to be determined under Canadian law with a Canadian seat.
  • Appointed as a party-nominated arbitrator by the Canadian subsidiary of a large French corporate group in an ICC arbitration seated in Toronto against an American engineering company with respect to the engineering and construction of a large facility for processing pulses into protein with substantial claims and counterclaims (sitting with Rt. Hon. B McLachlin).
  • Appointed by the LCIA Court as chair of an LCIA arbitration in a dispute governed by Irish law between a nationalized Irish banking corporation as claimant and a Luxembourg company and a French company as respondents in a complex insurance dispute for coverage and indemnity in respect of significant investment claims against the Claimant bank (sitting with Lord Mance).
  • Appointed as presiding president of an ICC arbitration seated in London for a dispute between a major Hollywood film studio and a London UK corporation for breach of a licensing agreement in the use of intellectual property related to the development of a major theme park in the UK.
  • Appointed as Chair of a Combined Integration Dispute Board for a long term, multi-billion dollar subway project in Toronto involving numerous contractors and a provincial government agency responsible for regional public transportation in the greater Toronto area.
  • Appointed as a party-nominated arbitrator by the Canadian subsidiary of a large Saudi energy company in an ad hoc dispute with a Canadian subsidiary of an American parent company with respect to a large electricity storage facility and an electricity supply agreement.
  • Appointed as chair of an ICC arbitration between an American company and a Korean company regarding a dispute over a contract for the supply of testing kits for covid-19, subject to Delaware law and seated in Delaware (with John Fellas and Juliet Blanch).
  • Appointed as a party-nominated arbitrator in an ad hoc arbitration seated in Vancouver regarding a substantial dispute under a development agreement for the zoning and valuation of a prime development property in Vancouver.
  • Appointed presiding president in an ICC arbitration seated in Geneva between two of the largest global wind energy companies, a Spanish subsidiary of the large German conglomerate and an American subsidiary of a large American Fortune 500 company regarding a commercial cross-licensing patent dispute related to patented technology for use in wind power generation turbines (with Judith Gill QC).
  • Appointed as a party nominee in an ad hoc mining dispute between a US corporation which owns and operates a coal mine in Canada and a Canadian provincial power authority with respect to a commercial dispute involving issues of force majeure and termination of a supply agreement.
  • Appointed as a party nominee in an Ontario ad hoc arbitration between a large public gold mining company and a mining royalty company in a gold royalty dispute involving a newly producing gold mine.
  • Appointed as a Sole Arbitrator in an ad hoc arbitration between a Canadian provincial power authority and an independent hydro power producer regarding a dispute over breach of three electricity purchase agreements for three separate power generation projects, with issues of force majeure arising from the impact of the Covid-19 pandemic.
  • Appointed as a party nominated arbitrator in an ICC arbitration seated in London in a shareholder dispute between two Russian businessmen and their companies regarding the operation of a B.V.I. corporation for the investment in and development of a satellite network
  • Appointed as a party nominee by the Nigerian subsidiary of a European oil and gas company in an arbitration with a Nigerian state-owned entity for breach of a joint operating agreement for the development of an offshore oil and gas field, with the arbitration seated in Lagos, Nigeria.
  • Appointed as co-arbitrator in an ad hoc dispute between a major Canadian law firm and a departing partner regarding the interpretation of a partnership agreement and the determination of partnership withdrawal payments.
  • Appointed as a party nominated arbitrator in a series of seven LCIA arbitrations seated in London between the Greek and Turkish subsidiaries of a large Canadian gold mining company and a Swiss trading company regarding disputes in respect of seven off-take agreements for the production at the Greek and Turkish mines.
  • Appointed as Chair of an ICC Tribunal in a substantial arbitration seated in London between a Ghana-based power generation company and a South African engineering and construction company regarding claims arising from design and construction of a 350 MW combined cycle gas power plant with a wide array of claims and cross-claims of approx. USD 235 million (sitting with Andrew White QC and retired Judge Cloete, S.A.).
  • Appointed as Chair of an ICC Tribunal in a substantial arbitration between Dutch affiliates of a large Brazilian oil company and a Brazilian engineering company for the design and build of production modules for eight FPSO vessels for use in a multi-billion dollar oil and gas deep-water project off the coast of Brazil, with claims and cross-claims in excess of USD 653 million (New York seat, with Brian King and Marc Goldstein)
  • Appointed as Sole Arbitrator in an ICC arbitration seated in Atlanta between a large American company and a large Chinese company relating to the termination of a long term supply agreement following a sale and acquisition of the American entity.
  • Appointed as a Sole Arbitrator by a large Swiss Based international mining and trading company and a large Canadian mining company in an ad hoc arbitration regarding a royalty dispute in respect of production for a substantial Peruvian mine.
  • Appointed as party nominated arbitrator in an ad hoc mining arbitration between Canadian public mining companies and their Australian subsidiaries regarding a royalty agreement and right of first refusal in respect of an Australian gold mine.
  • Appointed Sole Arbitrator in a substantial ad hoc arbitration in excess of $100 million in a joint venture mining dispute between American and Chinese owned Canadian subsidiary corporations regarding the development, construction and operation of a substantial iron ore mine in Quebec
  • Appointed as co-arbitrator in a BCICAC arbitration between a Hong Kong based mining company and a Canadian mining company regarding the acquisition of a gold mine located in Ecuador. (with chair Jean Kalicki).
  • Appointed as co-arbitrator in an ICC arbitration seated in Paris between a Middle Eastern state with its relevant ministry and private corporate entities from another Middle Eastern state regarding disputes arising from an oil and gas joint production and sharing agreement and issues of force majeure during civil unrest and war (with W. Peter and K. Hober)
  • Appointed as a party nominated arbitrator by large multinational oil companies in an ad hoc arbitration involving a Canadian provincial government relating to a gas royalty dispute with claims in excess of CAD $ 500 million. (with V.V.Veeder QC, chair and W Rowley QC).
  • Appointed Chair of an ad hoc domestic arbitration in a mining dispute between two public mining companies regarding joint venture and custom milling agreements.
  • Appointed Chair of an ICC Tribunal for a substantial joint venture dispute seated in New York and governed by English law between a large Venezuelan engineering firm and a large public German engineering and manufacturing group regarding a Venezuelan petrochemicals by-product facility (with co-arbitrators Benno Kimmelman and Andrew White Q.C.)
  • Appointed as Chair of an ICC arbitration seated in London between an Australian technology services company and a large multinational mining company regarding a dispute in connection with services provided for a large African mining operation.
  • Appointed Sole Arbitrator in an ad hoc domestic arbitration between a junior mining company and the Canadian subsidiary of an Australian mining company with respect to an option and development agreement for an Ontario gold mining property.
  • Appointed as a party nominated arbitrator in a SIAC arbitration, seated in Singapore under Singaporean law, between a large KoreanFrench joint venture and an American corporation for the design and construction of an aromatics plant in a substantial industrial refinery project in Korea with claims based in breach of contract and fraud.(with H. Heilbron QC and D. Jones)
  • Appointed as a chair of an ICDR arbitration seated in Houston involving a dispute between American subsidiary corporations of large South Korean and Chinese corporations involving substantial amounts claimed and counterclaimed regarding the design and manufacture of ten large oil rigs and platforms for use in the Gulf of Mexico under contracts governed by Texas law.
  • Appointed as Sole Arbitrator in an ADRIC arbitration between the Canadian subsidiary of an American engineering company and a German company regarding the alleged negligent design, construction and operation of a large waste management facility in Toronto
  • Appointed Sole Arbitrator in an ICC arbitration seated in New York governed by New York law for a dispute between a Spanish company and a Chinese corporation regarding the purchase and sale of shares and assets of a Chinese silicon manufacturing company.
  • Appointed as party nominated arbitrator in an ad hoc insurance coverage dispute involving London insurers and a Caribbean state owned electric facility regarding a catastrophic failure and loss at the island state’s sole power plant.
  • Appointed as Emergency Arbitrator by the ICDR regarding an application for emergency interim measures in a dispute between the Gulf Cooperating Council and ICANN regarding the proposed delegation of generic top level domain name, which dispute was governed by California law.
  • Appointed Chair of an ad hoc UNCITRAL arbitration in an oil and gas royalty dispute between a large British based gas corporation and American oil companies over interests in a large oil and gas field in Kazakhstan (seated in Calgary, governed by Alberta law)
  • ICC Arbitration – acted as a co-arbitrator in a substantial ICC arbitration claim between a public Canadian forestry company and a large German corporation for breach of contract, and related insurance issues, in the supply of large industrial machinery by the German supplier for a plant in Northern Ontario, which allegedly caused a catastrophic fire and damages of $60 million. (with chair VVVeeder QC)
  • Appointed as sole arbitrator in a large ad hoc telecom dispute between large Canadian telecom companies arising from a complex M&A transaction.
  • Appointed as a Sole Arbitrator in an hoc arbitration by major Canadian telecom companies regarding a dispute over the management and use of dark fibers within a major fiber optic telecommunications cable network, including complex jurisdictional issues within the arbitration.
  • Appointed as a co-arbitrator in an LCIA arbitration of a dispute arising between foreign owned Kazakh entities in respect of the design and construction of a major oil rig for use in the Caspian Sea.
  • Appointed by LCIA Court as an arbitrator in a dispute amongst an owner, contractor and subcontractor in respect of the design and construction of a liquefied natural gas terminal in Canada.
  • Appointed as a Sole Arbitrator in an ICC arbitration between a Bahraini company and a Texas company regarding the supply of a sophisticated pharmaceutical manufacturing plant and equipment for operation in Bahrain, governed by Texas law with claims based in breach of contract and fraud.
  • Appointed Chair of an ICDR arbitration seated in New York between a large American chemical manufacturer and a large French manufacturer relating to a supply swap agreement governed by New York law.(with co-arbitrator John Townsend)
  • Appointed as a party nominated arbitrator in an ad hoc UNCITRAL arbitration by state owned entities of the United States and the state London International Arbitrator Toronto of Malawi in a dispute with a Danish company over a major infrastructure project.
  • Appointed as a party nominated arbitrator in an ad hoc arbitration between a large Canadian municipality and a waste management company regarding a dispute involving the operation of a waste management facility.
  • Appointed as Sole Arbitrator in an ad hoc pension dispute involving a senior corporate executive and the Canadian subsidiary of a large international consulting firm regarding the entitlement to various pension benefits.
  • Appointed Sole Arbitrator in an ICC arbitration seated in New York between a well-known American plane manufacturer and Dubai based parties regarding a jet plane lease dispute governed by Kansas law.
  • Appointed as a Sole Arbitrator in an ad hoc arbitration between an Ontario municipality and an alternative energy company regarding a claim for force majeure in connection with the construction of wind turbines pursuant to a lease of lands in Northern Ontario.
  • Appointed by the ICDR as Sole Arbitrator for a franchise arbitration seated in Toronto between a Canadian subsidiary of a large international corporation and a Toronto based franchise holder.
  • Appointed an Expert by the ICDR for an Expert Determination in an ICANN gTLD String Confusion Objection Dispute between two large American technology companies with respect to a determination in respect of alleged confusion between two new applied for generic top level domains to be issued by ICANN.
  • Appointed as a co-arbitrator in a Dubai arbitration under the rules of the Dubai International Arbitration Centre for a project management dispute between two prominent companies for a major high profile project in Dubai.
  • ICC Arbitration – co-arbitrator in fundamental breach of contract claim between Canadian and English corporations for large industrial machinery manufactured in Canada for installation at a U.K. plant.
  • Appointed as Sole Arbitrator in an ad hoc arbitration involving a software development and implementation dispute between a Canadian software company and an American radio broadcasting company
  • Appointed Sole Arbitrator in connection with an ad hoc domestic arbitration pursuant to a commercial lease regarding the determination of rent for a lease extension involving a major Toronto property developer and a commercial tenant.
  • Acted as co-arbitrator in an international ad hoc arbitration regarding a private equity investment dispute governed by El Salvador law between a Canadian investment firm and an El Salvador manufacturing business which had moved from Ontario. Issues related to fundamental breach of agreements and repudiation in the context of certain put rights
  • Appointed sole arbitrator in an ad hoc arbitration for a joint venture contract dispute between the Canadian subsidiaries of a foreign based developer and an American financial institution which involved a high profile development property at Bloor and Yonge Street in the heart of Toronto.
• (ii) As Counsel
  • Lead counsel to American investors, Bilcon of Delaware Inc. and its shareholders in successfully resisting a Canadian Federal Court application by the Government of Canada to set aside a NAFTA award on jurisdiction and liability in favour of the American investors. Decision of the Federal Court released May 2018, and reported as Canada (Attorney General) v. Clayton, 2018 FC 436 (CanLii)
  • Lead counsel for Crystallex International in the Superior Court of Ontario for the recognition and enforcement of a US$ 1.2 billion award rendered against the state of Venezuela. Decision reported as Crystallex International Corporation v Bolivarian Republic of Venezuela, 2016 ONSC 4693 (CanLII)
  • Appointed as lead Canadian counsel in a dispute involving a Canadian agency and a Middle Eastern state with respect to a major arms contract and the prospective enforcement proceedings in Canada.
  • Counsel to Korean companies in responding to an application in the Superior Court of Ontario to set aside an international commercial arbitration award delivered in Toronto regarding an African mining project involving a joint venture company in which a Canadian public mining company has an interest.
  • Counsel to a Canadian corporation and its HNW owner in a London Maritime Arbitrators Association arbitration against an Italian yacht manufacturer regarding breaches of a contract with respect to the design and build of a super yacht.
  • Counsel to a Canadian public mining corporation with respect to the enforcement issues in Ontario for an ICSID Award obtained by a Turkish company against the Kyrgyz Republic and its state owned entity which owned shares in the Canadian mining company.
  • Counsel to a Canadian public mining corporation in connection with an investor-state dispute involving mining operations in a Central American country.
  • Counsel to a French nuclear power organization in a large contract dispute and arbitration with Atomic Energy of Canada Limited over development and installation of certain nuclear medical isotope waste facilities. The case involved difficult issues of contract interpretation and complex evidence regarding nuclear engineering and processes related to claims for fundamental breach of contract in the construction of the nuclear waste facility.
  • Counsel for a Canadian Olympic athlete when her selection to Canada’s summer Olympic Team was challenged in an arbitration under the SDRCC, successfully resisting the challenge.
  • Counsel to a large international software company in an ad hoc arbitration over alleged fundamental breach of contract for an enterprise business software license and implementation agreement.
  • Co-counsel in an LCIA arbitration seated in London for a Canadian investment corporation in an investment contract dispute with a Ukrainian corporation over a property development in the Ukraine.
  • Counsel to a Dubai Engineering company in an ad hoc arbitration against an Ontario corporation for breach of contract in connection with a supply agreement

Mediation Experience

Mr. Judge also acts as a mediator of commercial disputes, having acted in dozens of mediations, not only as counsel but also as mediator. He is experienced in the use interestbased and principled-based mediation techniques to achieve a high level of success in the resolution of commercial disputes. His lengthy experience as counsel and also as arbitrator assists in providing insights into the dynamics of complex commercial disputes and the interplay of the legal, commercial and interpersonal\emotional issues which drive disputes and impede negotiated resolutions. As mediator, he works with the parties and their counsel in advance of the mediation to ensure adequate and timely disclosure of forensic facts, documents and legal positions relied upon by the parties in support of their case, as well as the confidential disclosure of important underlying factors which may affect negotiation dynamics, including authority to settle and insurance. He requires sufficient advanced disclosure of material aspects of the case of each party to be able to assess the strengths and weaknesses of the case of each party, their respective interests underlying the dispute and potential barriers to settlement, including missing parties, outstanding information, cultural differences and biases, and any cognitive or emotional issues which may affect the approach by the parties to a negotiated resolution.

His mediation experience encompasses disputes in the following areas: commercial contracts; licensing disputes; shareholder and partnership disputes; complex construction and engineering disputes; insurance coverage disputes; reinsurance disputes; technology and product liability disputes; professional negligence matters; real estate development disputes. His broad dispute experience in key industries such as mining, oil and gas, construction, engineering, and technology also enables him to more effectively mediate and resolve disputes related to these industries.

Industry Experience

Mining, Oil and Gas, Energy – Commercial oil and gas disputes involving joint ventures, shareholder agreements and other commercial agreements including supply, pricing and swap agreements, royalty agreements, leases, well operating, facility processing and transportation agreements and disputes in relation to power purchase agreements within co-generation projects. Also significant experience in an array of mining disputes including mining properties (gold, copper, iron ore), mining and milling operations, off take agreements, royalty and pricing agreements, and commercial investment, joint venture and shareholder agreements involving major and junior mining companies and substantial projects in Canada, the United States, the Middle East, Latin and South America, Africa and Australia.

Construction, Engineering, Infrastructure, Real Estate – a wide variety of construction and engineering disputes in relation to complex industrial plants including sophisticated gas-fired cogeneration and hydro-electric facilities, petro-chemical plants and facilities, nuclear facilities, mines and gold milling plants, iron ore mills, paper mills and air separation plants, as well as design and construction of commercial, government and residential buildings and complexes. Project finance disputes in relation to power generation facilities and real estate development. Acted in a wide variety of real estate development disputes, including joint ventures and partnerships, financing and contractor disputes, leasing disputes including rent rates determinations on lease extensions and has acted as lead counsel for a major Toronto development, construction and property management company.

Technology and Telecommunications – disputes in relation to software development, licensing, and enterprise implementation; outsourcing; business disputes involving technology and telecommunication companies, shareholders, joint ventures, partnerships, strategic alliances as well as matters relating to privacy, confidentiality, licensing and commercialization of IP, electronic commerce and the internet, including domain name disputes.

Insurance and Reinsurance – commercial insurance disputes (including property, D&O, energy, professional liability, product liability, environmental) and excess coverage disputes, including Bermuda form policies. Also acted in reinsurance disputes and brokerage disputes.

Banking, Investment, M&A – a wide variety of banking, finance and private equity disputes in sophisticated transactions; disputes arising from mergers and acquisition; corporate, shareholder, partnership and joint venture disputes.

Transportation – disputes involving airplane leases, cargo losses with carriers by air, truck and ship, maritime accidents; engineering, design and manufacture of rail and subway cars.

Professional Activities

As an arbitrator, Mr. Judge is a Fellow of the Chartered Institute of Arbitrators (FCIArb); member of London Court of International Arbitration (LCIA); past Vice-President of its North American Users Council(2007-2013); ICC Canada, past member of the Executive; member of the Institute for TransNational Arbitration, Dallas (Advisory Board Member); Panel Member for the International Centre for Dispute Resolution (international arm of the AAA); Panel Member of the Singapore International Arbitration Centre and also for the Kuala Lumpur Regional Arbitration Centre, now the Asian International Arbitration Centre. He is a Member of ICCA, the International Council for Commercial Arbitration, The Hague. He is a founding member of the Arbitration Roundtable of Toronto and the Toronto Commercial Arbitration Society, for which he is a Past Chair. He has become a member by invitation of the London International Arbitration Club. He is also a founding Member of Arbitration Place in Toronto.

Mr. Judge is a member of The Advocates’ Society (past director 1987-89, 1992); Canadian Bar Association; and International Bar Association. He was a director for fourteen years and past president (2006-2007) of The Sopinka Cup Society, sponsor of the Canadian National Trial Advocacy Moot Competition for law schools; past instructor at the annual Osgoode Hall Intensive Trial Advocacy Program, Toronto.

Publications & Speaking Engagements

Mr. Judge has written many articles and spoken on a wide variety of legal and advisory issues, including:

• Keynote Speaker, Dispute Symposium by Keating Chambers and Worshipful Company of Arbitrators, presentation on Canadian Dispute Resolution, London, UK, December 2022.
• Juris Conference on Virtual Hearings, panel presentation on perspective of arbitrator in a virtual hearing, May 2020
• ICC UK Webinar, Presentation on Conduct of Virtual Hearings, April 2020.
• London International Arbitration Supper Club, Keynote Speaker at the inaugural New York City dinner, February 2020.
• London International Disputes Week, May 2019, Latham & Watkins Energy Disputes Conference, presentation on Gas Price Review Arbitrations.
• Toronto Commercial Arbitration Society, May 2019, presentation on Commercial Arbitration in Toronto: Past, Present and Future.
• 39 Essex Chambers Energy Conference, London, UK, 27 September 2018, Damage Issues in International Arbitration
• CDR Spring Arbitration Symposium, London, UK, 26 April 2018, “Who Owns the Arbitration”, speaker providing perspective of the arbitrator.
• Author of “Arbitral Advocacy”, a chapter in “A Practitioner’s Guide to Commercial Arbitration”, ed. M Huberman, Irwin Law, 2017
• The Advocates Society Program on Arbitral Advocacy, Guest Speaker on Advocacy from the Perspective of the Arbitrator, Toronto, November 2017 and 2014.
• Osgoode Professional Development Certificate Program in Construction Law (5 day program), lecturer on arbitration of construction disputes, Toronto, November 2014.
• Foundation for International Arbitration Advocacy, guest lecturer\arbitrator in arbitral advocacy program for associate lawyers in international arbitration, London, November 2014
• Atlanta International Arbitration Society conference on Africa Related International Arbitrations, speaker on International Arbitration in Mining and the Extractive Industries, November 2014
• Moderator and Speaker on Current International Commercial Arbitration Issues, Conference with Kuala Lumpur Regional Centre for Arbitration and 39 Essex Street Chambers, Kuala Lumpur, September 2014
• Practising Law Institute, International Arbitration 2013 Conference, speaker on Arbitrator Deliberations, New York, June 2013
• The Eighth Annual Fordham Law School Conference on International Arbitration and Mediation, speaker and author on “The Impact of Technology on the Nature of Substantive Claims Asserted in International Arbitration”, New York, April 2013.
• Keynote Speaker, Commercial Arbitration in Toronto: The Past, The Present, and The Future Challenges, ASAP Arbitration Place, Toronto, January 2012
• ICC Canada Conference Program, It’s Time For a Fresh Look at Canadian Arbitration Legislation, speaker on Interim Measures, Ottawa, October 2011
• Speaker, Toronto Commercial Arbitration Society, Conference for General Counsel, Cost Effective Dispute Resolution, Arbitrate or Litigate, Toronto, September 2011
• The Anatomy of an International Mining Dispute, conference chair, speaker and moderator, Toronto, March 2011
• Toronto Commercial Arbitration Society, Inaugural Conference, Chair and speaker, Toronto, October 2010
• Co-author of Canadian chapter in Getting the Deal Through – Arbitration 2010, 2011, 2012 and 2013.
• Speaker at the ICC Canadian National Committee Workshop on Parallel Proceedings in International Commercial Arbitration, October 2008.
• Speaker on Enforcement of International Commercial Arbitration Awards, Arbitration Roundtable of Toronto Conference on Arbitration: A Primer for Corporate Counsel, October 2008.
• Moderator and speaker at LCIA North American Users’ Council Symposium in Toronto, September 2007; Washington 2009, and Vancouver 2010, Toronto 2013.
• Moderator and speaker on “Foresight: Strategies in Resolving Technology Industry Disputes in North America”, ADR After NAFTA Conference with The International Centre for Dispute Resolution, Toronto, September 2007.
• Speaker on “Developments in Discovery and Taking Evidence for Use in Arbitration”, Conference on Current Issues in Canada – U.S. Arbitration Practice: A Canadian Perspective with the New York City Bar Association, New York, June 2007.
• Speaker on “Recent Developments on Discovery in Arbitration”, Conference with the Ontario Bar Association and ADR Institute of Canada, May 2007.
• Speaker on “Preparation for Arbitration”, Conference on Advanced Commercial Arbitration through the Law Society of Upper Canada and The Advocates’ Society, April 2007.
• Speaker on “The Charter of Rights in Regulatory Proceedings”, Conference: Regulators at the Gates, October 2006.
• Chair and speaker for a Conference by Arbitration Roundtable of Toronto, Arbitration for the InHouse Counsel, Toronto Board of Trade, September 2006.
• Chair and speaker for a Conference by the Arbitration Roundtable of Toronto, Arbitration for the Corporate Lawyer: Essentials for an Effective Arbitration Clause, Toronto Board of Trade, October 2005.

Education

FCI Arb (2006), University of Toronto (LL.B. 1975, BA 1972).

Bar Admission:

Ontario, 1977.