John Lorn McDougall
Academic Qualifications:Carlton Univerity (BA, Economics)
Osgoode Hall Law School (LL.B)
Professional Memberships:Member of panel of International Centre for Dispute Resolution; 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; International Centre for Dispute Resolution; Arbitration Association of Ontario; CPR Institute for Dispute Resolution; Advocates Society (Past Director); County of York Law Association (Past Trustee); Canadian Bar Association; Canadian Council of Business; International Law Association; Canadian Institute for International Affairs; International Bar Association; Osgoode Society; 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; Fellow of the American College of Trial Lawyers; Fellow of the Chartered Institute of Arbitrators.
Arbitration Experience: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. Cases in the last several years include: 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 (ICDR) 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. Chair of the ICC arbitration arising out of frauds at an Austrian Bank, subject to New York law, seated in New York City (2011) Chair of an ICDR arbitration arising out of claims between reinsurance and medical insurance providers in the USA. Subject to California law seated in New York City (2010). Member of an arbitration tribunal constituted under ICDR rules which heard a dispute between a Swiss based commodities broker and a U.S. based aluminum smelter. The issue was centred on the question whether the feedstock supplier was entitled to declare force majeure with respect to its contractual obligations because of the prevailing economic condition. The case was conducted under New York law and was seated in New York City. Member of the arbitration tribunal involving a dispute between a Saudi Arabian investor in a 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.
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