McMillan’s international arbitration practice was formed around leading arbitrator J William Rowley QC, who has since retired from the partnership. In 2007, the firm persuaded partner Robert Wisner to return after working for many years at investment arbitration boutique Appleton & Co in Washington, DC. The practice now has around 10 lawyers, engaged on domestic and international arbitration, including investment law work. Wisner and Markus Koehnen lead the practice. A series of mergers mean the firm now has commercial litigators on the ground in Montreal and Calgary, but for the most part the arbitration work is run from Toronto.
The group can still call on the experience of J William Rowley QC, who is now chairman emeritus of the firm and available to serve as special counsel when required. (He is also chairman of GAR’s editorial board.) A number of the firm’s associates have taken the opportunity presented by Rowley’s arbitrator practice to serve as tribunal secretaries.
- Pending cases as counsel:
- Treaty cases:
- Current arbitrator appointments:
Who uses it?
The arbitration group regularly acts for Canadian and international mining companies in investment disputes. Recent examples of this work include a US$100 million ICC arbitration against a west African state entity and claims against Barbados, Venezuela and Ecuador. In addition, the practice also counts the International Air Transport Association as a regular client.
At the start of the year, McMillan absorbed another Canadian firm, Lang Michener, which also has a strong presence in the mining sector. Lang Michener does not have an independent international arbitration group, but litigation partner Nairn Waterman has experience of commercial arbitration.