Barry Leon is a Partner and Head of the International Arbitration Group at Perley-Robertson, Hill & McDougall LLP/s.r.l. Barry is one of our Ottawa international arbitration and litigation lawyers specializing in international contracts, commercial, employment, intellectual property and has more than 30 years of experience as counsel, acting on many complex and significant cases for a wide variety of clients and involving many different industries. His industry experience includes financial services, natural resources and energy, technology and intellectual property, manufacturing, construction and projects, and consumer products.
He is an active member of numerous international arbitration and dispute resolution organizations and institutions, serving in executive positions, and on special task forces and commissions, and organizing international conferences and events. He is the Chair of ICC Canada, the Canadian National Committee of the International Court of Arbitration of the International Chamber of Commerce (ICC).
While Barry primarily acts as counsel in disputes, he also serves as an arbitrator and mediator on international and domestic cases. He is a fellow of The Chartered Institute of Arbitrators (FCIArb) and an International Mediation Institute (IMI) Certified Mediator. Barry is a commercial arbitrator and mediator with Arbitration Place and with ADR Chambers and an international arbitrator with the International Centre for Dispute Resolution's Panel of Arbitrators. As well he sits as an arbitrator on ICC international arbitrations and is a Canadian Transportation Agency Qualified Arbitrator.
Barry regularly chairs conferences and panels, and speaks and writes extensively on various international disputes and related topics, including international and domestic arbitration, litigation, mediation and negotiation. He is regularly referred to and quoted in the media on arbitration, mediation and other legal topics.
Barry has received numerous professional recognitions over the course of his career, most recently:
•Law Business Research's The International Who's Who of Commercial Arbitration 2013
•Law Business Research's The International Who's Who of Business Lawyers 2013
•The Best Lawyers in Canada 2012 - International Arbitration. Alternative Dispute Resolution, Corporate and Commercial Litigation, and Class Action Litigation.
•Lexpert/American Lawyer's Guide to the Leading 500 Lawyers in Canada 2012 - Leading lawyer in international arbitration
•Law Business Research's The International Who's Who of Arbitration 2010 - Leading Lawyer in Canada
•Lawyers Weekly “In House Counsel” Magazine - Top Canadian Lawyers 2012
•Commercial Arbitration Expert Guide, 10 th edition - one of the world's leading commercial arbitration lawyers.
•Woodward White's The Best Lawyers in Canada - international arbitration, alternative dispute resolution, class action litigation, and corporate and commercial litigation
•Lexpert/Thomson Canada's Canadian Legal Lexpert Directory - Most frequently recommended practitioner in international commercial arbitration
•Legal Media Group's Guide to the World's Leading Experts in Commercial Arbitration - Leading Lawyer in Canada
•Lexpert's Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada - Leading Lawyer in International Commercial Arbitration.
Disputes in which Barry has represented clients include:
•Co-Counsel to Middle Eastern construction company in ICC arbitration involving energy construction project in Africa.
•Counsel for a Russian party in a London seated international arbitration under the Rules of the London Court of International Arbitration (LCIA) involving a Russia-based commercial dispute.
•Counsel for a Middle Eastern chemical company in obtaining world-wide freezing orders.
•Counsel for a Canadian lender in relation to the enforcement of commercial loans in India and Africa.
•Counsel for major international computer services and software company in software licensing dispute with a European software company.
•Co-counsel for North American manufacturer in an ICC arbitration against a South-East Asian natural resources company for breach of a long term supply agreement.
•Member of Disputes Oversight Committee for owner of a major energy construction project.
•Co-counsel for American company and its Latin American affiliate in an international arbitration against a Latin American country based on contractual claims.
•Counsel for Canadian film and entertainment company involved in an international arbitration and related court jurisdictional challenges with US production company and an international entertainment company.
•Counsel for Latin American energy company in dispute with Canadian equipment supplier.
•Counsel for minority shareholder in two regional airlines in ad hoc commercial arbitration to value the airlines and the minority interest, following a corporate oppression action against the majority shareholder, a major international airline.
Disputes in which Barry has served as arbitrator or expert include:
•Co-arbitrator in an ICC arbitration relating to a joint venture dispute in the manufacturing sector.
•Sole arbitrator in an ICC arbitration in relation to the airline industry.
•Sole arbitrator in ICDR shareholder oppression arbitration between American and Canadian parties.
•Sole arbitrator in ad hoc arbitration concerning a commercial partnership break-up.
•Sole arbitrator in Canadian Arbitration Association (CAA) arbitration concerning an independent contractor agreement.
•Sole arbitrator in ad hoc arbitration relating to a professional services firm.
•Sole arbitrator in ADR Chambers arbitration involving a shareholder dispute.
•Sole arbitrator in ADR Chambers arbitration of a contract dispute between Australian and Canadian parties.
•Expert witness in opposition to an anti-arbitration injunction in Latin America.
•Best Lawyers 2006-2015 in Alternative Dispute Resolution, Class Action Litigation, Corporate and Commercial Litigation & International Arbitration.
•International Arbitration and Dispute Resolution Organizations and Institutions
•ICC International Court of Arbitration: Chair, ICC Canada; Member, ICC Commission on Arbitration
•International Bar Association: Member, IBA Rules for Investor-State Mediation Sub-committee; Member, Arbitration, Mediation and Litigation Committees.
•International Law Association: Director (and former Vice-President), Canadian Branch; Member of International Commercial Arbitration Committee.
•Arbitration Place: Member, Advisory Board; Member Arbitrator.
•The Advocates' Society: Co-Chair, Arbitration and Mediation Advocacy Practice Group; Member, Practice Group Standing Committee.
•Canadian Bar Association: Executive, Dispute Resolution Committee of International Law Section.
•CPR Institute for Conflict Prevention & Resolution: Member, Task Force on Diversity in ADR; Member, Arbitration Committee.
•International Centre for Dispute Resolution (international division of American Arbitration Association): Member, Canadian Advisory Committee; Member, Panel of Arbitrators.
•Centre for Effective Dispute Resolution (CEDR): Member, Commission on Settlement in International Arbitration.
•Commercial Litigation and Arbitration Review: Member, Board of Editors.
•March of Dimes Canada “Ability and Beyond” Gala Committee
•Association of Progressive Muslims of Canada, Advisory Board
•“International Hearings Increasingly Transparent”, The Lawyers Weekly, ADR Focus section, April 4, 2014.
•“The Last Frontier in Diversity: Increasing Diversity among Arbitrators and Mediators”, ADR Update, Newsletter of the ADR Institute of Ontario, Spring 2014.
•“How Canada's Joining the World Bank's Treaty on Investment Disputes Can Help Protect Your MENA Region Investments”, Canada Arab Business Council Newsletter, March 2014 (with John Siwiec).
•“International Guidelines Aim to Ensure Fairness”, The Lawyers Weekly, ADR Focus section, February 14, 2014 (with John Siwiec).
•“Interested Non-Party Cannot Challenge Recognition and Enforcement of ICSID Award SISTEM V. KYRGYZ Republic (2012 ONSC 4351)”, The Institute of Transnational Arbitration, Vol 27, No 2, Second Quarter 2013 (with John Siwiec).
•Book Review, IBA Rules of Evidence: Commentary on the IBA Rules on the Taking of Evidence in International Arbitration, by Tobias Zuberbühler, Dieter Hofmann, Christian Oetiker and Thomas Rohner”, The Paris Journal of International Arbitration, 2013-4 (with John Siwiec).
•Canada Ratifies World Bank's Treaty on Investment Disputes, Canadian Corporate Counsel Association magazine, Winter 2013 (with John Siwiec).
•“Dispelling 3 Current Myths About Arbitration”, The Lawyers Weekly, ADR Focus Section, March 29, 2013 (with John Siwiec).
•“Arbitration: Seven Tips for In-House Counsel”, The Lawyers Weekly, December 11, 2012 (with John Siwiec).
•“Canada's Federal System and Investment Treaty Arbitration: ICSID Ratification and Claims from Provincial and Territorial Measures”, Canadian Arbitration and Mediation Journal, Vol 21, No. 2, December 2012. (with Andrew McDougall and John Siwiec).
•Panorama of World Case Law: Canada, The Paris Journal of International Arbitration, 2012-4 (with John Siwiec and Elizabeth Montpetit)
• Seven Tips for Faster, More Cost-Effective Arbitration, The Lawyers Weekly, September 14, 2012 (with John Siwiec)
•Canadian developments in international arbitration: a new arbitration hearing centre and more supportive court decisions, International Bar Association Arbitration News, Vol 17 No 2, September 2012 (with John Siwiec)
•“Ontario Court of Appeal Limits Review of Arbitrator's Interlocutory Orders in Domestic Arbitrations”, Commercial Litigation and Arbitration Review, Vol. 1, No. 3., August 2012 (with John Siwiec).
•Federal Court Confirms Validity of No-Class Action Arbitration Agreements under Competition Act, Ontario Bar Association's Class Act, Vol. 2, No. 2, July 2012 (with John Siwiec).
•“British Columbia Court of Appeal Rules in Favor of Expeditiousness and Finality of Arbitration”, Mark J. Goldstein Litigation and Arbitration Commentaries, April 4, 2012 (with John Siwiec).
•Court Upholds Ability to Tailor Proceedings, The Lawyers Weekly, Vol. 31, No. 44, March 30, 2012 (with John Siwiec).
•Canadian Supreme Court Sends Dispute to Arbitration Despite the Filing of a Defence in Court Litigation”, Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, March 23, 2012 (with John Siwiec).
•Canada and Investment Treaty Arbitration: Three Prominent Issues - ICSID Ratification, Constituent Subdivisions, and Health and Environmental Regulation (2011) 8 South Carolina Journal of International Law and Business 63 (with Andrew McDougall and John Siwiec).
•A Holistic Approach to Arbitration, The Lawyers Weekly, Vol. 31, No. 30, December 2011 (with Andrew McDougall and John Siwiec).
•“Ontario Court of Appeal Clarifies Standard of Review for Arbitral Awards and Confirms NAFTA Tribunal's Award of Upstream Losses”, North American Free Trade & Investment Report, Vol. 21, No. 19, October 2011 (with Andrew McDougall and Daniel Taylor).
•“NAFTA Countries Seeking to Set Aside 'Upstream Losses' Award: When Should Courts Intervene?”, North American Free Trade & Investment Report, Vol. 21, No. 4, February 2011 (with Andrew McDougall and Daniel Taylor).
•“Left Holding the Bill: Can the NAFTA Countries Recover From Their Constituent Territories, North American Free Trade & Investment Report, Vol. 21, No. 1, January 2011 (with Andrew McDougall).
•“Is The System Working: What Lessons Can Be Learned From A Canadian Trilogy Of Investor Claims (Abitibibowater, Chemtura, First Quantum Minerals)?”, Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, September 15, 2010 (with Andrew McDougall).
•“To Specialize or Not: How Should National Courts Handle International Commercial Arbitration Cases?”, Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, September 2, 2010 (with Andrew McDougall).
•“Why Has Canada Not Ratified the ICSID Convention?,Kluwer Arbitration Blog, www.kluwerarbitrationblog.com,August 24, 2010 (with Andrew McDougall).
•“Why Canada Leads as the Model Law Turns 25”, Kluwer Arbitration Blog, www.kluwerarbitrationblog.com, August 10, 2010 (with Andrew McDougall).
•“Keeping Courts' Hands Off Arbitration: Bahrain's Innovation, The Lawyers Weekly, Vol. 29, No. 49, June 2010 (with Andrew McDougall).
•“Med-Arb: in Ontario: Enforceability of Med-Arb Agreement Confirmed by Court of Appeal”, co-author, New York Dispute Resolution Lawyer, vol. 2, no 1, Spring 2009.
•“Determined to Make the Horse Drink”, International Bar Association's Mediation Newsletter, vol. 5, no. 1, April 2009.
•“An Arbitration Gone Bad Not Arbitration Gone Bad”,Commercial Litigation Review, vol. 7, no. 1, February 2009.
•“Dispute Resolution in the Recession”, The Lawyers Weekly, February 2009.
•“A Wake-up Call: It's Time to Protect Investment Protection”, Institute for Transnational Arbitration's News and Notes, vol. 22, no. 2, Spring 2008.
•“The Canadian Position: Can Parties to an Arbitration Agreement Vary the Statutory Scope of Judicial Review of the Award?” ILSA Journal of International and Comparative Law, vol. 14, no. 2, Spring 2008.
•“Vienna in Springtime”, co-author, chap. 5, The Vis Book: A Participant's Guide to the Willem C. Vis International Commercial Arbitration Moot, ed. Janet Walker, NY: JurisNet, LLC, 2008.
•“Med-Arb: Ontario's Appeal Court Brings More Effective Dispute Resolution One Step Closer”, co-author,International Bar Association's Mediation Newsletter,December 2007.
•“Place of Arbitration Critical to Compelling Pre-Hearing Evidence From Non-Parties”, The Institute for Transnational Arbitration's News and Notes, vol. 21, no. 2, Spring 2007.
•“A Road Not Taken: Canadian Court Misses Opportunity to Confirm That Patent Disputes Are Arbitrable, co-author,International Bar Association's Arbitration Newsletter,September 2006.
•“Safe to Apologize: New Law in British Columbia”, co-author, International Bar Association's Mediation Newsletter,September 2006.
•“Canada on the World Stage in International Arbitration”,Chartered Institute of Arbitrators' Arbitration, vol. 72, no. 2, May 2006.
•“Special Considerations When a State is a Party”, co-author, American Arbitration Association's Dispute Resolution Journal, February-April 2006.
•“Arbitration of Patent Infringement and Validity Issues Worldwide”, co-author, Harvard Journal of Law & Technology, vol. 19, spring 2006.
•“Debunking Some Common Arbitration Myths: Benefits over court proceedings include cost, flexibility”, Perley-Robertson, Hill & McDougall website, www.perlaw.ca, May 2014 (with John Siwiec).
•Co-Chair - International Association of Procedural Law Conference, Toronto, June 2009, presented by New York University School of Law and Osgoode Hall Law School (York University), and Moderator - Lessons from International Commercial Arbitration.
•Co-Chair - Being Counsel in International Arbitration: What You Need to Know, Toronto, June 2009, presented by Osgoode Professional Development and The Advocates' Society.
•Co-Chair - International Bar Association Litigation Conference, “Crisis Litigation: The Role of the Lawyer”, Toronto, 2008 presented by Litigation Committee, Corporate Counsel Forum and North American Forum, IBA.
•Organized first 'Heads of Litigation Retreat', Toronto, 2008 - meeting of leaders of dispute resolution practices from around the world (co-founded and co-organized 'Heads of Litigation' meetings in conjunction with past five International Bar Association annual conferences).
•Chair - The Roger Fisher Tribute, Toronto, 2007 (tribute to Professor Roger Fisher by 26 dispute resolution organizations from around the world).
•Co-Chair - 72nd Biennial Conference of the International Law Association (ILA 2006), Toronto, 2006.
Speeches, Presentations and Teachings:
•Course Co-Chair, Federated Press' “Mitigating Risks of Doing Business with Brazil”, Russia, India and China, and speaker “Why Arbitration Clauses are Essential When Doing Business in Brazil”, Russia, India and China, 2008”, 2008 and 2009.
•“Negotiating and Drafting Commercial Arbitration Clauses in International Contracts”, Canadian German Lawyers Association's Dispute Resolution: Canada and Germany, 2008.
•“Corporate Strategies for International Dispute Resolution”, International Centre for Dispute Resolution's North American Dispute Resolution Series, “ADR After NAFTA”, Chicago, 2008.
•Keynote Address: “Canada's Legal System: Should We Be Proud?”, Association of Progressive Muslims of Canada's Eid-ul-Fitr Dinner at Parliament Hill, Ottawa, 2007.
•“International Arbitration: Fresh Ideas for a Changing World” and “Judicial Review of Arbitration Awards in the United States, France and Canada”, International Law Weekend, ILA American Branch, New York, 2007.
•“Canada and the ICSID Convention”, Canadian Council for International Law 36th Annual Conference, Ottawa, 2007.
•“ADR After NAFTA”, International Centre for Dispute Resolution's North American Dispute Resolution Series, Toronto, 2007.
•“Risk Assessment: Avoiding the Pitfalls and Mistakes in International Arbitration,” International Centre for Dispute Resolution's North American Dispute Resolution Series, Mexico City, 2007.
•“Tertulias: Roundtable Discussion,” International Centre for Dispute Resolution's 5th Annual Miami International Arbitration Conference -Arbitration in Las Americas: A 360 View, Miami, 2007.
•“Selection and Appointment of Arbitrators,” International Centre for Dispute Resolution's The Common Law/Civil Law Gap: Issues and How International Arbitrators May Resolve Them”, New York, 2006.
•“Mediation in the Court Process” (co-chair), International Bar Association conference, Chicago, 2006.
•Panel Chair, “Special Considerations When a State is a Party”, Canadian Bar Association/ICC International Court of Arbitration's Arbitration Conference, 2005.
•Panel Chair, “Appointment, Challenge and Replacement of Arbitrators: The Role and Importance of Appointing Authorities”, Canadian Bar Association/UNCITRAL's Arbitration Conference, 2004.
•Panel Chair, “Enforcement of Awards Resulting from Energy Disputes”, Canadian Bar Association/ICC International Court of Arbitration's Arbitration Conference, 2003.