Background
Pitman Potter is a consultant to our Vancouver office. Dr. Potter was admitted to the British Columbia Bar in 1996. He is a graduate of George Washington University with a BA in Chinese Studies (History). He received his advanced training at the University of Washington, receiving a Juris Doctor (JD) in 1985 and a Ph.D in 1986.
Areas of Practice
· Dr. Potter practices in the areas of:
- Chinese law (particularly trade, investment, intellectual property, and dispute resolution)
- International trade.
- International commercial arbitration.
Professional Experience
· Borden Ladner Gervais LLP (consultant on China business matters).
- Fluent in Mandarin Chinese (reading, spoken and written).
- Assisted Canadian manufacturing company on negotiations and drafting for joint venture project in China (2002-2003).
- Assisted Canadian manufacturing company on selection of China-based representative and establishment of foreign representative office in China (2002-2003).
- Act as party-appointed arbitrator for arbitration in China (2002-2003).
- Provide advice and assistance to US company on arbitration in China (2003).
- Provide advice and assistance to Canadian company on establishment of a wholly foreign owned enterprise in China (2003).
- Consultation to Ontario company in connection with arbitration settlement discussions involving foreign exchange and finance guarantees (2000 - 2001).
- Consultation to two separate Vancouver technology companies on financial guarantees to support intellectual property protection commitments (2000-2001).
- Consultation to a large Canadian bank seeking performance on letter of credit (1999-2000).
- Chair of ad hoc arbitration panel in foreign investment dispute, a major part of which concerned financial accounting and profit repatriation (1997-1999).
- Analysis of current legislation and regulatory framework on power industry in China for infrastructure finance consortium with partners in Washington State and Hong Kong (1998).
- Consultation to large Canadian bank on foreign exchange aspects of operating branch offices in China (1996-97).
- Analysis of current legislation and regulatory framework for infrastructure financing (including power industry) in China on behalf of Asia Pacific Economic Cooperation (APEC) forum (1995).
- Analysis of current legislation and regulatory framework on power industry in China on behalf of Canadian company planning investment in power sector (1993).
· Graham & James (associate attorney specialising in China business matters).
- Corporate practice focused on negotiation and contract preparation for joint ventures in the areas of power generation, manufacturing, leasing and finance, technology transfer.
- Arbitration practice in ad hoc arbitrations and arbitrations before China International Economic and Trade Arbitration Commission (CIETAC).
· Also acts for issuers, underwriters and purchasers in public offerings and private placements of debt and equity securities in Canada, USA and Europe.
· Works closely with other members of the firm in coordinating legal due diligence and effecting corporate restructurings in connection with corporate financings or M&A work.
· Maintains a wide-ranging commercial practice through transactional and ongoing representation of both established industrial companies as well as budding enterprises involved in knowledge-based industries.
Professional and Community Activities
· Professor of Law, UBC Law Faculty
· Director, UBC Institute of Asian Research
· Memberships in Scholarly Societies: American Society of International Law; Association for Asian Studies; Canadian Asian Studies Association; Canadian Law and Society Association; Law and Society Association
· Memberships in Professional Societies: American Bar Association; British Columbia Law Society; Canadian Bar Association; California Bar Association; Canadian Association of Law Teachers; International Bar Association; Washington State Bar Association
· Directorships: Canada - China Business Council; British Columbia Commercial Arbitration Centre (Board of Trustees).
· Expert Witness: U.S. District Court, Western District of Washington: Reported on contract practice and legal language in the PRC, 1994; U.S. District Court, Central District of California: Reported on law of PRC on corporate status of branch companies, 1993; King County District Court,
· Seattle, Washington: Reported on law of PRC on corporate status of branch companies, 1992; Canada Immigration and Refugee Board: Reported on Chinese criminal justice system and treatment of dissent; reported on likelihood treatment of Chinese citizens on return to China; general reporting on Chinese legal system, 1993-1996; Hong Kong Justice Courts: Reported on law and practice of PRC dispute resolution, 1990.
· Arbitrator: British Columbia International Commercial Arbitration Centre; China International Economic and Trade Arbitration Commission (CIETAC); Ad Hoc arbitrations.