John Judge is a leading independent arbitrator specialising in international commercial disputes.
He was at Stikeman Elliott LLP in Toronto for over 35 years where he left as senior partner to launch his arbitrator practice. He then became a member of 39 Essex Chambers (London) until 2020 when he joined Int Arb Arbitrators. John is also a founding member of Arbitration Place (Toronto).
John has sat as arbitrator and chair on substantial international disputes under ICC, LCIA, AAA-ICDR, SIAC, BCICAC and AdHoc rules in a variety of seats including London, New York, Paris, Houston, Washington, Canada and the Middle-East.
His extensive experience in complex commercial matters as arbitrator include large construction engineering and infrastructure and energy and natural resource disputes including minding, oil & gas. John has also handled a wide variety of investor state, insurance and reinsurance, banking, investment, M&A, telecommunications & IT, and transport disputes.
John has also sat as arbitrator on a wide variety of domestic arbitrations of commercial disputes including joint venture, shareholder, construction and related insurance disputes, telecom, gas royalty and lease rent rate disputes.
He also acts as a mediator to assist parties in settling their disputes in a wide variety of cases.
Construction, Engineering & Infrastructure
John is experienced as arbitrator and counsel in large engineering and construction disputes and arbitrations ranging from complex industrial plants including sophisticated cogeneration and hydroelectric facilities, nuclear generation and waste disposal facilities, oil and gas facilities and pipelines, offshore drilling platforms and FPSOs, complex petrochemical plants including copolymer and aromatics plants, mines and gold milling plants, paper mills to air-separation plants, as well as commercial buildings and residential projects including condominium and apartment buildings.
Energy & Natural Resources
John has acted as arbitrator in numerous disputes involving mining properties (gold, copper, iron ore), mining and milling operations, off take agreements, royalty agreements, commercial investment and joint venture agreements. His commercial oil and gas disputes have involved joint ventures and other commercial agreements including supply, pricing and swap agreements, royalty agreements, leases, well operating, facility processing and transportation agreements.
He is experienced as arbitrator and counsel in large engineering and construction disputes and arbitrations ranging from complex industrial plants including sophisticated cogeneration and hydroelectric facilities, nuclear generation and waste disposal facilities, oil and gas facilities and pipelines, offshore drilling platforms and FPSOs, complex petrochemical plants including copolymer and aromatics plants, mines and gold milling plants, paper mills to air-separation plants, as well as commercial buildings and residential projects including condominium and apartment buildings.
John has been appointed as arbitrator by states and state owned entities as well as by some of the largest mining and oil and gas companies in the world.
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.
- Appointed presiding president in an ICC arbitration seated in Geneva between a Spanish subsidiary of the large German conglomerate and a subsidiary of a large American Fortune 500 company regarding a commercial patent licensing dispute related to patented technology for use in wind power generation platforms (sitting with Judith Gill QC).
- Appointed as a Sole Arbitrator in an arbitration between a Canadian provincial power authority and an independent 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 co-arbitrator in a 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 arbitration 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 (sitting with C Partasides QC).
- 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).
- 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).
- 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 a mining dispute 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).
- 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 Korean-French 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 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 Co-operating 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 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 a state owned entities of the United States and the state 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 a 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.
- Fellow of the Chartered Institute (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 Trans-National Arbitration, (Dallas Advisory Board Member)
- Member of the Canadian Panel of Arbitrators for the International Chamber of Commerce
- Panel Member for the International Centre for Dispute Resolution (international arm of the AAA)
- Panel Member of the Singapore International Arbitration Centre and also Kuala Lumpur Regional Arbitration Centre
- Member of ICCA, International Council for Commercial Arbitration, The Hague
- Founding Member of the Arbitration Roundtable of Toronto and the Toronto Commercial Arbitration Society, for which he is the immediate Past Chair
- Member of the London International Arbitration Club
- Founding Member of Arbitration Place in Toronto
- Member of The Advocates’ Society (past Director 1987-89, 1992)
- Canadian Bar Association
- American Bar Association