Experience

Arbitrator, Expert and Academic

 

Janet has been active as an arbitrator in international administered and ad hoc matters since 2001. She is a Full Professor and past Associate Dean of Osgoode Hall Law School in Toronto, where she has been a member of faculty since 1996. In 2020, Janet received the title of Distinguished Research Professor from York University. Throughout this time, Janet has served regularly as an expert witness and consultant to members of the profession and to governments in a range of contentious and non-contentious matters relating to cross-border and domestic procedure in litigation and arbitration.

Arbitrator

Janet has served as sole arbitrator, co-arbitrator and chair in ICC, ICDR, DIAC, HKIAC, Juris, SIAC and ad hoc arbitrations in a variety of seats. She is a member of the panel of foreign arbitrators of AIAC, ACICA, BVI IAC, CIETAC, HKIAC, ICDR, JCAA, Juris, KCAB, SCIA, SHIAC, SIAC and Ukranian Chamber, and a member arbitrator of Toronto Arbitration Chambers, Sydney Arbitration Chambers and a door tenant of Atkin Chambers, London.

Her matters have included disputes relating to distribution agreements, licenses, franchises, agricultural manufacturing, intellectual property infringements, mergers and acquisitions, heavy equipment sales, employment, manufacturing supply agreements, and infrastructure projects, including:

Construction and Heavy Equipment

  • Sole Arbitrator, ICC Rules, New York Seat, heavy equipment servicing, banking industry
  • Co-Arbitrator, ICC Rules, Ottawa Seat, agricultural processing plant
  • Co-Arbitrator, DIAC Rules, Dubai Seat, communications installation
  • Co-arbitrator, Ad hoc, PCA, Paris Seat, multi-purpose dam project
  • Sole Arbitrator, ICC Rules, Philadelphia, heavy equipment supply, energy project

Energy, Environment and Natural Resources

  • Chair, SIAC Rules, Singapore Seat, solar power project
  • Sole Arbitrator, SIAC Rules, Singapore Seat, energy trading
  • Sole Arbitrator, ICC Rules, New York Seat, desulphurisation project
  • Chair, ICC Rules, New York Seat, environmental, oil processing

Commercial

Including mergers & acquisitions, shareholder disputes, intellectual property, finance and employment:

  • Sole Arbitrator, SIAC Rules, Singapore Seat, shareholder dispute
  • Sole Arbitrator, ICC Rules, Singapore Seat, shareholder dispute
  • Sole Arbitrator, HKIAC Rules, Hong Kong Seat, professional sports licensing
  • Sole Arbitrator, Ad Hoc, UNCITRAL Rules, London Seat, executive employment in financial services
  • Sole Arbitrator, ICDR Rules, Toronto Seat, brokerage agreement
  • Sole Arbitrator, ICDR Rules, New York Seat, multi-level retail franchising
  • Chair, ICC Rules, New York Seat, Post-M&A, waste disposal
  • Chair, ICC Rules, Kingston, Jamaica Seat, franchising, travel industry
  • Sole Arbitrator, ICC Rules, New York, information technology development
  • Emergency Arbitrator, ICC Rules, New York Seat, pharmaceuticals, patent licensing
  • Chair, ICDR Rules, Toronto Seat, Joint venture, new regulated health product development
  • Co-arbitrator, KCAB International Rules, Seoul Seat, consultancy, electronics industry
  • Emergency Arbitrator, ICDR Rules, New York Seat, litigation financing in intellectual property dispute

The applicable laws in the cases above have included the laws of Canada (Alberta, Ontario), Hong Kong, India, Korea, Saudi Arabia, Singapore, United Kingdom, United States (California, New York, Philadelphia) and investment treaties.

She was a founding member of ICC Canada; Toronto Commercial Arbitration Society, CIArb Toronto Chapter (founding chair) and subsequently Board Member of the Chapter and Branch, Young Canadian Arbitration Practitioners (founding advisor), and ArbitralWomen; and member of LCIA, IBA, IPBA, ICCA and the Worshipful Company of Arbitrators.

She has served also as arbitrator at the Vis Moot since 2001, and coached teams from 2001-2014, including the prevailing team in 2004. Since 2010, she has been among the Canadian arbitrators listed in legal directories, including Who’s Who Legal: Canada, Who’s Who Legal: Arbitration, and Chambers & Partners. She is a CIArb Chartered Arbitrator and a member of the ILA Committee on International Commercial Arbitration.

Expert, Advisory Roles and Law Reform Projects

Until recently Janet served as consulting and testifying expert evidence on the topics of judicial jurisdiction, the enforcement of judgments and applicable law in more than 50 cross-border matters in North America and elsewhere.

Janet has also served on a number of law reform working groups, including:

Janet has served in a number of advisory roles, including;

MPIL Comparative Procedural Law and Justice Project (2020-)

Max Planck Institute Luxembourg Scientific Advisory Board (2016-)

CIArb Academic Advisor (2014-15)

Federal Court and Federal Court of Appeal Rules Committee Advisor (common law) (2006-15)

Janet has contributed to many law reform projects in a variety of task force and working group roles, including:

Toronto Commercial Arbitration Society Commercial Arbitration Act Reform Working Group (2017-21)

Toronto Commercial Arbitration Society Task Force on 2006 Model Law Implementation (2016-17)

ILA Committee on International Commercial Arbitration (2010-18)

Uniform Law Conference of Canada International Commercial Arbitration Act Reform Task Force Advisor (2010-12)

Law Commission of Ontario, Scholar-in-Residence – Project on Reform of Judicial Jurisdiction (2008-2009)

American Bar Association International Litigation Section Working Group on Crossborder Class Actions (2007-2009)

IBA Task Force on Enforcing Judgments for Collective Redress (2007-2010)

ILA Committee on International Litigation and the Interests of the Public (2006-10)

Uniform Law Conference of Canada Committee on National Class Actions (2004-05)

American Law Institute/Unidroit project on Principles and Rules of Transnational Civil Procedure, International Advisor (1998-2004)

Academic

Janet is a Professor and past Associate Dean of Osgoode Hall Law School in Toronto, where she has been a member of faculty since 1996. Janet teaches courses in the conflict of laws, international arbitration, comparative procedure, class actions, professionalism and advocacy. She was Director of the Professional LLM Program in Civil Litigation and Dispute Resolution 1998-2003/2010-2018. In 2020, Janet received the title of Distinguished Research Professor (a lifetime title limited to 25 active faculty members) for her commitment to excellence and international leadership in the fields of private international law, comparative procedural law and commercial arbitration.

Janet has been a visiting faculty member on a number of occasions, including:

 

  • Stuttgart Master’s Program in International Construction Practice and Law (2017-present)
  • CIArb Oxford Diploma Course Co-Director (2014-17)
  • CIArb Accelerated Route to Fellowship Courses (Vancouver 2017, São Paulo 2013, Geneva 2013, Toronto 2018)
  • CIArb Tribunal Secretaries Course (London 2016)
  • Faculté des sciences juridiques, sociales et politiques de Tunis (2001-14)
  • Institute in International Commercial Law and Dispute Resolution in Zadar (2013)
  • Monash University in Prato, Italy (2013)
  • Leverhulme Visiting Professor, University College, Oxford University (2010)
  • Jerusalem Exchange Faculty Advisor, Hebrew University of Jerusalem (2005-2010)
  • Hauser Global Law Faculty, NYU/NUS Joint Program in Singapore (2008)
  • Hauser Global Law Faculty, NYU School of Law (2007)
  • University of Toronto Faculty of Law (2006)
  • Haifa University, Faculty of Law (2006)
  • Monash University, Faculty of Law (2002)

 

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