Martin J. Valasek
Partner
Martin Valasek is a leading practitioner in the area of international arbitration. He regularly acts as lead counsel in arbitrations to resolve investor-State and commercial contract disputes. He also practises corporate and commercial litigation, with a particular focus on cross-border disputes.
He has acted in many international arbitrations, covering a wide range of legal systems and industries, including aerospace, airport development, banking, construction, mining, energy, environmental remediation, pharmaceuticals, IT outsourcing, lotteries and steel manufacturing. He has extensive experience with arbitrations conducted under the ICC, LCIA, ICSID and UNCITRAL Rules, and has also handled ad hoc arbitrations and matters under the auspices of many other institutions, including the AAA, the CPR Institute and the Hong Kong International Arbitration Centre. He has acted as tribunal secretary in several important arbitrations, including the Yukos Energy Charter Treaty arbitration, and has been approached to act as arbitrator in several commercial and investor-State disputes.
Mr. Valasek is a frequent speaker, lecturer and contributor to various publications in his areas of expertise.
Prior to joining our Montréal office, Mr. Valasek practised international arbitration and corporate/commercial litigation in New York as a member of a leading global law firm. He clerked for Mr. Justice Gonthier of the Supreme Court of Canada.
Mr. Valasek is fluent in English, French and Czech, and has a working knowledge of Spanish.
Year of call
Quebec 2005
New York 2000
Ontario 2000
Law school
LL.B./B.C.L., McGill University, 1998
Education
A.B., Harvard College, 1991
Selected client work
Mr. Valasek has acted for the following clients:
- As co-counsel to AbitibiBowater Inc. in its NAFTA claim against the Government of Canada arising from the expropriation of its rights and assets in Newfoundland and Labrador by provincial legislation, resulting in a settlement for compensation of $130 million (UNCITRAL arbitration)
- A Canadian company in the defence of a claim by a Mauritian company arising out of the termination of a $20 million contract for the sale of a jet, resulting in an award that dismissed the claim with prejudice and with costs (LCIA arbitration in London)
- A Canadian company in connection with an investment dispute with the Republic of Kazakhstan, seeking compensation under Kazakhstan’s foreign investment law for breach of various agreements (UNCITRAL arbitration in Stockholm)
- A Canadian pharmaceutical company in a dispute under a licensing agreement with a distributor in the US (ad hoc “baseball” arbitration under New York law)
- A Canadian multinational telecommunications firm in connection with a mechanism to resolve disputes arising in the allocation of funds as between competing bankruptcy estates
- A Canadian multinational engineering firm in connection with several matters, including an ICC arbitration and a dispute with an African state (negotiations, and possible related ICSID proceedings)
- As co-counsel to a Canadian company in a dispute with the government of a Caribbean country arising out of the implementation of an environmental remediation contract (ad hoc arbitration in Barbados)
- A Canadian company in a dispute with the government of a European country arising from an offset contract (ICC arbitration in Paris)
- As co-counsel to Cypriot companies in connection with an investment dispute with the Republic of Hungary, resulting in an award of US$83.5 million in compensation to the investors for an unlawful expropriation (ICSID arbitration in Washington and London)
- Several manufacturing clients in various international commercial disputes, including a €50 million dispute under a long-term outsourcing contract (ICC arbitration in Montréal), a US$10 million dispute under a supply sub-contract (ad hoc arbitration in New York) and a $7 million dispute under a supply contract (ad hoc arbitration in Montréal)
Speaking engagements
- “Third-Party Funding in International Arbitration,” Canadian College of Construction Lawyers' 13th Annual Conference, Halifax, May 28, 2010.
- "NAFTA arbitration: Metalclad, Loewen and Methanex,” Penn State-McGill Program on International Arbitration and Commercial Litigation, Montréal, May 20, 2010.
- “Développements récents en droit international privé,” (co-panelist: Azim Hussain), Canadian Bar Association, Montréal, February 16, 2010.
- “Introduction to ICC Arbitration: the Hearing,” presentation to delegation from Vietnam, McGill University Faculty of Law, December 2, 2009.
- “International Investment Treaty Arbitration: A Comparative View of the Practice,” 39th Annual Workshop on Commercial and Consumer Law, Université de Montréal, October 16, 2009.
- “International Human Rights Law and its Impact on International Investment Arbitration: Are Human-rights Obligations Eroding the Promotion of Standards for the Protection of International Investment?” Arbitration in Latin America, DR-CAFTA, FTAs, BITs, and Commercial Arbitration Involving States, IBA/ICC Conference, San José, Costa Rica, August 25, 2009.
- “Les clauses de résolution des différends dans les contrats commerciaux - Conception et conseils de rédaction,” Insight - Septième conférence annuelle sur la négociation et la rédaction de conventions commerciales, Montréal, January 27, 2009.
- “Jurisdictional Issues in Investment Arbitration,” co-panelist at ICC Canadian Arbitration Committee Annual Workshop (counsel in a mock hearing), Montréal, October 24, 2008.
“Investor-State Arbitration: An overview of the key features of this growing specialized area of international dispute resolution,” co-panelist at ADR Institute of Canada Conference, Montréal, October 17, 2008. - “Shareholders, Shells and Locals: Legal Standing to Bring Claims in Investor-State Disputes,” CBA Conference, Jurisprudence on International Treaties, Montréal, September 29, 2006.
Media highlights
- “AbitibiBowater wins NAFTA case vs. Ottawa,” Montreal Gazette, August 27, 2010.
- “Ottawa launches international arbitration association,” Global Arbitration Review, June 16, 2010.
- “There's no place like home,” Canadian Lawyer Magazine, October 16, 2008.
- “Canada passes ICSID while provinces delay,” Global Arbitration Review, March 20, 2008.
- “Des avocats qui donnent. Spécial sur le travail pro bono,” Le Journal du Barreau, December 2007.
- “Rising stars of the legal community under 40 years," Montreal Gazette, November 23, 2007.
- “A gathering of "Canada's young arbitration practitioners drew record numbers,” Global Arbitration Review, October 5, 2007.
- “Arbitration case was a major victory,” Montreal Gazette, December 22, 2006.
Rankings and recognitions
- Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada 2013, most frequently recommended in the area of Arbitration
- Best Lawyers in Canada, 2013 - International Arbitration
- Canadian Legal Lexpert Directory, 2012: recommended in International Commercial Arbitration
- Chambers Global: The World’s Leading Lawyers for Business, 2012: Dispute Resolution: Arbitration
- The International Who’s Who of Arbitration Lawyers, 2012
- Global Arbitration Review’s “45 under 45” (recognized as a leading figure of the international arbitration bar under the age of 45 by the leading global publication and news service in this field)
- PLC Which lawyer? 2011 and 2012 - Dispute resolution: international arbitration
- The International Who’s Who Legal 2011 for Arbitration (described as “very experienced”)
- Guide to the World’s Leading Experts in Commercial Arbitration (June 2011)
- Who’s Who Legal Canada 2011 and 2010 (“impressed those he has worked with -- ‘he is assertive, precise and has an excellent understanding of international arbitration rules’ -- and he has extensive experience of arbitrations conducted under the ICC, LCIA, ICSID and UNCITRAL rules, as well as ad hoc proceedings”)
- The International Who’s Who of Commercial Arbitration Lawyers, 2011
- Global Arbitration Review (GAR100), 2011 - International Arbitration
- 2009 Guide to the World’s Leading Experts in Commercial Arbitration
- Named one of Lexpert’s “Top 40 Lawyers Under 40” in 2007
Memberships and activities
- Director (since September 2007) and President (2007-2010), Young Canadian Arbitration Practitioners
- Regional Representative for North America (Canada), Young International Arbitration Group, LCIA (2006-2009)
- Canadian representative of the Young Arbitrators' Forum (YAF) of the International Chamber of Commerce (ICC) (since 2008)
- ICC National Committee of the Canadian Chamber of Commerce (Panel of International Commercial Arbitrators)
- International Bar Association and IBA Working Group on Investment Arbitration
- Canadian Bar Association
- Rotating Chair, Student Tribunals, Concordia University
- Pro Bono Students Canada McGill (supervising various pro bono projects)
- Chair, Centraide (United Way) Leaders' Campaign at Ogilvy Renault (since 2008)
- President, jury for selection of Centraide (United Way) awards (Solidaires 2009)
Directorships
- Bach-Académie de Montréal
- Andover Canadian Fund Inc.
- Advisory Board, McGill International Journal of Sustainable Development Law and Policy