Barry Leon

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Canada, United Kingdom, United States, Virgin Islands, British
English
Mediation Profile

The Honourable Barry Leon, a Canadian, is an international and domestic mediator and arbitrator.

He is a member of Arbitration Place.

Barry was the Presiding Judge of the British Virgin Islands Commercial Court from 2015 to 2018.

He is a Fellow of The Chartered Institute of Arbitrators (FCIArb) and an International Mediation Institute (IMI) Certified Mediator.

As Presiding Judge of the BVI Commercial Court, Barry presided over a range of international commercial disputes involving parties from around the world, including shareholder and corporate disputes, insolvency matters, contractual disputes, fraud and asset recovery proceedings, judgment enforcement and arbitration assistance and arbitral award enforcement. A number of his written judgments are at https://www.eccourts.org/search-results/?q=Leon%20J.

Prior to his judicial appointment, Barry was a Partner and Head of the International Arbitration Group at Perley-Robertson, Hill & McDougall LLP, a leading international arbitration law firm based in Ottawa, Canada. Until 2009 he was a Partner with the Torys LLP in its Litigation and Dispute Resolution Practice in Toronto, Canada, and for many years served as Coordinator of the Practice.

While doing primary counsel work at both firms, Barry also served as an arbitrator and mediator for several years prior to his appointment to the BVI Commercial Court. He continued to do so occasionally while serving on the Court.

He is past Chair of the Arbitration Committee of the Canadian Chamber of Commerce, ICC Canada (Canadian National Committee of the ICC).

Barry Leon serves as a mediator and arbitrator primarily in domestic and international business disputes. He also has considerable experience as counsel in mediations, arbitrations and court litigation.

Barry's industry experience includes financial services, natural resources and energy, technology and intellectual property, manufacturing, construction and projects, and consumer products.

He has been involved as judge, arbitrator, mediator and counsel in international and domestic commercial disputes involving parties from around the world, including shareholder and corporate disputes, insolvency matters, contractual and business tory disputes, fraud and asset recovery proceedings, intellectual property disputes, executive employment matters,  judgment enforcement and arbitration assistance and arbitral award enforcement.

The Honourable Barry Leon endeavours to employ the mediation style most appropriate in the circumstances. He believes that in many cases a facilitative approach can be most effective. There are circumstances, however, in mediations in which for various reasons an evaluative approach or element can be productive. He will be responsive to the agreed views of the parties' counsel regarding the value of an evaluation in relation to a particular dispute. He is open to discussing the appropriate mediation style with counsel and the parties in the planning phase of a mediation.

Areas of particular experience include: - commercial - corporate and company - shareholder - business breakups - partnerships - joint ventures - real estate - international projects - securities - intellectual property - technology - executive employment - products liability - construction - bankruptcy and insolvency

Cdn $5,500/day; Cdn $2,500/half day; Cdn $650/hr.
Cancellation charges depend on the circumstances, which will be discussed when booking.
Travel time not charged except when working on the matter for which he is traveling.

Barry participates in numerous international and Canadian arbitration and litigation organizations, including:  American Society for International Law • Arbitration Place • Canadian Bar Association • Canadian Journal of Commercial Arbitration (an Executive Editor) • Chartered Institute of Arbitrators • Commercial Litigation and Arbitration Review (Editorial Board) • Institute for Transnational Arbitration • International Bar Association (Mediation, Arbitration and Litigation Committees) • ICC International Court of Arbitration (Canadian Chamber of Commerce, Arbitration Committee) • International Academy of Trial Lawyers • International Law Association • London Court of International Arbitration •  Ontario Bar Association • The Advocates' Society • Toronto Commercial Arbitration Society • 

Available upon request.

Training and Education

Harvard University Negotiation Skills Training • Linda Singer and Michael Lewis - Training at Torys LLP - being counsel in a mediation • Stitt Feld Handy Group ADR Workshop • Stitt Feld Handy Group Advanced ADR Workshop • American Arbitration Association/International Centre to Dispute Resolution Neutrals Conference 2009 • ADR Institute of Canada and ADR Institute of Ontario conferences and seminars • CPR International Institute for Conflict Prevention & Resolution conferences • American Bar Association Section of Dispute Resolution Conference 2007 • International Bar Association Mediation Committee programs, and mediation components in Litigation Committee programs including organizing "Mediation in the Court Process"; speaker on "IBA Rules on Investor-State Mediation" program. • Canadian Mediation Association conference (including leading training sessions) • The Roger Fisher Tribute (educational component) • Various other mediation components in litigation conferences and seminars.

The Honourable Barry Leon has spoken extensively in Canada and around the world on issues in international and cross-border litigation, commercial arbitration, mediation, liability of directors and officers, class actions, internal investigations, fraud and asset recovery, global patent enforcement strategies, privilege, product liability, business restructuring, negotiation, executive employment, and remedies on partnership business breakups.

He organized and spoke at the IBA program on “Mediation in the Court Process” and spoke at the IBA program on the “IBA Rules on Investor-State Mediation”.

Barry led training sessions at the Canadian Mediation Association conference and prepared the education component of The Roger Fisher Tribute.

The Honourable Barry Leon has organized and presented at numerous conferences, symposia and workshops.

He has spoken extensively in Canada and around the world on issues in international and cross-border litigation, commercial arbitration, mediation, liability of directors and officers, class actions, internal investigations, fraud and asset recovery, global patent enforcement strategies, privilege, product liability, business restructuring, negotiation, executive employment, and remedies on partnership business breakups.

Publications

Selected Publications: “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 31, 2011 (with Andrew McDougall and Daniel Taylor) • “Why Statutory Claims Remain Arbitral”, The Lawyers Weekly, Vol. 31, No. 18, September 2011 (with Barry Leon and Daniel Taylor) • “CANADA: Case Law Developments”, New York International Chapter News, Summer 2011 • “Leon to Lead ICC Canada”, Tom Toulson, Global Arbitration Review, May 18, 2011 • “Nine Supreme Court Judges Endorse Arbitration”, Global Arbitration Review, Vol. 6, Issue 2, April 2011 (with John Siwiec).

Compliance

IMI Code of Professional Conduct

IMI Professional Conduct Assessment Process

Pending.

Contact
Barry
Leon
Barry Leon
+1.718.541.5686
+1.284.346.4848
Arbitrator and Mediator
Arbitration Place
PO Box 186
Road Town
Tortola
VG 1110
Virgin Islands, British