Martin J. Valasek

Biography

Martin Valasek practises primarily in the areas of international arbitration, including the resolution of investor-state and commercial contract disputes. He also has experience in corporate and commercial litigation, with a particular focus on cross-border disputes.

He has participated in many international arbitrations, as counsel or tribunal secretary, covering a wide range of legal systems and industries, including airport development, banking, construction, mining, energy, 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 matters under the auspices of the AAA and Hong Kong International Arbitration Centre Rules.

Prior to joining the firm, 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.

Year of Call

• Quebec Bar 2005
• New York Bar 2000
• Ontario Bar 2000

Law School

• LL.B./B.C.L., McGill University, 1998

EDUCATION

• A.B., Harvard College, 1991

Selected Client Work

• Representing a Canadian company in a dispute with a Mauritian company arising out of the termination of a $20 million contract for the sale of a jet (LCIA arbitration in London)
• Representing a Canadian company in connection with an investment dispute with the Republic of Kazakhstan, seeking compensation in excess of US$4 billion under Kazakhstan's foreign investment law for breach of various agreements (UNCITRAL arbitration in Stockholm)
• Co-representing Cypriot companies in connection with an investment dispute with the Republic of Hungary, resulting in an award of US$83.5 million in compensation for an unlawful expropriation (ICSID arbitration in Washington and London)
• Representing 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)
• Acting as Assistant to the Chairman of an UNCITRAL Tribunal in The Hague in a dispute between three shareholders in Yukos Oil Corporation OJSC and the Russian Federation involving claims for expropriation under the Energy Charter Treaty totalling US$33.1 billion
• Co-representing a Canadian software developer and supplier in a dispute with a prospective customer involving State Court proceedings in New York
• Representing a supplier of medical equipment in a coroner's inquest in Quebec
• Advising an investment dealer in connection with a dispute with a former broker
• Representing two former employees (in Quebec) in connection with a preference action against the former employer in a US bankruptcy proceeding
• Representing a major Canadian bank in a class action proceeding in Quebec alleging abusive practices in connection with pre-authorized debit fees
• Co-representing a Canadian manufacturer in a contractual dispute with a US-based supplier of components involving State Court and Federal Court proceedings in Illinois

Publications

• A "Simple Scheme": Exploring the Meaning of Chorzów Factory for the Valuation of Opportunistic Expropriation in the BIT Generation, Transnational Dispute Management Special Issue, November 2007, Vol. 4, Issue 6
• "ADC v. Hungary: A Higher Standard of Compensation for an Unlawful Expropriation", IBA Newsletter, October 2007 (co-author: Pierre Bienvenu)
• "Ensuring the Efficacy of Interim Relief in Quebec," YIAG E-Letter, summer 2007
• "Extra-Protection for Canadians Investing Abroad" (co-authors: Stephen L. Drymer and Patrick Dumberry), Corporate Liability, Vol. XII, No. 4, p. 754, 2007
• "The Validity of Arbitration Clauses in Consumer Contracts Remains Uncertain," YIAG E-Letter (1st Ed.), summer 2006
• "Arbitral Advocacy," Arbitration International, Vol. 21, No. 4 (2005), pp. 537-630

Speaking Engagements

• "Introduction to International Arbitration: Principles and Practices," Business Contracts Course, MBA Program, Concordia University, Montréal, March 2007 and February 2008
• "ICSID Arbitration: What is it and Where Does Canada Now Stand?", presentation to YCAP Symposium, Montréal, October 27, 2006
• "Shareholders, Shells and Locals: Legal Standing to Bring Claims in Investor-State Disputes," CBA Conference, Jurisprudence on International Treaties, Montréal, September 29, 2006
• "Comparison of Principles of Quebec and US Contract Law," presentation to various in-house legal departments, Montréal, fall 2006
• "The Art of Advocacy in International Arbitration," Canadian Bar Association, Business Dispute Resolution Committee, Montréal, December 8, 2005
• "Selected Questions about ICSID Jurisdiction," PennState-McGill Program on International Arbitration and Commercial Litigation, Montréal, August 16, 2005
• "Overview of International Dispute Resolution," International Finance Corporation, Washington, D.C., June 7, 2005
• "Defining the Right Arbitral Procedure," Inaugural Symposium of the Young Canadian Arbitration Practitioners (YCAP), Montréal, October 1, 2004
• "Arbitral Advocacy" (assistant to Co-Chair), 15th Annual International Commercial Arbitration Workshop of the Institute for Transnational Arbitration, Dallas, TX, June 17, 2004 (proceedings are published in Arbitration International, Volume 21, No. 4 (2005), pp. 537-630

Rankings and Recognitions

• Named one of Lexpert's "Top 40 Lawyers Under 40" in 2007

Memberships and Activities

• Canadian Bar Association
• President, Young Canadian Arbitration Practitioners (since September 2007) 
• Regional Representative for North America (Canada), Young International Arbitration Group, LCIA (since February 2006)
• Advisory Board, McGill International Journal of Sustainable Development Law and Policy
• Board of Governors, Bach-Académie de Montréal
• Rotating Chair, Student Tribunals, Concordia University