E. David Tavender
15th Flr., Bankers Court, 850 – 2nd Street SW
Calgary, Alberta T2P 0R8
Canada
Associate and Partner in predecessor firms of Dentons Canada LLP (Fenerty, Robertson, Fraser & Hatch, Milner Fenerty and Fraser Milner Casgrain).
Law Society of Alberta, Canadian Bar Association, American College of Trial Lawyers.
ADR Chambers, ICC Canadian National Committee’s Roster of Arbitrators, CPR Institute of Dispute Resolution International Panel of Neutrals, Energy Arbitrators List of the International Centre for Dispute Resolution
∙ Four free trade dispute resolution tribunals (1990-1994) under the then Canada-US Free Trade Agreement in Washington, DC and Ottawa, ON;
∙ Party-appointed arbitrator in Columbus, Ohio (2001) in an international arbitration under the American Arbitration Association Rules involving claims for substantial damages arising out of alleged breaches of an E-Commerce Software Licence Agreement;
∙ Chairman of an international arbitration (2001-2002) under the International Rules of the British Columbia International Commercial Arbitration Centre interpreting cover (replacement) gas obligations under a Gas Sales Agreement;
∙ Mediator (2002) in a multi-million dollar dispute relating to the installation of a conveyor belt in a coal mine;
∙ Chairman of an arbitration tribunal (2003-2004) arising out of force majeure, replacement gas and compensation claims under a Gas Sales Agreement resulting from gas shut-in orders imposed by the Alberta Energy & Utilities Board;
∙ Party-appointed arbitrator in Houston and Calgary (2004-2005) arising out of allegations of breaches and wrongful termination of Gas Sales and Service Agreements resulting in a multi-million dollar claim;
∙ Acted as counsel (2004-2005) in a multi-million dollar claim for rates to be paid under optional extensions of an Offshore Drilling Rig Contract under UNCITRAL Rules;
∙ Mediator (2005) in a dispute arising out of a grant of a franchise in close proximity to an existing franchisee;
∙ Sole arbitrator (2006-2007) in delay and defective work claims arising out of the expansion of a manufacturing facility;
∙ Party-appointed arbitrator (2009) determining proper royalty calculations under oil sands leases;
∙ Chairman of an arbitration tribunal (2009-2010) involving a multi-million dollar dispute resulting from changes in indices to be used in calculating payment obligations under a Power Purchase Agreement;
∙ Mediator (2011) in resolving a corporate oppression dispute over the transfer of assets to an insider;
∙ Party-appointed arbitrator (2010-2012) on a tribunal addressing a multi-million dollar force majeure claim between a purchaser and an operator of an affected facility;
∙ Sole arbitrator (2012) in the valuation of shares of a private company;
∙ Sole mediator (2013) in a multi-party dispute arising out of the rupture of a buried pipeline.
Sole mediator (2018) in a major construction dispute.
∙ Proactive Case Management in Arbitrations, 2010, CPR’s Alternatives Journal, Vol. 28, pp. 143 and 163;
∙ International Arbitration from Canadian Perspective: Discussion Paper on the Impartiality and Independence of Arbitrators, 2005, Hamilton Law Association, Hamilton, ON;
∙ Mediation in Energy Disputes, 2003, 12 Can. Arbit. And Med. J. No. 1, 9(3);
∙ Considerations of Fairness in the Context of International Commercial Arbitration, (1998) 34 Alta. L. Rev. 509.