Experience

Arbitration Experience:

  • Kyle has acted as counsel for the claimant in at least the following international investment arbitrations and annulment proceedings:

  •  Mesa Power Group LLC v Canada (NAFTA UNCITRAL Tribunal)

  •  Bilcon of Delaware et al v Canada (NAFTA UNCITRAL Tribunal)
  •  Continental Casualty Company v Argentina (ICSID Annulment)

  • Kyle has acted in various international and domestic arbitrations, particularly international investment treaty claims and complicated cross-border arbitrations.

  • He conducted investor-state proceedings under various multilateral trade treaties (such as the North American Free Trade Agreement, NAFTA) and bilateral investment treaties (BITs)

  • His experience includes acting in arbitrations administered under a full range of institutional rules, including the UNCITRAL, ICDR/AAA and ICSID arbitration rules and the IBA Rules for Taking Evidence in Commercial Arbitration. Kyle has a solid understanding of the application of the Vienna Convention on the Law of Treaties and the New York Convention.

  • He has full appreciation of the UNCITRAL Model Law, the UNCITRAL Arbitration Rules and the Federal Arbitration Act (United States), the enforcement of awards and requests for judicial assistance throughout UNCITRAL Model Law jurisdictions.

  • Representative claims include contractual and treaty disputes involving securities, mining, oil and gas (often with environmental issues), share purchase agreements, feed-in tariff (FIT) renewable energy (wind) programs.

  • He has acted as counsel in trials and appeals in all levels of court, both in Australia and in Canada, including the Court of Appeal of Ontario, the Federal Court of Australia and the State appellate and trial courts and various tribunals.

  • Litigation practice encompasses large-scale litigation, which focused on complex corporate/commercial matters; claims under the Trade Practices Act (Cth) and the Corporations Act (Cth); claims against lawyers, accountants, brokers, financial advisors and directors. Commercial litigation experience includes bankruptcy matters, asset purchases, securities and finance, (real and intellectual) property and product liability.

  • Kyle has excellent verbal and written communication skills and sound knowledge of commercial matters and international law.

 

Career History:

2003- 2006              Law Associate, law firm of Solomon Brothers, Australia

2008- 2009              Law Associate, law firm of Clyde & Co International (formerly Nicholl Paskell-Mede LLP), Canada

2009- Current           International Lawyer, Appleton International Lawyers, Canada