Hugh A. Meighen  

Partner

Executive Summary

Hugh Meighen is a partner based in Toronto and specializes in international and domestic commercial, investment and construction arbitrations in the telecommunications, oil & gas, healthcare and mining sectors. He also has experience acting in investment protection disputes arising under various investment protection laws and treaties. He has acted in international arbitrations governed by a variety of procedural rules, including the arbitration rules of the ICC, LCIA, UNCITRAL, ICDR, BCICAC and DIAC.

As part of his commercial work, Hugh has acted for various companies and investors in disputes with governments, vendors, and service providers in a variety of contractual disputes and in disputes arising under the investment laws of foreign jurisdictions.

As part of his construction work, Hugh has advised international contractors and vendors in disputes with employers, construction managers and suppliers regarding delay claims, defective works, variations, and financing issues. He has also acted in a series of alternative dispute resolution procedures regarding complex infrastructure projects within Canada, including adjudication, expert determination and arbitration.

Hugh regularly deals with third party funders and has spoken and written extensively on the law of third party funding in Canada.

In addition to his counsel work, Hugh is an adjunct professor of international commercial arbitration at Osgoode Hall Law School and has acted as a sole arbitrator in real property and procurement disputes. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and has authored and co-authored various book chapters, articles and commentaries regarding arbitration law, including the Guide to the PCA Arbitration Rules, published by Oxford University Press.

Prior to joining BLG, Hugh practiced in London and Dubai in the international arbitration group of Freshfields Bruckhaus Deringer LLP and was Assistant Legal Counsel at the Permanent Court of Arbitration in The Hague, where he assisted arbitral tribunals in international investment arbitrations.

Hugh has been recognized by Who’s Who Legal and Global Arbitration Review for inclusion in Who's Who – Arbitration List of Future Leaders from 2017 to 2019 and in Who’s Who Construction List of Future Leaders in 2019.

Hugh speaks English and French and is a qualified lawyer in New York State and Ontario. He earned his degrees with distinction from McGill and Princeton Universities.

 

Representative Work

International Arbitration

  • Representing a Canadian contractor in an ICC arbitration regarding the termination of a large-scale expansion works FIDIC contract;
  • Representing an international joint venture in a multi-million dollar ICC arbitration over the construction of a mine in Central America;
  • Representing a consortium of Korean EPC contractors in an ICC arbitration seated in Toronto over the construction of a coal-fired power plant, resulting in a favourable significant award;
  • Representing Canadian and South American parties in the defence of an ICC claim arising from a series of guarantees;
  • Representing an aerospace and telecommunications company in a dispute with an English satellite telecommunications company under the LCIA Rules;
  • Representing a Canadian software developer in a programming dispute with an Eastern European/American vendor under the ICDR Arbitration Rules;
  • Representing a telecommunications company in an investment dispute with a Middle Eastern government under the UNCITRAL Rules;
  • Representing a consortium of Asian and African contractors in DIAC arbitration over the construction and finishing works of a major international airport in the Middle East;
  • Representing a Turkish contractor in DIAC proceedings over the construction of a high-rise residential tower;
  • Advising a Japanese entity in relation to a sale and purchase agreement in the Middle East;
  • Advising an international defence contractor in connection with a potential ICC dispute over a project in a Middle Eastern country;
  • Advising a consortium of oil & gas companies in a revenue-sharing dispute with a state-owned petroleum company;
  • Advising a state-owned oil & gas company in a dispute with its European partner in a dispute over a sales and distribution agreement; and
  • Acting as sole arbitrator in a real property dispute and procurement disputes.

Domestic Arbitration

  • Advising a government entity in a significant mass transit procurement dispute;
  • Representing a hospital in a dispute over a series of delay issues arising during the construction phase of an expansion project;
  • Representing a hospital in an adjudication regarding a newly installed security system; and
  • Advising a hospital in a dispute over the proper interpretation of a complex infrastructure contract.

Arbitration-related Litigation

  • Representing a Canadian mining company in the successful recognition and enforcement of a $1 billion ICSID (AF) arbitral award in Ontario and in subsequent execution efforts;
  • Representing a consortium of companies in the recognition and enforcement of a multimillion dollar arbitral award in Ontario courts;
  • Advising on the enforcement of an ICC international arbitral award before in Ontario courts.

Publications & Presentations

Books

  • Co-Author, Guide to the PCA Arbitration Rules, Oxford University Press, 2014.
  • Co-Author, "Procedural Fairness in International Arbitration involving States", Procedural Fairness in International Courts and Tribunals, British Institute of International and Comparative Law (BIICL), 2015.

Journals and Articles

  • Editorial Board Member, Arbitration News, 2013-present.
  • Popack v. Lipsyzc - Case Comment," Commercial Litigation and Arbitration Review, forthcoming 2019.
  • "Third Party Funding of Litigation in Canada," Third Party Funding Review, 2nd ed., January 2019.
  • ''Court Clarifies when International Arbitral Awards Become Binding'' International Law Office, September 2018.
  • "Investment Treaty Arbitration 2018: Canada," Global Arbitration Review, August 2018.
  • "Quebec Court Consolidates Canadian Law on Third Party Funding'' International Law Office, June 2018;
  • "Investment Treaty Arbitration 2017: Canada," Global Arbitration Review, August 2017.
  • "Investment Treaty Arbitration 2016: Canada," Global Arbitration Review, August 2016.
  • "Third Party Funding of Litigation in Canada," Third Party Funding Review, 1st ed., January 2018
  • "Projects under Pressure: is there any relief?" Construction Law International, January 2018.
  • "The evolution of third party litigation funding in Canada," The Lawyer's Daily, LexisNexis, October 2017.
  • "Court addresses multi-party and multi-contract issues," International Law Office, July 2016.
  • "Third-Party Funding in International Arbitration," Lexology, June 2016.
  • "Three's a crowd? Third-party arbitration funding," International Law Office, April 2016.
  • "A Matter of Discretion: The DIFC Court Stay Proceedings in Favour of Arbitration," YIAG Newsletter, January 2013.
  • "Second Look at First Assumptions: Yugraneft v Rexx Management Corp.," Transnational Dispute Management, July 2009.

Presentations

  • ''Multiparty Proceedings in International Arbitration'', Young Canadian Arbitration Practitioners (YCAP), Ottawa, November 2018
  • ''Launching a Career in International Arbitration'', ICC Young Arbitrators Forum (YAF), Toronto, November 2018.
  • ''Legal Developments in Third Party Funding'', Thompson Reuters, Toronto, November 2018.
  • Interviewed, "How a re-tooled NAFTA could hurt business investments of Canadian companies," BNN Bloomberg, May, 2018.
  • ''Successful Marketing Techniques'', Legal Marketing Association, April 2018.
  • Adjunct Professor, International Commercial Arbitration, Osgoode Hall Law School, Winter 2018.
  • "Projects under pressure: is there any relief?" International Bar Association Annual Conference, Sydney, October 2017.
  • "Innovation in Arbitration", panel moderator of YCAP Spring Symposium, Vancouver, June 2017.
  • "Dispute Resolution in P3 Projects", Osgoode Hall Certificate, Toronto, March 2017.
  • "Introduction to Investment Arbitration", Osgoode Hall LLM Program, Toronto, November 2016.
  • "Managing Third Party Funding in International Arbitration," Toronto, May 2016.
  • "Improving the Arbitral Process," McGill University, Montreal, April 2016.
  • "Written Advocacy" and "Arbitration under the auspices of the PCA", ICC YAF Conference, Cyprus, September 2015.
  • "Pre-Arbitral Considerations," ADR Institute of Canada Annual Conference, Montreal, October 2014.

Rankings & Recognitions

  • ​Recognized in the 2016 and 2017 editions of Who's Who Legal - The International Who's Who of Business Lawyers as an "Arbitration: Future Leader".
  • Recognized in the 2019 edition of Who's Who Legal: Construction.
  • Recognized in 2017 by the Legal Media Group's Expert Guides series as a "Rising Star".