Chartered Institute of Arbitrators, Fellow
Instructor – Legal Ethics
CPLED (formerly Bar Admission) program - ongoing
Awards & Recognition
- Martindale-Hubbell: AV Preeminent Peer Review Rating - Professional Excellence (2020)
- Martindale-Hubbell: AV Preeminent Peer Review Rating - Ethical Standing (2020)
- Chambers Global: Band 2, General Commercial Litigation (2019 - 2020)
- Chambers Global: Leading Lawyer, Dispute Resolution (2015 - 2017)
- Benchmark Litigation: Litigation Star (2019 - 2020)
- Lexpert: Consistently Recommended, Corporate and Commercial Litigation (2019)
- Lexpert: Consistently Recommended, Class Actions (2019)
- Lexpert: Leading practitioner, Medical Negligence (2011 - 2012)
- Best Lawyers in Canada: Recognized Practitioner (2006, 2008, 2011 - 2020)
- Best Lawyers in Canada: Lawyer of the Year, Personal Injury (2019)
- Best Lawyers in Canada: Lawyer of the Year, Class Actions (2018)
Carsten is a founding partner of JSS Barristers, and a former managing partner of the firm. His practice focuses exclusively on dispute resolution, with an emphasis on corporate and commercial litigation including commercial class actions, oil and gas disputes, shareholder disputes, multi-party litigation and arbitrations. Carsten has represented governments, airlines, major and independent oil and gas firms, and individuals. He acts for the Alberta Lawyers Indemnity Association in defence of professional negligence claims and on insurance coverage issues.
Carsten is a former bencher (director) of the Law Society of Alberta, which is the governing body for lawyers in Alberta, and he served as President of the Law Society for a one-year term commencing February 2013. He was previously Chair of Finance, Chair of Credentials and Education, and for two years Chair of Conduct. Carsten previously served on the Advisory Board of ALIEX, which was the reciprocal insurer providing coverage to Alberta lawyers.
In 2018 Carsten was appointed by the Law Society of Alberta to be its representative to the Federation of Law Societies of Canada.
Carsten is a member of the Canadian and Calgary Bar Association and has been accepted as a Fellow of the London-based Chartered Institute of Arbitrators (FCIArb). In 2018 Carsten was appointed as a member of the Professional Conduct Committee of the Chartered Institute of Arbitrators. In 1998, Carsten commenced a two-year leave of absence during which time he acted as senior legal officer and eventually team leader at the United Nations Compensation Commission (UNCC) in Geneva, Switzerland. The UNCC was established to process and resolve compensation claims arising from Iraq's invasion and occupation of Kuwait. During Carsten's first year with the UNCC, he worked on the Kuwait Oil Company claim for oil losses resulting from the Kuwait oil well fires. Carsten was responsible for overseeing the quantification of the amount of oil lost, with the assistance of reservoir engineering experts. This claim is possibly the largest single oil and gas loss ever resolved.
Subsequently, Carsten was responsible for overseeing development of a consistent method for resolving the thousands of individual business loss claims filed with the UNCC as a result of the war. The methodology which Carsten and his team developed was adopted by the UNCC panel responsible for these claims and has since been applied to thousands of similar claims. Carsten returned to JSS Barristers in the fall of 2000 to resume his civil litigation practice.
Carsten has a Martindale-Hubbell "AV Preeminent" peer review rating in both legal ability and ethical standards - the highest rating given. Carsten has repeatedly been recognized in the Canadian Legal Lexpert Directory as a leading practitioner in Corporate Commercial Litigation, Class Actions, and Medical Negligence. In addition, Carsten is recognized and listed in "Best Lawyers in Canada", and in Benchmark. Chambers Global lists Carsten as a Distinguished Practitioner in commercial litigation.
Arbitration matters have become an increasingly large component of Carsten’s practice as party counsel, and as arbitrator.
Carsten was recently lead party counsel on an energy industry ad hoc arbitration with an asserted claim value in excess of $800 million. He is presently counsel in other commercial arbitration matters, and he has frequently been called upon to advise clients on arbitration clauses and arbitration agreements.
Carsten has served as arbitrator in a number of commercial disputes, as sole Arbitrator, as Panel Member, and as Chair.
Carsten is a Fellow of the London UK-based Chartered Institute of Arbitrators (FCIArb), and a Member of its Professional Conduct Committee.
Carsten was a Bencher of the Law Society from 2006 - 2014, and in that capacity he has served as an adjudicator on disciplinary panels in at least 25 matters, and has served as the Chair of disciplinary panels in at least 10 matters - all of which were followed by a written decision principally authored by Carsten. These written decisions are available by searching on the CanLII database at: http://canlii.org/en/ab/abls/
Carsten has served on numerous other Law Society panels dealing with assurance fund claims, credentials and education matters, and interim suspension applications. In those types of proceedings, he has served as both a panel member and as the Chair, and in numerous such cases has provided written reasons.
Carsten served 2 years as the Chair of Conduct at the Law Society, meaning that he was responsible for the overall disciplinary process, and for resolving interim motions regarding evidentiary disputes and scheduling matters. Some of those matters involved the preparation of written decisions.
Carsten continues to serve on the Law Society's roster of adjudicators, and accepts occasional appointments to serve as a panel member on Law Society hearings.
Carsten has completed adjudication training related to credibility findings, jurisdiction, and decision writing, and has been appointed to Chair arbitral tribunals. Carsten is recognized by Benchmark as a Litigation Star in arbitration.
Carsten is presently available for arbitral appointments as sole arbitrator, as panel member, or as Chair.
"The Livent Decision - Two Years On (or Livent and the Amazing Technicolor of Torts)"
The Annual Review of Civil Litigation 2019, the Honourable Mr. Justice Todd L. Archibald - 2019
Co-Author (with Laura Warner)
"Revisiting the Arbitration Agreement After a Dispute Arises - the Role of Arbitration Counsel"
ADR Perspectives, a publication of the ADR Institute of Canada - 2014
"Energy in Canada - Litigation in an Emerging Energy Superpower"
Benchmark Canada - 2013
"Class Actions in Alberta - Recent Cases", Western Canada Class Actions Conference 2018, Vancouver
"Class Actions in Alberta - Recent Cases", Western Canada Class Actions Conference 2016, Vancouver
"The Framework for Domestic Commercial Arbitration in Alberta", Central Alberta Bar Association, Red Deer – 2015
"Class Actions in Alberta: An Overview of Recent Developments", Western Canada Class Actions Conference, Vancouver – 2015
"Running Your First Trial - Steps Prior to Trial", presented at a LESA seminar in Calgary and Edmonton – 2015