Sabri M. Shawa KC, FCIArb

Sabri M. Shawa is a founding partner of JSS Barristers; he is a highly regarded arbitrator, mediator, negotiator and litigator.

Over more than three decades, Sabri has practiced in Calgary, and has been appointed to arbitrate dozens of matters. He has also been hired to mediate hundreds of disputes. As a negotiator, he has assisted parties in reaching a variety of complex long-term agreements. As a litigator, he has represented and advised thousands of parties in matters before the courts, various administrative and regulatory boards and tribunals, arbitrations, and mediations. In addition to conventional litigation, a large part of his practice has been in an advisory capacity - assisting clients to avoid and manage litigation. He has also been retained as an expert witness on Alberta law on numerous occasions.

In addition to practicing, Sabri has extensive experience in teaching. For 8 years, he taught Civil Procedure at the University of Calgary Law School, a required course for all students. Additionally, he taught in a variety of other programs and has spoken about a wide range of topics at many conferences and seminars.

In 2012, Sabri was appointed Queen’s Counsel (now King's Counsel).

In 2014, he was admitted as a Fellow of the Chartered Institute of Arbitrators, an internationally recognized dispute resolution organization based in London. Sabri also serves on the Executive Board of the Institute’s Canadian branch and is the Chairperson of its Alberta chapter.

He has long been listed in Best Lawyers in Canada and was named Calgary’s Lawyer of the Year in 2020 for Alternative Dispute Resolution. For many years, Sabri has been listed as a Litigation Star by Benchmark Canada, for arbitration and dispute resolution, among other things. The Canadian Legal Lexpert Directory also lists him as a leading practitioner and as repeatedly recommended for Commercial Arbitration.

Sabri is a member of the Canadian Academy of Distinguished Neutrals and Western Canada Commercial Arbitration Society, ADR Institutes of Alberta and Canada, Litigation Counsel of America and a fellow of the International Academy of Mediators. 

Experience

Jensen Shawa Solomon Duguid Hawkes LLP, 1995–Present

Firm Chairman            2008–2014

Managing Partner      1997–2004

Founding Partner       1995

MacKimmie Matthews, 1990-1995

Associate, Litigation Department

Articling Student

Arbitration, Mediation, and Negotiation

The broad scope of Sabri's litigation practice over the years has allowed him to develop a deep understanding of many businesses, industries and ventures. That familiarity, coupled with his training in dispute resolution, equips him to serve as an independent arbitrator and mediator in a wide variety of disputes. As part of his formal training, he has studied arbitration, international commercial dispute resolution, mediation, and international trade law.

He has been appointed as arbitrator on dozens of occasions, in both administered and ad hoc arbitrations, including through the International Court of Arbitration of the International Chamber of Commerce, with respect to:

• Construction and engineering projects
• Natural resource ventures
• Shareholders, franchise, partnership and joint venture agreements
• Commercial agreements generally
• Sales of business
• Insurance claims and coverage
• Umpire determinations under s. 519 of the Alberta Insurance Act
• Commercial lease renewal rates
• Employment and labour relations.

As counsel, he has represented parties in many more arbitrations, concerning a wide variety of matters, both domestic and international, administered and ad hoc. He has appeared as counsel at the International Court of Arbitration of the International Chamber of Commerce. He also has experience drafting submission agreements and arbitration clauses, and has provided advice and opinions on enforceability of arbitration provisions and appeals and enforcement of awards.

Sabri has been retained to mediate hundreds of disputes (including several with a very large number of parties) and represented parties in many others, including with respect to:

• Breach of contract
• Shareholder, partner, and joint venture relationships
• Plant and facilities disasters
• Construction and project management
• Land use and environmental contamination
• Trucking and transportation
• Employment
• Professional negligence
• Insurance 
• Personal injury
• Medical malpractice

In addition, he has been appointed as a mediator by the Alberta Utilities Commission in respect of an electricity rate application.

General Commercial Litigation, as well as Administrative & Regulatory Proceedings with an emphasis on Engineering, Energy, and the Environment

Over the course of his career, Sabri has been regularly retained to provide advice and representation in respect of claims (in both litigation and arbitration) and regulatory proceedings concerning:

• Construction projects
• Engineering and design faults and failures
• Oil and gas operating and royalty agreements, as well as ownership and rights issues
• Misappropriation of proprietary technology and data
• Environmental contamination, nuisance, and remediation and reclamation
• Electrical transmission and generation
• Pipelines
• Contractual disputes
• Negligence 
• Insurance, including coverage
• Professional negligence
• Professional misconduct and discipline 
• Admission to professional associations and licencing.

Employment and Business Relationships

As counsel in litigation, and as an advisor to employers and employees, he provides representation and advice in employment and professional matters, particularly with respect to executives, involving:

• Wrongful and constructive dismissals
• Employment issues in restructurings and succession planning
• Employee misfeasance and misconduct
• Breaches of confidentiality as well as non-competition and non-solicitation obligations
• Breaches of fiduciary duties
• Injunctions.

He has negotiated, drafted, and provided advice with respect to:

• Employment, executive compensation, and independent contractor agreements
• Services and partnership agreements
• Employment policies.

In addition, he has investigated, reported and advised, on complaints against directors, officers and employees.

Other Experience

Over the years Sabri has acted for and against various municipalities around Alberta in respect of environmental and development disputes in court and at regulatory hearings, including at the Environmental Appeals Board.

Early in his career he represented hospitals and hospital employees in medical malpractice claims. After doing that for several years, he then acted for plaintiffs in medical malpractice actions against various healthcare professionals and institutions. Over the past decade or so, Sabri's medical malpractice experience has been as mediator in those disputes.

Sabri also has extensive experience, though long ago, with insurance defence and plaintiffs personal injury litigation.

Publications

“Civil Procedure Update”

Halsbury’s Laws of Canada, First Edition 2011, Alberta Rules of Court, Cumulative Supplement Release 14, LexisNexis
Co-Author

“Mandatory Mediation Under the New Alberta Rules of Court - the First Year”

Law Matters, Canadian Bar Association, 2011
Author

“Informed Consent Most Difficult”

Lawyer’s Weekly: Medical Negligence Issue, 1998
Author

Speaking Engagements

Panelist
"The Decision Makers Speak! - View from the Bench" York University, Osgoode Hall Law School Professional Development: Certificate in Construction Law, 2021, 2022 and 2023

Panelist 
"The Search for Efficiency in Arbitration"  Western Canada Commercial Arbitration Society - Annual General Meeting, 2023

Panelist 
"The Search for Efficiency in Arbitration"  CanArbWeek - Annual Conference (Toronto), 2023

Speaker
"The Essentials of Conducting Negotiations: When, Where and How to Engage Successful Outcomes"  Canadian Bar Association - Skilled Lawyer Series, 2023

Speaker
"How Far Can the Arbitrator Go: Relying on Law not Raised by Counsel", Western Canada Commercial Arbitration Society - Annual Conference, 2023

Speaker
"How Far Can the Arbitrator Go: Relying on Law not Raised by Counsel", Canadian Bar Association - Alberta Branch, 2023

Speaker
"Drafting Effective Mediation Briefs", Canadian Bar Association - Alberta Branch, 2023

Speaker
"Civil Litigation Primer for Journalists", CBC Calgary, Learn at Lunch, 2022

Speaker
"Advantages and Disadvantages of Arbitration and Combined Mediation and Arbitration", Vogel LLP Speaker Series, Arbitration of Commercial Disputes, 2022

Speaker
"Basics of Mediation - a Refresher", National Judicial Institute, Court of Appeal Education Seminar, 2021

Speaker
"Remedies for Unfavourable Arbitration Awards: Appeals, Setting Aside, and Declarations of Invalidity", Canadian Bar Association: Alberta Branch, ADR Subsection, 2020

Speaker
"Appeals, Setting Aside, and Declarations of Invalidity", ADR Institute of Canada, Arbitration Appeals: the Good, the Bad and the Ugly, 2020

Speaker
“Arbitration Pitfalls & Misconceptions”, ADR Institute of Alberta Luncheon, 2019

Speaker
“Arbitration Pitfalls & Misconceptions”, Alberta Civil Trial Lawyers Association (Calgary and Edmonton), 2019

Speaker
“Basics of Arbitration and Making the Most of Mediation”, Derer Lutz, No Longer Alternative Dispute Resolution Symposium, 2019

Speaker
“Limitation Periods in Arbitration”, ADR Institute of Canada, ADR to the Rescue of Justice Conference, Montreal, 2018

Speaker
“Limitation Periods of Arbitration”, Canadian Bar Association: Alberta Branch - ADR Subsection, 2018

Speaker
“Arbitrating the Construction Dispute”, York University, Osgoode Hall Law School Professional Development: Certificate of Construction Law - Western Canada Edition, 2016

Speaker
“Arbitration”, Canadian Bar Association: Alberta Branch - ADR Subsection, 2015

Speaker
“Mediations: Games People Play”, Alberta Civil Trial Lawyers Association: Litigation Potpourri, 2015

Speaker
“Arbitration”, Central Alberta Bar Association, Red Deer, 2015

Speaker
“Evidence Law Refresher the Rule of Browne v Dunne and Evidence Not Called: The Adverse Inference”, Legal Education Society of Alberta, 2014

Panelist
“How to Establish a Successful Litigation Practice”, Canadian Bar Association: Alberta Law Conference, 2014

Panelist
“Candid Conversations with Men in Law Round Table Discussion”, University of Calgary, Faculty of Law, 2014

Panelist
“Thinking Outside the Box to Realize ALL Potential Benefits of Commercial Arbitration”, ADR Institute of Canada/International Chamber of Commerce Canada Gold Standard in ADR Conference, Toronto, 2013

Panelist and Workshop Instructor
“Evidence for Litigators Seminar”, Legal Education Society of Alberta: Advocacy Series, 2011

Moderator
“Financial Experts in ADR”, ADR Institute of Canada: Peak Performance in ADR Conference, Vancouver, 2011

Speaker
“Selection, Appointment and Jurisdiction of the Arbitrator”, “Scope and Composition of the Award”, “Enforcement of Domestic and International Awards”, Legal Education Society of Alberta, Arbitration Seminar, 2011

Co-Chair
"New Lawyer Experience Seminar", Legal Education Society of Alberta, 2009

Speaker
“Medical Care for the Gravely Ill - Who Calls the Shots?”, Calgary Medical Legal Society, 2008

Interviewee
Interviewed about an injunction obtained in respect of a comatose patient in respect of whom a do-not-resuscitate order had been made. The National at Six, CBC TV and Calgary Eyeopener, CBC Radio, 2007

Graduation Guest Speaker
Cochrane High School, 1989 & 2004

Speaker
“Elective C-Sections - Latest Challenges and Complications”, Insight Information Co.: Obstetric Malpractice and Risk Management Conference, Vancouver, 2004

Moderator
“Sexual Torts Workshop”, Alberta Civil Trial Lawyers Association: Sexual Torts Workshop, 2004

Moderator
Alberta Civil Trial Lawyers Association: Section B Auto Insurance Workshop, 2003

Speaker
“Building the Plaintiff’s Case”, The Canadian Institute: Litigating Traumatic Brain and Spinal Cord Injuries Conference, Toronto, 2003

Regular Guest Speaker
“Nursing and Healthcare in Forensic Populations”, University of Calgary: Faculties of Nursing and Continuing Education, 1997 - 2002

Speaker
“Use of Experts in Accident Reconstruction”, Canadian Institute: Claims Litigation Conference, 2002

Regular Speaker
“Legal Liability, Insurance and Screening Practices for Not-For-Profit Organizations”, Volunteer, Calgary, 1997–2000

Interviewee
Internet radio interview about suing politicians, Essential Talk Network, 2000

Panelist
National Dispute Resolution Conference: Conflict Solution, 2000

Speaker
“Standard of Care, Consent and Limitation Period Issues”, Lexpert: Medical Negligence Conference, 1998

Speaker
“Informed Consent”, Canadian Bar Association: Health Law Subsection, 1998