Pierre Bienvenu, Ad E

Global Co-Head of International Arbitration, Senior Partner

Pierre Bienvenu

Montréal

T:+1 514.847.4452

F:+1 514.286.5474

Pierre Bienvenu is global co-head of our international arbitration practice and a member of our global supervisory board. He was Managing Partner of Ogilvy Renault LLP (one of our two predecessor firms in Canada) from 2005 to 2009 and chaired its executive committee until 2011.

Mr. Bienvenu practises in international commercial arbitration, corporate and commercial litigation, and constitutional law. He has acted as counsel in numerous domestic and international arbitrations, both ad hoc and institutional, involving disputes in telecommunications, aeronautics, international distribution and joint ventures, mergers and acquisitions, construction and foreign investment. He is also regularly called upon to represent parties in court proceedings to recognize and enforce or to set aside foreign or domestic arbitral awards. Mr. Bienvenu serves as arbitrator in international arbitrations and has experience as sole arbitrator, party-appointed arbitrator and chairman of the tribunal. He is a member of the LCIA Court, of which he is also a Vice-President, and is President of the LCIA’s North American Users’ Council.

In addition to appearing before numerous administrative and arbitral tribunals, Mr. Bienvenu has pleaded before the courts of Quebec, the Federal Court of Canada and the Supreme Court of Canada. He has participated in numerous challenges to the constitutional validity of provincial and federal legislation, and has extensive experience in public law litigation. His Supreme Court of Canada experience includes representing government bodies, institutions, corporations and individuals in a range of constitutional and commercial law disputes, including representing the Attorney General of Canada in the landmark Reference re Secession of Quebec, the federally appointed judiciary in the Bodner case and the successful party in the highly publicized Eric v Lola constitutional case, and acting as co-counsel for BCE and Bell Canada in their successful appeal to the Supreme Court to approve a plan of arrangement for the $50 billion leveraged buyout of BCE by a private equity consortium. A more detailed list of representative experience is found under “Selected Client Work.”

Mr. Bienvenu was awarded the distinction Advocatus Emeritus by the Quebec Bar in 2008 and, in 2013, he was presented with the Paul-André Crépeau Medal by the Canadian Bar Association for his contribution to the advancement of the international dimension of private law and commercial law in Canada.

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  • Year of call
    Quebec 1983
  • Law school
    LL.M., London School of Economics and Political Science, 1983
    LL.L., Université de Montréal, 1981
  • Speaking engagements
    • “The Lola case and its potential impact on common law spouses in Quebec” (keynote speaker), The Lord Reading Law Society, Montreal, April 19, 2012.
    • “Get what you need: Winning damages and other remedies in international arbitration” (lead session speaker), IBA Annual Conference, Dubai, UAE, November 2011.
    • “Arbitration in the 21st Century: making it work” (Co-Chair), Joint IBA-ICC Conference, New Delhi, India, December 2009.
    • “Due Process in International Arbitration” (Conference Chair), 12th International Arbitration Day, International Bar Association, Dubai, UAE, February 2009.
    • “Compensation for Unlawful Expropriation, and Other Recent Manifestations of the Principle of Full Reparation in International Investment Law,” ICCA Congress Series No. 14 (2008).
    • “When Transnational Commercial Contracts Come Before International Arbitral Tribunals,” Civil Law Seminar on Contract Law, National Judicial Institute, Halifax, May 2006.
    • “The Recognition and Enforcement of Chinese Arbitral Awards Abroad,” IBA and CIETAC Conference on International Arbitration and China: Recent Developments and Current Issues, Shanghai, February 20, 2006.
    • “Arbitral Advocacy,” 15th Annual International Commercial Arbitration Workshop (Co-Chair), Institute for Transnational Arbitration, Dallas, Texas, June 17, 2004.
    • “Arbitration and Company Law,” Annual Convention, International Bar Association (Committee D), Amsterdam, September 2000.
    • “Secession by Constitutional Means: The Decision of the Supreme Court of Canada in the Quebec Secession Reference,” First Plenary Session, New Zealand Law Conference, Rotorua, April 1999.
  • Selected client work

    Mr. Bienvenu acted recently for the following clients:

    • Air Canada in an appeal before the Supreme Court of Canada concerning the application of the Montreal Convention, an international treaty, to a damages claim under the Official Languages Act
    • The successful party in the Eric v Lola case, the highly publicized challenge to the constitutional validity of the treatment of unmarried spouses under the Civil Code of Québec, which was decided by the Supreme Court of Canada early in 2013
    • Hydro-Québec in the application by Churchill Falls Labrador Corp. seeking the revision of the pricing terms of the long-term supply contract between Hydro-Québec and CFLCo
    • BCE Inc. in its $1.2 billion claim against the private equity sponsors of the failed leveraged buyout of the company
    • The Attorney General of Canada in litigation concerning the legality, under both Canadian constitutional law and public international law, of the secession of the Province of Quebec from Canada, including in the landmark Reference re Secession of Quebec by the Government of Canada to the Supreme Court of Canada
    • The federally appointed judiciary before the Judicial Compensation and Benefits Commission (2004, 2008 and 2012), as well as before the Supreme Court of Canada in the Bodner case
    • The Canadian Commercial Arbitration Centre before the Supreme Court of Canada in Éditions Chouette (1987) Inc. v Desputeaux, an appeal concerning the arbitrability of copyright disputes; the London Court of International Arbitration before the Supreme Court of Canada, first in Dell Computer Corp. v Union des consommateurs, a case dealing with the enforceability of arbitration clauses in consumer contracts, and on a second occasion, in the Yugraneft case, which concerned the legality of local time limitation periods under the New York Convention
    • A leading aircraft manufacturer in a number of ICC arbitrations and the acquirer of a railway manufacturing business in an ICC arbitration concerning representations made by the seller 
    • The successful Cypriot claimants in ADC Affiliate Ltd. v The Republic of Hungary, an ICSID arbitration

    His recent experience as an arbitrator includes:

    • ICC arbitration, seated in Stockholm, of multi-billion dollar claims in the nuclear industry (Chairman)
    • ICC arbitration, seated in Paris, of a $500 million claim concerning the protection of trade secrets (Chairman)
    • ICC arbitration, seated in Paris, of claims and counterclaims of over $350 million in the information technology sector (Chairman)
    • ICC arbitration, seated in London, of claims arising out of the cancellation of a licence agreement in the medical sector (Chairman)
    • LCIA arbitration, seated in London, of a claim under a political risk insurance policy (Chairman)
    • Ad hoc arbitration, seated in Brussels, concerning the termination of a commercial aviation agency agreement (Chairman)
    • Ad hoc conciliation, seated in Paris, in a dispute arising out of the taxation of windfall profits in the oil industry (party-appointed conciliator)
  • Rankings and recognitions
    • Fellow, American College of Trial Lawyers
    • Named “Advocatus Emeritus” by the Quebec Bar in 2008
    • Awarded Paul-André Crépeau Medal by the Canadian Bar Association in 2013
    • Chambers Global: The World’s Leading Lawyers for Business, 2014 – Dispute Resolution (Quebec) − Band 1; Arbitration (Canada) – Band 1, (“very dynamic”;  “one of the most outstanding litigators of his generation in Montreal and beyond”)
    • Best Lawyers’  Lawyer of the Year 2014 – International Arbitration – Montreal
    • The Legal 500 Canada, 2014: Dispute Resolution: Quebec
    • Best Lawyers in Canada, 2014 – Alternative Dispute Resolution; Corporate and Commercial Litigation; Directory and Officer Liability; International Arbitration; Securities Law
    • Canadian Legal Lexpert Directory, 2013: recommended in International Commercial Arbitration; Litigation - Corporate Commercial; Litigation – Directors’ & Officers’ Liability; Litigation – Public Law
    • Benchmark Canada, 2012-2014 - recognized as a local litigation star in Quebec (“a unanimous mention”; “a very refined attorney”) and a litigation practice area star in Canada in Arbitration (“brilliant international arbitration counsel”)
    • Chambers Global: The World’s Leading Lawyers for Business, 2012-2013: Dispute Resolution: Arbitration (Band 1) and Dispute Resolution: Quebec (Band 1)
    • Canadian Legal Lexpert Directory, 2012: recommended in International Commercial Arbitration, Litigation - Corporate Commercial, Litigation - Directors’ & Officers’ Liability, Litigation - Public Law and Litigation - Securities
    • Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada 2012-2013, most frequently recommended in the area of Corporate Commercial Litigation and Arbitration
    • The International Who’s Who of Arbitration Lawyers, 2012-2013
    • The International Who’s Who of Commercial Litigation Lawyers, 2011-2013
    • PLC Which lawyer?, 2012 - Dispute resolution: international arbitration
    • Best Lawyers’ Lawyer of the Year, 2012 - Alternative dispute resolution, Montreal
    • Best Lawyers in Canada, 2012-2013 - International Arbitration, Corporate and Commercial Litigation, Alternative Dispute Resolution, Director and Officer Liability, Securities Law
    • 2011 Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide), International commercial arbitration; Litigation – Corporate commercial
    • Best Lawyers’ Lawyer of the Year, 2011 - Corporate and Commercial Litigation, Montreal
    • Chambers Global: The World’s Leading Lawyers for Business, 2011: Dispute Resolution (Arbitration, Band 1 - “A well-known lawyer in arbitration who is a true luminary of the scene”); Dispute Resolution (Québec)
    • PLC Which lawyer? (2011) - Dispute resolution: international arbitration; Dispute resolution
    • The International Who’s Who of Commercial Arbitration Lawyers, 2011
    • The International Who’s Who of Trade & Customs Lawyers, 2011
    • Global Arbitration Review (GAR100), 2011 - International Arbitration
    • Chambers Global Guide (Band I - “Extremely knowledgeable and always well prepared”; “a man of tremendous class and intelligence”; “a superb arbitrator")
    • Global Arbitration Review 100, 2009 - International Arbitration (“undoubtedly the best arbitration counsel in Canada”)
    • Lexpert-Thomson Guide to the Leading 100 Creative Lawyers in Canada
  • Memberships and activities
    • International Bar Association
      • Co-Chair, North American Forum (2010-2011)
      • Co-Chair, Arbitration Committee (2008-2009)
    • London Court of International Arbitration (LCIA)
      • Vice-President
      • President of the North American Users’ Council
    • Canadian Bar Association
      • Former member, Council
      • Former member, International Development Committee
      • Former member, Executive Committee, Quebec Division
      • Former president, Constitutional Law and Civil Liberties Section, Quebec Division
    • Fellow, Chartered Institute of Arbitrators (London)
    • International Court of Arbitration of the International Chamber of Commerce (ICC)
      • Canadian roster of arbitrators
      • Executive Committee of the Canadian National Committee
    • International and Quebec panels of ADR Chambers
    • Commercial Panel of the International Center of the American Arbitration Association
    • NAFTA Advisory Committee on Private Commercial Disputes
  • Directorships
    • Optimum Group Inc.