Bio
Michael specializes in international construction arbitration, and has experience working for owners, contractors, and engineers. His work focuses on large scale infrastructure projects including pipelines, power generation and transmission, refineries, tunneling, light rail, mining and hospitals. Michael’s international arbitration experience includes disputes under ICC and UNCITRAL rules, as well as ad hoc rules. Michael has also advised clients in respect of disputes before project Dispute Resolution Boards. Michael’s dispute practice relates to all manner of project delivery methods including design-build, design-bid-build, EPC and EPCM contracts, as well as Public Private Partnerships (P3). Michael has extensive experience with claims for disruption, delay and prolongation, designer negligence, and construction deficiencies.
Michael is a Founding Member of the Society of Construction Law North America and Regional Director for the Ontario region. He has been recognized as a Leading Lawyer to Watch by Lexpert, and by Who’s Who as a Future Leader in Construction Law.
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Memberships
- Society of Construction Law, North America (Founding Member)
- American Bar Association Forum on Construction Law
- International Bar Association
- ICC Young Arbitrators Forum
- Ontario Bar Association, Construction Law Section
Representative Work
- Ad hoc arbitration related to engineering deficiencies for a cross border crude oil pipeline project.
- ICC arbitration related to an EPC Contract for a coal fired power plant, in Africa.
- ICC arbitration related to an ore slurry pipeline, in Africa.
- ICC arbitration related to an ore processing plant, in Africa.
- Represented Design Builder in disputes related to a P3 hospital redevelopment.
- UNCITRAL arbitration related to a gas processing facility, in northern British Columbia.
- Ad hoc arbitration related to a nickel hydrometallurgical processing facility.
- Represented owner in disputes related to an EPC contract for a natural gas pipeline in Mexico.
- Represented contractor in various disputes related to a light rail tunneling project.
- Represented Design Builder in claims related to a P3 contract for the design, construction, maintenance and operation of a series of highway service centres.
- Represented a turnkey contractor in disputes related to the delivery and installation of an evaporation and crystallization system for a potash mine.
- Represented turnkey contractor in disputes related to delivery and installation of a new hot strip rolling steel production system.
- Represented subcontractor in claims for time and money related to trackwork installation for a light rail transit project.
- Ad hoc arbitration related to the delivery of light rail vehicles for a new P3 light rail transit project.
- Ad hoc arbitration related to the construction of a new hydro power generating facility.
- Ad hoc arbitration related the design and construction of a new rapid transit way.
Representative Publications
- Valo and Rotterdam, “Beyond Fraud: Rethinking The Autonomy Of Letters Of Credit In Canada”, [2020] I.C.L.R. 72
- Valo, "Discovery of experts in international arbitration: a Canadian perspective" (2017) International Bar Association, Young Lawyers Committee newsletter, September 2017
- Valo, "Arbitral award enforcement in Canada: deference to arbitrators and the right to be wrong" (2017) 22:1 Arbitration News 59.
- Valo, "Court Of Appeal Decision On Arbitrability Consistent With National Standards" (2017) 33:4 Construction Law Letter
Reproduced with permission of the publisher LexisNexis Canada Inc. from Construction Law Letter, Vol. 33, No. 4, March/April 2017 - Valo and Maynard, "Pricing Lump Sum Deletions: Principles and Guidance" (2017) 33:2 Construction Law Letter
- Valo, "Discovery of Experts in International Arbitration" (2016) 32:4 Construction Law Letter
- Valo and Wilkes, "Multi-Tier Dispute Resolution Clauses: A View from Ontario" (2014) 31:1 Construction Law Letter
- Valo, "Deterrence and Denunciation: Court of Appeal Sends Strong Message on Workers' Safety" (2014) 30:3 Construction Law Letter
- Valo, "Litigation Following Arbitration Acceptable where Cause of Action is Different" (2013) 29:4 Construction Law Letter
- Valo, "Settlement Agreement Makes no Reference to HST: Should HST be Added?" (2013) 29:4 Construction Law Letter
Education & Admissions
Accreditations
- Who's Who Legal, Construction Future Leaders, 2022
- Lexpert Ranked Lawyer, 2021
