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, 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 recently co-authored “Beyond Fraud: Rethinking The Autonomy Of Letters Of Credit In Canada”, [2020] I.C.L.R. 72 and is the co-author of a chapter in "Review of Construction Law: Recent Developments" (Toronto: Carswell, 2012) on the subject of Building Information Modeling. Michael is also a regular contributor to the Construction Law Letter (LexisNexis), and is a co-editor of the IBA’s Construction Law International.
Michael was named as a Leading Lawyer to Watch in the 2019 Lexpert Directory.
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.
- UNCITRAL arbitration related to a gas processing facility in northern British Columbia.
- Ad hoc arbitration related to a nickel hydrometallurgical processing facility.
- Various disputes related to a light rail tunneling project.
- Ad hoc arbitration related to a P3 contract for the design, construction, maintenance and operation of a series of highway service centres.
- Represented subcontractor in a claim for time and money related to a trackwork installation for a light rail transit project.
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