Erik Penz

Erik Penz

Special Counsel Bermuda, Bermuda

T: +1 441 278 7171

E: Erik.Penz@kennedyslaw.com

Profile

Erik Penz is Special Counsel practising commercial disputes out of our Bermuda office. Called to the Bar in Canada in 2000, he is registered to practise in Bermuda.

Erik maintains a broad advocacy and advisory practice in complex contentious matters, particularly involving the insurance, construction and professional-services sectors.

He has appeared as lead counsel before the Court of Appeal, Divisional Court, Superior Court and regulatory panels in Canada, before international and domestic arbitral tribunals, and in mediations in London and Canada.

Erik was a partner at Norton Rose in Canada for 9.5 years and then practised international disputes in the Middle East for 4 years. He was counsel on leading insolvency, contract and private-international cases in Canada, and acted in high-profile litigation and international arbitration proceedings in the Middle East.

Erik’s practice covers all forms of dispute resolution, including insolvency and regulatory proceedings, and he has extensive experience with strategic / tactical litigation and multi-jurisdictional proceedings. Erik is a strong proponent of alternative dispute resolution (ADR) mechanisms such as mediation (including through the Centre for Effective Dispute Resolution in London), pre-trial settlement conferences, and negotiation.

 

Erik Penz is highly skilled in disputes strategy. Very understanding of client needs

The Legal 500, 2021

Market recognition

  • Next Generation Partner for Dispute Resolution

"Erik Penz is highly skilled in disputes strategy. Very understanding of client needs."

"I worked closely with Erik Penz on a complex commercial dispute and found his litigation expertise and advice [were] excellent."

The Legal 500, 2021

  • Band 2 for Dispute Resolution

“Erik Penz is well versed in both arbitration and litigation... He is a Canadian barrister who acts as special counsel to the firm.”

Chambers Global, 2021

  • Up and Coming for Dispute Resolution

“Erik Penz is well regarded for his capabilities in arbitration... Clients summarise his skills by saying: ‘He is highly responsive, with fine attention to detail. He's thorough, in-depth and strives towards excellence.’”

Chambers Global, 2020

Work highlights

  • Successful petition to the Supreme Court of Oman, valued at $7.27m, for ENGIE subsidiary overturning on appeal decisions of lower courts and revenue authorities regarding how it accounts for its income pursuant to International Financial Reporting Standards (IFRS).
  • Lead counsel in ICC arbitration (following CEDR mediation) for global construction company responding to $32.9m claim brought by subcontractor, with a $21.2m counterclaim, in respect of delays in the construction of an airport.
  • Successful petition to the Supreme Court of Oman overturning Appeal Court decision regarding the wrongful termination of long-term dealership contract.
  • York Condominium Corp v SEM Gas LP (2013) 362 DLR (4th) 127 (Ont SC) aff’d (2013) 369 DLR (4th) 343 (CA) — obtained dismissal of claim based on limitations defence; the leading Canadian case on when the limitation period begins for claim that contract is void.
  • Khan Resources v ARMZ Uranium Holding Co (2013) 115 OR (3d) 1, 316 DLR (4th) 446 (CA) — obtained dismissal on basis of sovereignty and security for Russian state enterprises of C$300m claim brought by JV partner; a leading case on the application in Canada of the Hague Service Convention.
  • Butcher Fuels v Superior Propane (2013) 18 BLR (5th) 283 (Ont SC) — summary judgment dismissing termination claims of long-term distributor.
  • Re Crystallex International Corp (2013) 3 CBR (6th) 307 (Ont SC (Commercial List)) — counsel for merchant bank on motion by noteholders seeking creditors’ meeting.
  • Green v Kenora Prospectors & Miners Ltd (2008) 55 RFL (6th) 270 (Ont Div Ct) — obtaining leave to appeal decision of case-management judge for lack of natural justice.
  • Re Chamomile (a firm) (2006) 21 BLR (4th) 290 (Ont SC) — counsel for partner petitioning dissolution of firm; a leading Canadian case on judicial discretion in dissolving partnerships.
  • Re Presbyterian Church of Sudan (2006) 275 DLR (4th) 512 (CA) — counsel for Repsol predecessor in successfully resisting requests from US court to the Canadian courts for evidence; a leading Canadian case on the law of international judicial cooperation.
  • Intercontinental Forest Products SA v Rugo (2004) 191 OAC 24 (Div Ct) — successfully resisting appeal regarding interlocutory-injunction judge's power to award costs.
  • Re Air Canada (2003) 47 CBR (4th) 163 (Ont SC (Commercial List)) — counsel for Air Canada’s 12 largest unsecured creditors, with claims in excess of C$2.7bn, on motion to approve Lufthansa profit-sharing deal; a leading case regarding circumstances in insolvency proceedings in which a court should permit debtor to make payments for pre-filing obligations.
Market recognition

Services

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