Matthew (Matt) Ghikas, FCIArb is a leading energy and regulatory counsel who is also available to act as arbitrator or mediator in energy, natural resource and other commercial disputes. He has practised law for over 25 years, primarily in British Columbia but also in proceedings across western Canada. He has been a Fellow of the Chartered Institute of Arbitrators (FCIArb) since 2018, is a roster arbitrator for three arbitral institutions and has acted as arbitrator in a variety of matters. Matt has completed the Mediation Intensive at the Program on Negotiation (Harvard Law School Executive Education).
Experience in energy, utilities and other regulatory tribunal work
Although Matt has a commercial and construction litigation background, his primary focus for many years has been the energy industry. Matt is a past leader of Fasken’s Global Energy and Climate Group in the BC Region. He has been recognized for his work in energy by a number of legal ranking organizations, including having been peer-voted as Lawyer of the Year in British Columbia (Best Lawyers in Canada) five times since 2018 in energy law categories.
Complex, multi-party regulatory litigation requires a strategic approach, combined with knowledge of the role of regulation and the energy industry. Matt understands the industry. He also understands that energy companies have long-term relationships with regulators, governments, Indigenous communities and other stakeholders. He is attuned to how policy and political forces are changing the environment in which companies operate. Clients appreciate Matt’s practical day-to-day advice and collaborative style, which enables Matt to participate seamlessly in cross-disciplinary project teams that include in-house counsel, accountants, engineers, economists and scientists.
Matt’s energy-related mandates as counsel have included prominent roles in significant public interest hearings. They include:
- acting as lead counsel for BC Hydro in the inquiry to determine whether to proceed with BC Hydro’s C$16 billion Site C dam in northern British Columbia;
- acting for a major oil refinery and gas station chain in the BC public inquiry into gasoline pricing;
- acting for the proponent of a C$1.1 billion liquefied natural gas (LNG) facility being developed for the purpose of domestic supply and system resilience; and
- acting for a participant in a BC Utilities Commission inquiry into the potential role of Indigenous-owned utilities and energy infrastructure.
- A well-structured process, developed in consultation with the parties to suit the particular circumstances. A typical process would include an initial call with counsel, the exchange of written briefs, starting the mediation with a joint session, the use of break-out sessions / shuttle diplomacy, before re-convening to finalize any agreement or next steps;
- Transparency at the outset of the mediation about the mediator’s expectations of the parties and the reasons why the mediator is taking certain steps within the mediation;
- A mediator willing to apply his legal experience to rigorously test the parties’ respective positions, while recognizing that legal counsel are ultimately best positioned to advise their clients on risk and opportunity; and
- A mediator particularly attuned to human dynamics that can pose barriers to, and opportunities for, settlement - emotions, personalities and values. Consistent with the “Harvard model” of mediation, Matt recognizes that many people need to feel heard before they can negotiate productively. Uncomfortable conversations can also be important sources of information for identifying creative settlement options.
- Serving on an ad hoc arbitration tribunal in a multi-million dollar dispute over carbon credits and force majeure relating to the failure of electricity generation equipment;
- Sole arbitrator in a shareholder dispute involving shareholder loans and allegations of oppression (VanIAC);
- Sole arbitrator in a construction dispute relating to claims of overcharging for work (VanIAC);
- Sole arbitrator in an international arbitration (Florida law) concerning performance under an investment services agreement (VanIAC);
- Sole arbitrator in a dispute over the purchase and sale of cryptocurrency mining equipment (VanIAC);
- Sole arbitrator in a franchising dispute (ICDR);
- Sole arbitrator in a dispute related to allegations of breach of a services contract (ICDR);
- Counsel in final offer arbitrations related to railway tariffs and services;
- Counsel to an electric transmission provider in an arbitration regarding the allocation of transmission capacity under a FERC Order No. 888-based Open Access Transmission Tariff;
- Counsel in a number of instances for regulated public utilities in officially sanctioned negotiated settlement (mediation) processes;
- Counsel in arbitrations and mediations related to entitlements under forest tenures; and
- Advising on an arbitrated dispute regarding an international LNG supply agreement.
Matt represents a diverse range of western Canadian regulated clients in the energy, transportation and public insurance industries. They have included the largest natural gas utility in BC, both large electric utilities in BC, electric transmission companies, an LNG facility owner, the owner of an oil refinery and retail and wholesale gasoline business, a thermal energy utility, the largest electric utility in Manitoba, the providers of regulated universal compulsory automobile insurance in both BC and Manitoba, and a provider of regulated ferry services. Matt has also acted as counsel in railway rate final offer arbitrations and Canadian Transportation Agency applications.
Matt’s experience with energy and utility companies includes: all manner of rate-related applications; energy project approvals; electrification and decarbonization initiatives; renewable energy; rate design; cost of capital/return on equity; procurement and energy supply contracts; abandonment and decommissioning; resiliency and emergency planning; force majeure; customer complaints; vegetation management and environmental issues; compliance with electric mandatory reliability standards (MRS); open access transmission tariff (OATT) disputes; landowner disputes; and disputes over use of municipal land for energy infrastructure.
Arbitrator, Mediator and Other Alternative Dispute Resolution (ADR) Experience
Arbitrator: Matt serves as arbitrator on commercial disputes. His appointments have gone beyond the energy industry, building upon a foundation of having acted as counsel in varied litigation, mediations and arbitrations over his long career.
He has been a Fellow of the Chartered Institute of Arbitrators (FCIArb) since 2018, after passing three levels of formal accreditation. Matt serves as a roster arbitrator for the International Centre for Dispute Resolution (ICDR), the ADR Institute of Canada (ADRIC) roster for commercial disputes over $1 million, and the Vancouver International Arbitration Centre (VanIAC). The Canadian Transportation Agency (CTA) has included Matt on its arbitrator roster for determining rail disputes and final offer arbitrations.
Mediator: Matt has completed the Mediation Intensive course at the Program on Negotiation (Harvard Law School Executive Education), and is available to act as mediator in energy, natural resource and general commercial disputes. Parties retaining Matt to mediate their dispute can expect:
Matt’s arbitration and mediation experience includes:
