Our International Trade/WTO Law Group
The International Trade/WTO Law Group at Borden Ladner Gervais LLP provides representation and sound practical solutions to legal and strategic issues arising in all areas of international trade. The Group offers services to governments, industries and businesses. We have extensive experience in multilateral, regional and domestic trade regulation from both governmental and private sector perspectives.
Like you, BLG believes that nothing less than excellence will do. Professionals in the International Trade Group have been consistently ranked in the top national and international legal ranking publications, including the 2011 edition of Chambers Global – The World’s Leading Lawyers for Business and the 2012 edition of The Best Lawyers in Canada.
Our Services
WTO Law Practice
BLG has the largest private sector WTO law practice outside of the United States and the European Union. It is the only Canadian law firm listed on the Advisory Centre for WTO Law roster of external counsel for WTO dispute settlement.
WTO Dispute Settlement
For our clients, BLG covers all stages of dispute settlement from pre-initiation analysis and preparation, consultations, formal dispute settlement and procedure (initiation, panel, appeal, compliance panel and appeal, arbitration) to final implementation of recommendations and rulings of the WTO Dispute Settlement Body and retaliation. We have represented complainants, respondents and third parties.
Our role in dispute settlement varies and can be classified into four general categories:
- full participation on behalf of a government, including appearing as counsel before panels, arbitrators and the Appellate Body;
- full participation on behalf of a government without appearing as counsel before panels, arbitrators and the Appellate Body;
- full participation on behalf of an industry or a company without appearing as counsel before panels, arbitrators and the Appellate Body; and
- drafting submissions and advising on specific matters related to a dispute.
Members of our Group have fully participated on behalf of a government, including appearing as counsel in the following disputes:
- United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381)
- United States - Certain Country of Origin Labelling (DS384, DS386)
- United States – Final Anti-dumping Measures on Stainless Steel from Mexico (DS344)
- United States – Investigation of the International Trade Commission in Softwood Lumber from Canada (DS277)
- Mexico – Measures Affecting Telecommunications Services (DS204)
- United States – Continued Dumping and Subsidy Act (DS217, DS234)
Members of our Group have fully participated on behalf of a government, industry or company without appearing as counsel in several disputes, including:
- Mexico - Tax Measures on Soft Drinks and Other Beverages (DS308)
- Canada – Measures Affecting the Export of Civilian Aircraft (DS70)
- Canada – Export Credits and Loan Guarantees for Regional Aircraft (DS222)
- Brazil – Export Financing Programme for Aircraft (DS46)
- Canada – Certain Measures Affecting the Automotive Industry (DS139)
Members of our Group have drafted submissions and/or advised on specific matters in numerous disputes, including:
- Canada - Measures Relating to the Feed-in Tariff Program (DS426)
- Canada - Provisional Anti-Dumping and Countervailing Duties on Grain Corn from the United States (DS338)
- China - Grants, Loans and Other Incentives (DS388)
- China – Certain Measures Granting Refunds, Reductions or Exemptions from Taxes and Other Payments (MEX) (DS359)
- China - Grants, Loans and Other Incentives (DS390)
- China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights (DS362)
- European Communities - Measures Prohibiting the Importation and Marketing of Seal Products (DS400, DS401)
- European Communities - Export Subsidies on Sugar (DS265, DS266, DS283)
- European Communities - Measures Affecting Asbestos and Asbestos-Containing Products (DS135)
- Mexico - Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States (DS101, DS132)
- United States - Laws, Regulations and Methodology for Calculating Dumping Margins ("Zeroing") (DS294)
- United States - Measures Affecting the Production and Sale of Clove Cigarettes (DS406)
- United States - Measures Relating to Zeroing and Sunset Reviews (DS322)
- United States - Measures Treating Export Restraints as Subsidies (DS194)
- United States - The Cuban Liberty and Democratic Solidarity Act (DS38)
In representing and advising governments and private sector clients in WTO dispute settlement, we go beyond the black letter law and take into account policy and strategic considerations in order to achieve the best possible outcome.
Negotiations
Our WTO experience is not limited to dispute settlement. Members of our Group have advised both government and private sector clients during the Uruguay Round negotiations leading to the WTO, including in the areas of agriculture, anti-dumping and countervailing duties and investment. They continue to advise on specific aspects of the current round of WTO negotiations.
Our negotiation advice reflects our extensive experience interpreting the WTO Agreements in dispute settlement as well as trade negotiation experience gained in the regional and domestic contexts.
Advisory Services
We advise clients on the WTO-consistency of government measures. For governments, we assist in the design, implementation, assessment and defence of domestic measures as well as the assessment and challenge of foreign measures. For private sector clients, we prepare strategies to advocate or defend their interests in respect of domestic and foreign measures before relevant government officials.
Contact
For further information on our WTO law practice contact Greg Tereposky.
Our Services
Regional Trade Law Practice
BLG has an extensive regional trade law practice. Members of our Group have been actively involved in trade issues under all of the regional trade agreements to which Canada is a party.
We acted for the Government of Mexico during the NAFTA negotiations on all aspects of this Agreement, including the North American Agreement on Environmental Cooperation, the North American Agreement on Labour Cooperation, and related rules of procedure. Members of our Group were counsel for Mexico in all of the disputes brought under NAFTA Chapter Twenty:
- Tariffs Applied by Canada to Certain U.S. Origin Agricultural Products (CDA-USA-1995-2008-01)
- Broom Corn Brooms (USA-MEX-1997-2008-01)
- Cross-Border Trucking Services (USA-MEX-1998-2008-01)
Members of our Group were also counsel in the following disputes brought under Canada-US FTA Chapter Nineteen and NAFTA Chapter Nineteen:
- Gypsum (AD) (CDA-USA-1993-1904-01)
- Beer (AD) (CDA-USA-1991-1904-01)
- Refined Sugar (AD) (CDA-95-1904-04)
- Flat Coated Steel (AD) (MEX-USA-1994-1904-01)
- Cut-to-Length Plate (AD) (MEX-USA-1994-1904-02)
We have advised clients on every dispute that arose under the Canada-US Softwood Lumber Agreement.
We have advised clients on negotiation, implementation and/or compliance issues related to the following free trade agreements: Canada – Chile; Canada – Israel; Canada - Costa Rica; Canada – Peru; Canada - European Free Trade Association; Canada – Colombia; Canada – Jordan; and Canada – Panama.
We are advising clients on current free trade negotiations, including: Canada – EU; Canada - Central America Four (CA4); Canada - Caribbean Community (CARICOM); Canada - Dominican Republic; Canada – Ukraine; and Canada – Morocco.
In recognition of our experience and expertise in regional trade law, two members of our Group have been appointed to the NAFTA Chapter Nineteen Roster of dispute settlement panellists, one has been appointed to the NAFTA Chapter Eleven Roster, one is a member of the Federal Government's Experts Advisory Committee on NAFTA Chapter Eleven and one has been appointed to the Roster of Dispute Settlement Panellists under the Agreement on Internal Trade.
Contact
For further information on our regional trade law practice contact:
Greg Tereposky
Gerry Stobo
Jeffrey S. Thomas
Our Services
Government Clients and Capacity Building
BLG focuses on our government clients’ interests in the broadest sense, including capacity building.
We do not believe that study and lectures alone can provide sufficient training for government trade officials. Learning by doing is crucial. Every dispute settlement matter goes beyond simply assisting you and becomes a capacity building exercise. As we work together as a team to resolve each matter, our experience becomes your experience.
The transfer of knowledge and experience is a touchstone of our services. It is the best and the most efficient way to build your capacity to address the increasingly complex issues that arise in international trade.
Our Services
Domestic Trade Law Practice
BLG provides advice and representation on all aspects of Canadian domestic law applicable to trade in goods and services, including customs issues, intellectual property protection, anti-dumping and countervailing duty and safeguard actions, import/export restraints, trade sanctions, domestic internal measures and inter-provincial trade issues.
We have significant experience representing clients before all regulatory and adjudicative bodies concerning international trade and government procurement issues, including Customs authorities, the Canadian International Trade Tribunal (CITT), the Federal Court and Court of Appeal, and the Supreme Court of Canada.
One of the members of our Group was retained by the US Department of State as an expert in government procurement in a NAFTA Chapter Eleven proceeding.
We played a significant role on behalf of one of the parties during the negotiation of Canada's Agreement on Internal Trade.
We have significant experience in the operation and application of US trade laws to Canadian clients, including customs, trade remedies, "Section 301", and economic sanctions (including those relating to Cuba).
Contact
For further information on our regional trade law practice contact:
Gerry Stobo
Jeffrey S. Thomas