Nota Bene Episode 70: Examining the USMCA: Is it Simply a Rebranded NAFTA? with Scott Maberry
Nota Bene Episode 66: Latin America Check In: What to Know About Doing Business in Mexico with Laura Nava and Alejandro Moreno
Compliance Report-International Edition, Doreen Edelman on Current State of NAFTA Negotiations
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Could A US-EU Free Trade Deal Harm The WTO?
On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with...more
Dans l’affaire Clayton v. Canada (Attorney General), la Cour d’appel de l’Ontario (la « CAO ») a rejeté une tentative de faire annuler une sentence arbitrale pour des motifs liés à la compétence du tribunal arbitral et à...more
In Clayton v. Canada (Attorney General), the Ontario Court of Appeal dismissed an attempt to set aside an arbitral award on jurisdictional and public policy grounds, confirming that the grounds on which arbitral awards may be...more
On July 20, 2024, an Order Amending Canada’s Export Control List (ECL) (SOR/2024-112, or the Order) came into effect. This amendment adds five new controls under Item 5506 of the ECL, extending Canada's export regulation of...more
Discussions with investors in Asia, Europe and the United States provide valuable insight into the state of Canada’s economy. Views reflect reality and perception. Both matter. Investors universally envy our potential, our...more
INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more
On June 30, 2023, the U.S. International Trade Commission (ITC) released its first report on the economic impact of the United States-Mexico-Canada (USMCA) automotive rules of origin. Rules of origin (ROOs) are used to...more
The United States-Mexico-Canada-Agreement (“USMCA” or the “Agreement”) was formed to promote growth in North American trade in a way that is beneficial to each of the state parties to the Agreement. However, as with any...more
Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more
State conduct may adversely affect foreign investors and their investments. Investors protected under international investment treaties may bring arbitration proceedings against States in those cases, seeking financial...more
This week saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada...more
International trade and investment is a crucial channel through which economies and individual businesses specialize, innovate, become more productive, and grow incomes, output and employment while also containing input costs...more
The Ontario trial court has once again emphasized that an application to set aside an arbitral award under Article 34 of the Model Law is not to be used as an opportunity to reargue the merits of the claim. Under Article...more
International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted...more
On January 20, 2022, the Canada Border Services Agency (CBSA) updated its policy document, Memorandum D9-1-6, titled Goods manufactured or produced wholly or in part by prison labour (the D-Memo), to provide guidance to...more
On January 13, Canada announced that it would join Mexico in requesting a dispute settlement panel to address a disagreement over the US interpretation of the automotive rules of origin under the US-Mexico-Canada Agreement...more
On January 4, 2022, a three-member dispute panel — established per the United States-Mexico-Canada Agreement (USMCA) — announced a significant decision in the ongoing trade dispute between the U.S. and Canada, finding that...more
Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for...more
The first North American Leaders’ Summit in five years brought together Prime Minister Trudeau, U.S. President Biden and Mexican President López Obrador in Washington, D.C. this past Thursday. The outcome carries important...more
Since taking office, the Biden Administration has been slow to engage on the trade agenda, putting a priority on jobs and seeking to reinvest in America’s competitiveness. The U.S. Trade Representative, Katherine Tai, has...more
On August 20, the Government of Mexico requested consultations with the United States under the US-Mexico-Canada Agreement (USMCA) "for the purpose of avoiding or settling a potential dispute" regarding the Agreement's rules...more
The updated version of A Guide to Canada's Export Control List (the Guide) will come into force on July 23, 2021, replacing the previous December 2018 version of the Guide. Amendments to the Export Control List (ECL)...more
On July 6, 2021, U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) that would change to the agency’s approach in determining the country of origin for goods imported from Canada and...more
Profound changes to the Valuation for Duty Regulations are on the horizon. We previously alerted readers that the federal government of Canada had included a number of provisions in its 2021 budget that would impact...more