Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Almost 6 Years Later and Canada Has STILL Not Ratified ICSID

Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) on December 15, 2006 and investors and trade lawyers have been patiently waiting ever since for...

Sterling Resources Ltd. Files Notice of Dispute Under Canada-Romania FIPPA

Sterling Resources Ltd, a Canadian listed company, has issued a press release to inform investors and interested persons that on June 20, 2010 it has filed a Notice of Dispute under the Canada-Romania Foreign Investment Promotion...

Importers of Jewelry Into Canada Should Look Carefully At Valuation

As discussed in my post yesterday about the Canada Border Services Agency's hit list for post-release national priorities verifications (audits), importers of jewelry will be under a microscope in 2011. The CBSA plans to conduct...

The Canada Border Servcies Agency Are "Enforcers" - So Why Do Importers Answer Questions Without Thinking?

Why do importers feel the need to immediately pick up telephone and call the Canada Border Services Agency (CBSA) when they hear from their customs broker that the CBSA is asking questions about particular import transactions?...

The NEXUS Pass Confiscation Appeal Process Is Administrative

NEXUS pass holders may discover that their "disagreement" with the Canada Border Services Agency (or U.S. Customs) upon re-entering Canada (or the United States) may result in the immediate confiscation of their NEXUS pass or...

Argument Used by Canada Border Services Officers When They Get Into Trouble

On Friday May, 6, 2011, I came across an interesting article in the Globe and Mail written by Paul Waldie entitled "Border guard's suspended after putting gun in filing cabinet". For a copy of the article, please go to the...

Could U.S. Investors Bring Investor-to-State Claim for Morocco Internet Shutdown?

The United States and Morocco entered into a free trade agreement that entered into force on January 1, 2006. The U.S-Morocco free trade agreement includes chapters on investment, services and electronic commerce (in addition to...

Is the Auto Parts Industry a Target of NAFTA Verifications?

From what we are seeing, the answer is "yes". During the economic/financial crisis of 2008-2010, the Governments of the United States and Canada requested that the automobile industry (OEMs) cut costs. In response (and to be...

Egypt is a Member of the World Trade Organization

Egypt is a member of the World Trade Organization (WTO). The current issue will not change that fact. To the extent that the issues remain local, there should not be a WTO connection. That being said, to the extent that there is...

NAFTA Chapter 11 Win Leads to $58.4 Million Payday

On January 25, 2011, Corn Products International issued a press release that it had received $58.4 million from the Government of Mexico as payment of an arbitral award issued in respect of a Chapter 11 of NAFTA claim. ...

U.S. Company Threatens to Use Investor-State Dispute Settlement Mechanism in U.S.-Peru FTA

This is the first case that I am aware of in which a U.S. company (investor) has threatened to use the investor-state dispute settlement mechanism in the United States - Peru free trade agreement (or any free trade agreement...

The ABCs of the Canada-EU CETA Negotiations

This blog posting on the ABCs of the Canada-European Comprehensive Economic and Trade Agreement (CETA) can be adapted for most free trade agreement negotiations. As the 6th Round Canada-EU CETA negotiations is starting on January...

When the Canadian Government Says "We do not wish to commit further resources to this matter", It Means Time Period For Government Procurement Bid Challenge Starts

On December 1, 2010 the Canadian International Trade Tribunal made a decision in the government procurement bid challenge case filed by Dataintro Software Limited (CITT File No. PR-2010-077). For a copy of the case, please use...

Canada Border Services Agency Seized $2.4 Billion in Goods Last Year

Kathleen Harris is reporting in the Toronto Sun that the Canada Border Services Agency seized illicit and illegally imported goods worth more than $2.3 billion at the border last year. Records obtained by QMI Agency under Access...

Canada and Saudi Arabia May Be Discussing Foreign Investment Promotion & Protection Agreement

Arab news is reporting that Canada's International Trade Minister discussed negotiations of a Canada-Saudi Arabia Foreign Investment Promotion & Protection Agreement (like a bilateral investment treaty) during his recent visit to...

Bill C-300 Needs a Royal Recommendation Before It Can Pass Third Reading

Bill C-300 "An Act respecting Corporate Accountability for the Activities of Mining, Oil and Gas in Developing Countries" requires a royal recommendation before it can pass third reading Canada's House of Commons. This point of...