April 23, 2010By: Cyndee Todgham Cherniak
China Daily is reporting that Microsoft successfully sues an intellectual property rights infringer in a Shanghai Court. The report indicates that Daxhong Insurance has been ordered to pay Microsoft 2.17 yuan ($317,900) as...
Posted in China, International Intellectual Property Protection, Dispute Settlement | No Comments
April 21, 2010By: Cyndee Todgham Cherniak
During the week of April 19, 2010, Canada and the EU scheduled the third round of negotiations of the Canada- European Union Comprehensive Economic and Trade Agreement (CETA) in Ottawa, Canada. On April 20, 2010, Canada's...
Posted in Trade Law, Canada, European Economic Community, Dispute Settlement, Free Trade Agreements, Free Trade Agreement Negotiations, Global Compliance & Risk Management, Government Relations, Government Procurement Bid Challenges, International Intellectual Property Protection | No Comments
March 29, 2010By: Cyndee Todgham Cherniak
Many North American business people (and business people from the far corners of the Earth) go into China with blinders on. They see the money signs in front of them and do not look for the dangers.
The convictions on March 29,...
Posted in China, International Transactions, Dispute Settlement, Government Relations, Global Compliance & Risk Management | No Comments
March 26, 2010By: Cyndee Todgham Cherniak
I have been intending to write another Foreign Extraterritorial Measures Act (Canada) ("FEMA") post for some time. I informed an U.S export controls lawyer of this intention earlier this week as I was being asked a FEMA...
Posted in Trade Law, Canada, USA, Dispute Settlement, Global Compliance & Risk Management, Export Controls and Economic Sanctions, Government Relations, International Transactions | No Comments
March 23, 2010By: Cyndee Todgham Cherniak
On March 12, 2010 (posted on the CITT web-site on March 22, 2010), the Canadian International Trade Tribunal (CITT) released a decision in the National Food Distribution Centre (EP-2009-002) in which the CITT refused to grant an...
Posted in Trade Law, Canada, Customs Duties, Dispute Settlement, Global Compliance & Risk Management, Government Relations | No Comments
March 19, 2010By: Cyndee Todgham Cherniak
On March 18, 2010, in the case of BMT Fleet Technology Limited v. Department of Public Works and Government Services Canada (CITT File No. PR-2009-063), the Canadian International Trade Tribunal (CITT) dismissed the case because...
Posted in Canada, Government Procurement Bid Challenges, Dispute Settlement, Government Relations | No Comments
March 18, 2010By: Cyndee Todgham Cherniak
A number of customs attorneys in the United States have been warning me that the United States Customs and Border Patrol (USCBP) are stepping up enforcement activities under NAFTA. I have been informed by very reliable sources...
Posted in Trade Law, Canada, USA, Customs Duties, Dispute Settlement, Government Relations, Textiles and Apparel, NAFTA Developments | No Comments
March 14, 2010By: Cyndee Todgham Cherniak
Most Canadian businesses do not relish a visit from a Canadian tax auditor and also do not view with anticipation a fax from the United States Customs and Border Patrol (USCBP) asking to come for a visit to conduct a NAFTA...
Posted in Canada, USA, Customs Duties, Dispute Settlement, Global Compliance & Risk Management, Government Relations, NAFTA Developments, Trade Law | No Comments
March 10, 2010By: Cyndee Todgham Cherniak
Recently, I have been informed of two NAFTA verifications being conducted by the Canadian Government in order to verify the correctness of NAFTA certificates of origin provided by U.S. companies and one NAFTA verification being...
Posted in Trade Law, Canada, Mexico, USA, Customs Duties, NAFTA Dispute Settlement, Free Trade Agreements, Global Compliance & Risk Management, Government Relations, NAFTA Developments | No Comments
February 21, 2010By: Cyndee Todgham Cherniak
It is embarrassing - Canada signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID or the Washington Convention) on December 15, 2006 and passed legislation granting...
Posted in Trade Law, Bilateral Investment Treaties (BITs)/ FIPAs, Canada, Investment Dispute Settlement, International Arbitration, Dispute Settlement, Free Trade Agreements, Government Relations, International Transactions | No Comments
February 18, 2010By: Cyndee Todgham Cherniak
Keeping track of the documents provided to any auditor (income tax, sales tax, customs duties, antidumping duties, etc.) is very important. I cannot say how many times I have come in after an auditor's visit to a new client and...
Posted in Canada Law Blog, Administrative and Regulatory Law, GST/PST and Other Non-Income Taxes, Harmonization, Taxation, Trade Law, Canada, Customs Duties, Dispute Settlement, Government Relations | No Comments
February 14, 2010By: Cyndee Todgham Cherniak
There is a World Trade Organization (WTO) dispute that has been flying under world radar because it is between two developing countries, the Philippines and Thailand and a "sin product", being cigarettes. "Thailand — Customs and...
Posted in Customs Duties, WTO Dispute Settlement, Dispute Settlement, Developing Countries, Global Compliance & Risk Management, Government Relations, Import Controls, Protectionism, WTO Developments | No Comments
February 12, 2010By: Cyndee Todgham Cherniak
Sandler Travis is reporting that two separate U.S.-based coalitions of U.S. steel industry companies are alleging that antidumping duty orders on certain steel goods from China are being circumvented. These screams have been made...
Posted in USA, China, Dispute Settlement, Government Relations, Global Compliance & Risk Management, Anti-Dumping, Trade Remedies | No Comments
February 12, 2010By: Cyndee Todgham Cherniak
I have told many clients, the laws of China are different than the laws of their home jurisdiction (e.g., Canada). What may not get you into trouble in Canada, may get you into trouble in China. That being said, criminal laws...
Posted in China, Australia / New Zealand, Anti-Corruption - Foreign Corrupt Practices Act/Corruption of Foreign Public Officials, Dispute Settlement, International Transactions | No Comments
February 07, 2010By: Cyndee Todgham Cherniak
On February 1, 2010, Vietnam filed its first dispute with the World Trade Organization (WTO) Dispute Settlement Body (DSB) in respect of United States' antidumping measures against certain frozen and canned warmwater shrimp....
Posted in USA, WTO Dispute Settlement, Government Relations, Developing Countries | No Comments
February 04, 2010By: Cyndee Todgham Cherniak
On February 4, 2010 China filed a Request for Consultations with the World Trade Organization (WTO) Dispute Settlement Body (DSB) regarding the continuation of 16% antidumping duties on footwear by the European Union. This is not...
Posted in China, European Economic Community, WTO Dispute Settlement, Protectionism, Anti-Dumping | No Comments