Corporate, Commercial and Business Law Firm - McMillan Binch Mendelsohn
Corporate, Commercial and Business Law Firm - McMillan Binch Mendelsohn

commercial real estate

competition/antitrust

corporate

debt products

employment and labour relations

intellectual property and technology law

international business and trade law

anti-dumping, countervail and safeguard measures

customs

export and import controls

international arbitration and litigation

international business regulation

international business transactions

international finance transactions

international networks

international trade agreements

investment protection

transfer pricing

litigation and dispute resolution

projects

restructuring

tax

other specialized practice areas

international trade agreements

Our international business and trade lawyers regularly write and speak at professional conferences. We have in-depth knowledge of Canada's bilateral and multilateral trade agreements including the North American Free Trade Agreement (NAFTA), General Agreement on Tariffs and Trade (GATT), General Agreement on Trade in Services (GATS), Agreement on Trade-Related Aspects of Intellectual Property (TRIPs), Agreement on Trade-Related Aspects of Investment Measures (TRIM), Government Procurement Agreement and other WTO agreements. We also advise on sectoral agreements governing industries such as agriculture, energy, financial services, information technology, telecommunications, textiles and transportation.

Our advisory and advocacy services include:

 Complaints. Identifying trade agreement violations and assisting companies and industry associations to obtain changes in government measures or to support the Canadian government's pursuit of cases against foreign countries

 Defences. Acting for private and public sector entities helping the Canadian Government defend challenges to existing laws, regulations or policies

 Compliance. Advising domestic and foreign industries on the manner in which WTO, NAFTA or other dispute settlement rulings may be implemented, including the operation of product retaliation lists such as the Byrd Amendment retaliation

 Policy Advocacy. Making submissions to governments on behalf of companies or industry associations regarding changes to domestic legislation or the negotiation of trade agreements, with particular emphasis on interfaces with other areas of economic regulation, including investment rules and competition policy


Representative Transactions/Cases
 
 Representing Canadian Corn Producers in their attempts to have Canada initiate WTO dispute settlement proceedings against US Grain Corn subsidies
 
 Making submissions to International Trade Canada on behalf of importers and exporters of various products including on the draft Byrd amendment product retaliation list
 
 Assisting auto industry associations with submissions to the Canadian Government regarding the compliance of fuel additive regulations with GATT and NAFTA
 
 Representing private parties with interests in the challenge of the Canada-US Auto Pact under the GATT, TRIMs, SCM Agreement and GATS
 
 Advising on whether it is reasonable for a Canadian apparel manufacturer to access an exporter's NAFTA Tariff Preference Level for duty-free export to the U.S. of "non-originating" apparel under NAFTA
Publications / Presentations
May 2006
The Treatment of Subsidies in Trade Remedy Laws and Trade Agreements: The Complex Case of Softwood Lumber
Article: Inter-Pacific Bar Association Annual Conference - Sydney, May 2006
A. Neil Campbell, Jonathan Hood
March 2005
WTO Deals Another Blow to US Farm Subsidies
International Business and Trade Law Bulletin
Bill Hearn, Jonathan Hood
2003
Canada Chapter in International Protection of Foreign Investment
Salzburg: Yorkhill Publishing (2003, Looseleaf, update forthcoming in 2006)
June 2000
The Contribution of WTO Appellate Review to a Rule-Based World Trading System
Canadian International Lawyer
October 1999
NAFTA Government Procurement Rules Have Teeth
International Trade and Commodity Tax Group Bulletin
January 1995
The New Dispute Settlement System under the WTO Agreement
Canadian International Lawyer
Bill Hearn


Partners:
A. Neil Campbell
Bill Hearn
Robert Wisner
Mickey M. Yaksich



A. Neil Campbell
416.865.7025




investment protection

public policy & government relations

public policy advocacy


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