Jennifer Radford

  • Counsel to foreign governments on investor-state law, including the provision of complex assessments of the likelihood of success on both jurisdiction and merit in various potential investor-state disputes. Advice has included comprehensive analyses relating to the investment provisions of the Canada-EU Comprehensive Economic and Trade Agreement and the Trans Pacific Partnership Agreement/Comprehensive and Progressive Agreement for Trans-Pacific Partnership. Currently acting as co-counsel to the Government of Mexico in the following claims under NAFTA Chapter Eleven: Lion Mexico Consolidated LP v. United Mexican States, ICSID, Joshua Dean Nelson and Jorge Blanco v. United Mexican States, ICSID, and B-Mex v. United Mexican States, ICSID.
  • Counsel for domestic industry and exporter/importer clients in numerous Canadian anti-dumping and countervailing duty investigations, including: Dry Wheat Pasta, Polyethylene Terephthalate Resin, Fabricated Industrial Steel Components, Welded Large Diameter Carbon and Alloy Steel Line Pipe and Concrete Reinforcing Bar. In 2017, our team secured commercially important exclusions in two investigations. In another investigation, we obtained for our client a dumping margin that was more competitive than other subject exporters by more than 35%.
  • Counsel and advisor to a number of foreign States and Embassies carrying on missions in Canada, including assistance on diplomatic communications with Canada and providing advice on a wide range of sensitive diplomatic relationship issues.
  • Counsel to States, their Embassies, and their diplomatic representatives and employees in superior and appeal court proceedings where complex state and diplomatic immunity defences arise. Also, provision of advice on the scope and limitations of State and diplomatic immunity available as their missions in Canada are carried out.
  • Counsel and advisor on the protection and repatriation of foreign State property on Canadian soil, including the status of diplomatic bank accounts and the question of their inviolability. As counsel for the State of Libya, successfully repatriated a multi-million dollar state property situated in Canada purchased through corrupt funds by the son of the late dictator of Libya, Colonel Muamar Qadhafi.
  • Counsel and advisor to foreign governments, financial institutions, and foreign and domestic businesses on the applicability and effect of Canadian economic sanctions, including advice on the applicability and scope of economic sanctions, how to ensure ongoing compliance with economic sanctions, and how to manage and voluntarily disclose breaches of economic sanctions while limiting the risk of administrative or criminal penalties.
  • Counsel and advisor to foreign and domestic businesses on the scope and applicability of on Canada’s Access to Information regime, including how to prevent a third party from accessing commercially confidential information from the Government.
  • Counsel for suppliers in complex procurement challenges before the Canadian International Trade Tribunal.
  • Counsel and advisor to domestic exporters on the applicability of export control laws, including performance of internal investigations/audits, the development of internal export control policies and procedures, and undertaking successful voluntary disclosures.
  • Leader on Investment Protection for the CETA Market Access Program for EU Businesses.

The majority of Jennifer’s advisory work for clients is confidential. Examples of recent publicly available work include:

  • Representation of an importer (Andritz Hydro Canada Inc.) NQ-2016-004, Fabricated Industrial Steel Components before the CITT.
  • Representation of a Portuguese foreign producer and exporter (MEGASA Group) in NQ-2016-003, Concrete Reinforcing Bar before the CITT.
  • Representation of an importer (Syncrude Canada Ltd.) in NQ-2016-001, Welded Large Diameter Carbon and Alloy Steel Pipe in NQ-2016-001 before the CITT.
  • Representation of the State of Libya in the successful repatriation of multi-million dollar state property situated in Canada and purchased through corrupt funds by the son of the late dictator of Libya, Colonel Muamar Qadhafi.
  • Representation of the State of Libya in a commercial dispute with a Canadian company at both the Superior Court and Court of Appeal levels, where both state and diplomatic immunity arguments were successfully advanced.
  • Representation of Deloitte in a procurement dispute adverse to the Government of Canada, which resulted in compensation for lost profit to Deloitte.

Contact

613-237-9777
jradford@tradeisds.com

Education/Bar Admission

  • Called to the Bar (Ontario) in 2002
  • MA (Hons.) in International Affairs and LLB, joint international program at Norman Paterson School of International Affairs and University of Ottawa Faculty of Law, 2000 and 2001
  • BA (Hons.) in International Political Science, University of Alberta, 1997
  • Graduate of the Centre for International Law’s Singapore International Arbitration Academy

Professional Involvement

  • Member, Law Society of Ontario
  • Member, Canadian Council on International Law
  • Member, American Bar Association
  • Member, Organization of Women in International Trade
  • Editor, Canadian Institute's International Trade Regulation Journal
  • Editor, Investor-State LawGuide