Tereposky & DeRose offers leading expertise in dispute settlement under the WTO and regional trade agreements (RTAs). Our lawyers are the most experienced Canadian private sector trade lawyers in WTO and RTA dispute settlement, regularly appearing before panels, arbitrators, and the Appellate Body in WTO disputes and acting as counsel in state-to-state disputes under NAFTA. Our lawyers are ranked with the leading WTO law firms and litigators world-wide. Greg Tereposky was appointed as a panelist in the WTO dispute European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia.
Our broad experience enables us to take a sophisticated approach to representing our clients’ interests. We know how to balance legal arguments with policy considerations, and we fully understand that, from a government’s perspective, “how you win” can be more important than simply winning a dispute. We also understand how to achieve positive commercial, government policy, and strategic goals when faced with an unwinnable situation. We are experienced in addressing the complex choice of forum and complementarity issues that arise from the conduct of parallel disputes under the WTO and investment treaties (ADM/Tate & Lyle/CPI v. Mexico and Mexico – Softdrinks (DS308)), and also in the conduct of parallel disputes under the WTO and applicable RTAs (Tuna from Mexico and US – Tuna II (Mexico)(DS381); Stainless Steel from Mexico and US – Stainless Steel (Mexico)(DS344)).
Our services cover all stages of dispute settlement, from pre-initiation analysis, preparation, and consultations, through formal dispute settlement procedures (initiation, panel, appeal, compliance panel and appeal, countermeasures, and arbitration), to final implementation of recommendations and rulings of the WTO Dispute Settlement Body and retaliation. Our lawyers have represented complainants, respondents, and third parties.