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Our roles in WTO and RTA dispute settlement proceedings can be classified into four general categories:

  • Full participation on behalf of a government, including appearing as counsel before panels, the Appellate Body and arbitrators
  • Full participation on behalf of a government without appearing as counsel
  • Full participation on behalf of an industry or a company without appearing as counsel
  • Drafting submissions and advising on specific matters related to a dispute

 

Appearing as counsel, our lawyers have fully participated on behalf of national governments in numerous disputes and proceedings:

  • United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381) (panel, appeal, Article 21.5 compliance panel, compliance appeal, Article 22.6 countermeasures arbitration, second Article 21.5 compliance panel)
  • United States – Certain Country of Origin Labelling (DS384, DS386) (panel, appeal, Article 21.5 compliance panel, compliance appeal, Article 22.6 countermeasures arbitration)
  • United States – Measures Affecting the Production and Sale of Clove Cigarettes (DS406) (appeal)
  • United States – Final Anti-Dumping Measures on Stainless Steel from Mexico (DS344) (panel, appeal, Article 21.3(c) arbitration, Article 21.5 compliance panel)
  • Mexico – Tax Measures on Soft Drinks and Other Beverages (DS308) (panel, appeal)
  • United States – Investigation of the International Trade Commission in Softwood Lumber from Canada (DS277) (panel)
  • Mexico –  Measures Affecting Telecommunications Services (DS204) (panel)
  • United States – Continued Dumping and Subsidy Act (DS217, DS234) (panel)

 

Without appearing as counsel, our lawyers’ experience includes full participation on behalf of a government, an industry or a company by coordinating with government lawyers, conducting legal analyses, preparing evidence and submissions, and developing strategies, in several disputes, including:

  • Canada – Measures Affecting the Export of Civilian Aircraft (DS70)
  • Canada – Export Credits and Loan Guarantees for Regional Aircraft (DS222)
  • Brazil – Export Financing Programme for Aircraft (DS46)
  • Canada – Certain Measures Affecting the Automotive Industry (DS139)
  • United States – Softwood Lumber II (GATT, Subsidies Code)

 

Our lawyers’ experience includes drafting submissions and/or advising on specific matters in numerous disputes, including:

  • Canada – Measures Relating to the Feed-in Tariff Program (DS426)
  • Canada – Provisional Anti-Dumping and Countervailing Duties on Grain Corn from the United States (DS338)
  • China – Grants, Loans and Other Incentives (DS388)
  • China – Certain Measures Granting Refunds, Reductions or Exemptions from Taxes and Other Payments (MEX) (DS359)
  • China – Grants, Loans and Other Incentives (DS390)
  • China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights (DS362)
  • European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (DS400, DS401)
  • European Communities – Export Subsidies on Sugar (DS265, DS266, DS283)
  • European Communities – Measures Affecting Asbestos and Asbestos-Containing Products (DS135)
  • Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States (DS101, DS132)
  • United States – Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”) (DS294)
  • United States – Measures Relating to Zeroing and Sunset Reviews (DS322)
  • United States – Measures Treating Export Restraints as Subsidies (DS194)
  • United States – The Cuban Liberty and Democratic Solidarity Act (DS38)

 

With respect to dispute settlement under RTAs, our lawyers’ experience includes acting as counsel in all of the state-to-state disputes brought under NAFTA Chapter Twenty:

  • Tariffs Applied by Canada to Certain U.S. Origin Agricultural Products (CDA-USA-1995-2008-01);
  • Broom Corn Brooms (USA-MEX-1997-2008-01);
  • Cross-Border Trucking Services (USA-MEX-1998-2008-01).

 

Finally, our lawyers’ experience includes appearing as counsel before binational panels under NAFTA Chapter Nineteen:

  • Refined Sugar (AD) (CDA-95-1904-04);
  • Flat Coated Steel (AD) (MEX-USA-1994-1904-01); and
  • Cut-to-Length Plate (AD) (MEX-USA-1994-1904-02).