From 2 July 2024 until 1 August 2024, the Government of Canada is holding consultations on “potential policy responses to protect Canada’s auto workers and growing electric vehicle (EV) industry from China’s unfair trade policies and practices, and prevent trade diversion resulting from recent actions taken by the United States and the European Union”. On… Continue reading Think Before Acting: Issues To Consider In The 30-Day Consultations…
On 11 March 2024, Secretary Tom Vilsack of the U.S. Department of Agriculture (USDA) announced the final rule governing a voluntary “Product of USA” labelling measure that will enter into force on 1 January 2026 with respect to meat, poultry, and egg products. Under the new rule, all processing steps — from birth of livestock… Continue reading Not COOL: “Product of USA” Meat, Poultry, and Egg Labels
On September 13th, the European Commission (EC) announced that it will be initiating a countervailing duty (i.e., anti-subsidy) investigation concerning electric vehicles (EVs) from China. The announcement was made by the President of the EC, Ursula von der Leyen, during the State of the Union address. She stated that “global markets are now flooded with cheaper Chinese… Continue reading Electrical Vehicles Imported from China Spark EC Anti-Subsidy Investigation
On 21 April 2023, the Canada Border Services Agency (“CBSA”) initiated an investigation (WT 2023 IN: Wind towers) concerning the alleged injurious dumping and subsidizing of certain wind towers imported from the People’s Republic of China (“China”). The CBSA will investigate whether the imports are being dumped and/or subsidized and will make preliminary decisions within… Continue reading Wind Towers from China Subject To CBSA Dumping and Subsidy…
Tereposky & DeRose had the privilege of assisting the Secretaría de Economía represent Mexico in a multi-party and multi-treaty claim brought by six claimants under the NAFTA and Mexico’s investment treaties with Argentina, France and Portugal, seeking US$80 million plus interest and costs. In August 2020, Mexico successfully bifurcated the arbitration into a preliminary phase to address its jurisdictional… Continue reading Mexico Defeats $80 Million ISDS Multi-Party and Multi-Treaty Arbitration Claim…
The first arbitration award has been issued under the appeal procedure set out in the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). The appeal of the Report of the Panel in Colombia – Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands (DS591) was filed by Colombia on 6 October 2022. The award was issued 75 days later, well… Continue reading First MPIA Appeal Arbitration Award Issued Under WTO Alternative Appeal…
On 6 October 2022 a notification of appeal was filed by Colombia of the Report of the Panel in Colombia – Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands (DS591). This is the first notification of appeal under Article 25 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)… Continue reading First WTO appeal initiated utilizing the procedures under the Multi-Party…
On 25 May 2022, the United States invoked the dispute settlement procedures of the Canada-United States-Mexico Agreement (CUSMA) by requesting consultations concerning Canada’s dairy product tariff-rate quota (TRQ) allocation practices. Earlier this month, New Zealand challenged similar allocation practices under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) (see Daring to Challenge Dairy: New Zealand Challenges Canada’s Implementation of… Continue reading Spilling More Milk: Canada’s Dairy Quota Allocation Practices Under Siege…
The first dispute has been initiated under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). On 12 May 2022, New Zealand requested consultations concerning Canada’s implementation of its obligations regarding tariff rate quotas (TRQs). Rather than the high tariffs otherwise applicable to dairy imports, the TRQs provide duty-free access for specified annual quantities of the following dairy products:… Continue reading Daring to challenge Dairy: New Zealand challenges Canada’s implementation of…
On 28 April 2022, Turkey notified the WTO Members that is was appealing the report of the panel in the Turkey – Pharmaceutical Products dispute (DS583) using the arbitration procedures under Article 25 of the Dispute Settlement Understanding (DSU). Although similar in procedure, this appeal was not initiated under the recently established Multi-Party Interim Appeal Arbitration Arrangement (MPIA). The MPIA… Continue reading The First WTO Appeal Arbitration is Initiated, Although Not Directly…
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