News & Analysis as of

North American Free Trade Agreement Canada

Gibney Anthony & Flaherty, LLP

USCIS to Increase Scrutiny for TN Visa Requirements: Impact on Employers

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the...more

Benesch

New Geopolitical Risks and Strategies for U.S. Supply Chains

Benesch on

Geopolitical risk is emerging as one of the greatest challenges facing domestic and international business today. It has risen from a boardroom issue to one drawing the awareness and attention of both personnel and the...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario annule une sentence arbitrale en raison d’une crainte raisonnable de partialité

Dans l’affaire Vento Motorcycles, Inc. v. Mexico (l« affaire Vento »), la Cour d’appel de l’Ontario (la « CAO ») a annulé une sentence prononcée par une formation arbitrale (la « sentence »), en raison d’une crainte...more

Vinson & Elkins LLP

Impacts of Trump’s Tariffs on North American Energy Markets

Vinson & Elkins LLP on

For more than twenty years, the North American Free Trade Agreement (“NAFTA”), and later, the United States‑Mexico-Canada Agreement (“USMCA”), have facilitated cross-border trade and investment among the United States,...more

International Lawyers Network

Establishing a Business Entity in Canada (Updated)

INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more

King & Spalding

The Trifecta: What to Expect from a Second Trump Administration and a Republican Congress

King & Spalding on

Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more

Foley & Lardner LLP

Five Compliance Best Practices for … USMCA Management

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As an accompaniment to our biweekly series on “What Every Multinational Company Should Know About” various international trade, enforcement, and compliance topics, below find an update to our series on compliance checks that...more

Mintz - ML Strategies

2024 Post-Election Analysis

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Following a hotly contested election, Donald Trump is once again the president-elect and will return to the White House on January 20, 2025. He will do so with a dominant electoral college win, potentially a win of the...more

IR Global

Navigating political shifts - Strategies for businesses in an election year - The Visionaries

IR Global on

The year 2024 is proving to be a pivotal time on the global stage with numerous critical elections reshaping the political landscape. As new governments take office, businesses and individuals must prepare for a wave of...more

IR Global

Navigating Trade Waters: A Deep Dive into the USMCA Joint Review Process and Its Impact on China and Mexico

IR Global on

This is the second of a three-part series about the USMCA joint review process, focusing on China, Mexico, and competing visions of a “worker-centered” trade policy. Part one introduces the USMCA joint review process and...more

Bennett Jones LLP

Canada Seeks Business Input on CUSMA Ahead of 2026 Joint Review

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On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario confirme la portée limitée du contrôle judiciaire des sentences arbitrales

Dans l’affaire Clayton v. Canada (Attorney General), la Cour d’appel de l’Ontario (la « CAO ») a rejeté une tentative de faire annuler une sentence arbitrale pour des motifs liés à la compétence du tribunal arbitral et à...more

Blake, Cassels & Graydon LLP

Court of Appeal Confirms Limited Scope of Judicial Oversight of Arbitral Awards

In Clayton v. Canada (Attorney General), the Ontario Court of Appeal dismissed an attempt to set aside an arbitral award on jurisdictional and public policy grounds, confirming that the grounds on which arbitral awards may be...more

Bennett Jones LLP

Amendments to Canada’s Export Control List: Addition of Quantum Computing and Advanced Semiconductors

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On July 20, 2024, an Order Amending Canada’s Export Control List (ECL) (SOR/2024-112, or the Order) came into effect. This amendment adds five new controls under Item 5506 of the ECL, extending Canada's export regulation of...more

Bennett Jones LLP

Economic Outlook: Saving, Investment and Productivity Growth - 2024 Mid-Year

Bennett Jones LLP on

Discussions with investors in Asia, Europe and the United States provide valuable insight into the state of Canada’s economy. Views reflect reality and perception. Both matter. Investors universally envy our potential, our...more

International Lawyers Network

Establishing a Business Entity in Canada (Updated)

INTRODUCTION - Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multi-cultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages...more

Kelley Drye & Warren LLP

USITC Releases First Biennial Report on Economic Impact and Operation of USMCA Automotive Rules of Origin

On June 30, 2023, the U.S. International Trade Commission (ITC) released its first report on the economic impact of the United States-Mexico-Canada (USMCA) automotive rules of origin. Rules of origin (ROOs) are used to...more

Torres Trade Law, PLLC

Update on USMCA Dispute Panel Activity

The United States-Mexico-Canada-Agreement (“USMCA” or the “Agreement”) was formed to promote growth in North American trade in a way that is beneficial to each of the state parties to the Agreement. However, as with any...more

International Lawyers Network

Establishing A Business Entity In Canada (Updated)

Bilingual and Bi-Juridical - Canada is a bilingual, bi-juridical, and multicultural country, composed of 10 provinces and 3 territories. English and French are federally mandated official languages pursuant to the...more

White & Case LLP

NAFTA’s Sunset Period Will End in June 2023 and Claims Must Be Notified Earlier, in Some Cases by Year-End 2022 – NAFTA Investors...

White & Case LLP on

State conduct may adversely affect foreign investors and their investments.  Investors protected under international investment treaties may bring arbitration proceedings against States in those cases, seeking financial...more

Sheppard Mullin Richter & Hampton LLP

Does the USMCA Mean What It Says? The Disputes Panel Hearing on the Auto Core Parts Rules of Origin

This week saw Canada, Mexico and the United States present their respective positions and legal arguments, often in sharply worded exchanges, about how the Auto Core Parts rules of origin under the U.S.-Mexico-Canada...more

Bennett Jones LLP

Geopolitics and Geoeconomics: Trade and Investment Disruptions and Implications

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International trade and investment is a crucial channel through which economies and individual businesses specialize, innovate, become more productive, and grow incomes, output and employment while also containing input costs...more

Bennett Jones LLP

Set-Aside Applications Cannot Be Used to Reargue Merits of the Claim

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The Ontario trial court has once again emphasized that an application to set aside an arbitral award under Article 34 of the Model Law is not to be used as an opportunity to reargue the merits of the claim. Under Article...more

Bracewell LLP

Five Take-Aways From Bracewell Seminar on the Strategic Use of International Arbitration and Mexico

Bracewell LLP on

International arbitration, when available and used strategically, adds leverage, especially in dealing with a government. Qualifying foreign investors in Mexico affected by the changes in the regulatory environment promoted...more

Bennett Jones LLP

CBSA Clarifies Documentary Requirements to Establish that Imported Goods Are Not Produced with Forced Labour

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On January 20, 2022, the Canada Border Services Agency (CBSA) updated its policy document, Memorandum D9-1-6, titled Goods manufactured or produced wholly or in part by prison labour (the D-Memo), to provide guidance to...more

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