Gordon LaFortune, Managing Partner at Woods, LaFortune LLP, has recently been highlighted by the Corporate LiveWire Legal Awards judging panel as “one to watch in 2016” in the Public Procurement legal arena. The Legal Awards winners guide, which will be published in November, will host a section dedicated to individuals who have stood out in their respective field of law as “ones to watch in 2016”. The Corporate LiveWire Legal Awards were created to celebrate the flourishing Global Law community by acting as a showcase for the achievements of one of the world’s most successful sectors. For more information about the Corporate LiveWire Legal Awards visit –...
Read MoreJean-Marc Clement to speak at “The Basics of NAFTA Seminar” on October 16 and 21 in Michigan
Jean-Marc Clement, Legal Counsel at Woods, LaFortune LLP, will be presenting at a seminar entitled “The Basics of NAFTA” on October 16, 2015 from 8:30am-3:30pm in Grand Rapids, Michigan and on October 21, 2015 in Ann Arbor, Michigan. Hosted by State University Van Andel Globla Trade Center, this seminar will highlight the importance for American businesses, who buy and/or sell to either Canada or Mexico, of having a comprehensive NAFTA program in place to take full advantage of qualifying goods for preferential duty treatment and to remain competitive in today’s global market. The seminar aims to give attendees an understanding of the NAFTA qualification process for goods and to allow participants to gain a clear understanding of the rules, regulations, and best practices for implementation. Covered topics include: How to fill out a certificate of origin Qualifying goods using NAFTA rules of origin Tariff shift Regional value content Country of origin marking rules Supplier solicitation process NAFTA compliance For more details and to register see: http://www.gvsu.edu/vagtc/event-index.htm...
Read MoreNew Post on FITT’s TradeReady Blog re International Contracts
Catherine Walsh, legal counsel to Woods, LaFortune LLP, recently published a blog post on international contracts featured in the Forum of International Trade Trading’s (FITT) Trade Ready blog. The post, called “Nail Down these Two International Contract Clauses to Save Yourself Future Legal Headaches” walks entrepreneurs through some of the most important contract clauses to be included in an international business agreement. The full post is available at: http://www.tradeready.ca/2015/trade-takeaways/nail-two-international-contract-clauses-save-future-legal-headaches/ ...
Read MoreThe EU Union Customs Code (UCC): Risks and Opportunities to Canadians Seminar
On September 25, 2015, Woods, LaFortune LLP will be hosting a seminar entitled The EU Union Customs Code (UCC): Risks and Opportunities to Canadians in Montreal. Raphael Barazza, an experienced attorney specializing in cross-border trade law and customs procedures and current Deputy Representative before the EU Trade Contact Group in Brussels, will be discussing how the new EU Customs Code will change the way goods enter the market. Covered topics will also include: Authorized Economic Operator (AEO) update, binding tariff information, the first sale rule, special clearance procedures, and the EU concept of customs representation, among others. The event will take place at the Sheraton Montreal Airport Hotel on September 25, 2015 from 8:00am to 10:00am. Participation in the event is free. To register for this seminar please RSVP by email to clement@wl-tradelaw.com. For more information see UCC Risks and Opportunities Seminar...
Read MoreJean-Marc Clement Joins Woods, LaFortune LLP as Legal Counsel
We are delighted to announce that Jean-Marc Clément has decided to join Woods, LaFortune LLP as counsel to the firm. After spending close to five years at BCL LLP and more than ten years at PwC, Jean-Marc has decided to partner with us and join our growing trade law team. In welcoming Jean-Marc, we are pleased to add his two plus decades of customs and international trade experience to our trade law practice. Jean-Marc will continue to serve his global client-base from his Montreal office and will also provide Woods, LaFortune LLP a local presence in the city as it expands its capacity to serve clients in the Québec market. Jean-Marc is a well-known and well-respected international trade attorney in Quebec business circles, and has a proven track record of success as a trade law practitioner. Our clients will be able to draw on his expertise in many areas, which include customs procedures, import tariffs, duty recovery, antidumping and countervailing duties, trade and economic sanctions, import and export controls, international trade agreements, transfer pricing, international taxation, due diligence reviews in mergers, acquisitions and business reorganizations, cross-border counterfeit trade protection, voluntary disclosures, government relations, appeals, dispute settlement, corporate governance and anti-corruption legislation. Already a valued friend and trusted adviser, we are especially honoured that Jean-Marc Clément has chosen Woods, LaFortune LLP in his pursuit of guiding clients to success in achieving their international business goals. See his complete profile...
Read MoreNon-Violation Complaints Part III – WTO & “Good Faith”
Our last blog post addressed GATT jurisprudence. We noted concerns about the growth of the non-violation nullification and impairment (“NVNI”) option in dispute settlement which were highlighted in the first WTO case on NVNI – Japan – Measures Affecting Consumer Photographic Film and Paper [WT/DS44]: This suggests that both the GATT contracting parties and WTO Members have approached this remedy with caution and, indeed, have treated it as an exceptional instrument of dispute settlement. We note in this regard that both the European Communities and the United States in the EEC — Oilseeds case, and the two parties in this case, have confirmed that the non-violation nullification or impairment remedy should be approached with caution and treated as an exceptional concept. The reason for this caution is straightforward. Members negotiate the rules that they agree to follow and only exceptionally would expect to be challenged for actions not in contravention of those rules. The Uruguay Round negotiations provided an important opportunity to review the dispute settlement process under the WTO. In spite of concerns about the inherent unpredictability and the wider discretion for dispute settlement panels, WTO members decided to maintain the NVNI option. Article 26 of the WTO Dispute Settlement Understanding (DSU) provided additional clarity and required that NVNI claimants provide a “detailed justification” for their claim. It established that a WTO member is under no obligation to withdraw a measure that merely nullifies or impairs benefits where there is no associated violation of a WTO treaty commitment. Instead, the offending party must make a “mutually satisfactory adjustment which compensates the aggrieved party for the loss. Article 26 also provides for arbitration on the level of nullification or impairment and sets the benchmark for permissible retaliation. Ultimately the aggrieved has the right to retaliate by suspending its own concessions if a negotiated settlement cannot be reached. The first of three WTO Panels that dealt with NVNI claims was the Japan Film case noted above. This was a U.S. complaint that a wide range of measures taken by the Japanese Government had the overall effect of preventing U.S. manufacturers of photographic film from competing successfully in the Japanese market....
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