LexSage

World Trade Organization

Canadian businesses operating internationally often need guidance navigating international trade waters.  Since the formation of the WTO and implementation of the various multilateral and plurilateral WTO agreements, businesses that operate in the global trade environment need lawyers who understand WTO rules.  When China joined the WTO in 2001, and Russia in 2012, businesses expanding into BRIC markets increased their focus on WTO rules.  Understanding WTO principles has become indispensable to success in international business.

LexSage has a wide range of expertise counselling businesses and governments on international trade negotiations, trade policy and dispute settlement.  LexSage provides legal advice and consultancy assistance with respect to the WTO as one of LexSage’s core competencies. 

Clients ask us to help them manage risks and maximize opportunities.  LexSage advises clients on WTO dispute settlement, NAFTA disputes settlement (including bi-national panel reviews) and investor-to-state dispute settlement. Cyndee Todgham Cherniak has experience advising Canadian stakeholders in connection with WTO cases including:

• Canada – Certain Measures Concerning Periodicals,
• Canada – Certain Measures Concerning the Automobile Industry,
• Canada – Patent Protection of Pharmaceutical Products,
• United States – Treating Export Restraints as Subsidies,
• United States – Preliminary Determinations with Respect to Certain Softwood Lumber from Canada, and
• United States – Continued Dumping and Subsidy Offset Act of 2000.

How can we help you?

• Are you a Canadian company or foreign company and require a strategy for enforcing WTO commitments that will benefit your business?
• Are you a Canadian company who is facing a trade barrier in another country that does not seem fair or is discriminatory?
• Are you a Canadian company and require assistance in developing a strategy for WTO negotiations conducted by the Government of Canada?
• Are you a government requiring guidance about WTO negotiations or accession to the WTO?
• Are you a foreign company and want to understand a Canadian law that you believe is a non-tariff barrier or a technical barrier to trade or unfair trade restriction?
• Would you like to understand Canadian laws implementing a WTO provision?
• Would you like to understand about the application and/or interpretation of WTO agreements and protocols of accession?
• Would you like to understand the WTO dispute settlement provisions?
• Would you like to make representations to the Government of Canada (JLT) about a potential WTO case against another country?
• Are you a Canadian business or industry association affected by a WTO case filed against Canada and would like to participate in the proceedings by providing information and advocacy recommendations with respect to written and oral presentations to the Government of Canada (JLT)?
• Would you like to make representations to the Government of Canada and request it become a third party to a WTO dispute between other WTO members?
• Would you like advice on market access analysis and advocacy?
• Would you like advice on WTO market access commitments?
• Would you like advice on multicultural trade negotiations and policy developments at the WTO?
• Would you like to monitor the accession of a country to the WTO?

Additional Information About LexSage

Cyndee Todgham Cherniak has reviewed written a report of the Asian Development Bank and has included chapters about non-discrimination at the WTO and Article XXIV of GATT. Cyndee is a sessional law professor at the University of Windsor School of Law where she teaches a course on Canadian / US Trade Issues. She was adjunct professor at Case Western Reserve University School of Law for 5 semesters and taught a course on NAFTA and bilateral trading arrangements. 

Cyndee Todgham Cherniak is the Chair of the Canadian Bar Association, National Sales Tax, Customs and Trade Section.  Cyndee is a Vice-Chair of the International Trade Committee.  In 2011, Cyndee was a sessional law professor at the University of Windsor, School of Law and taught a course on Canada-US trade issues.  Between 2005 and 2011, Cyndee was adjunct law professor at Case Western Reserve School of Law and taught a course on NAFTA.  Cyndee is a director of the Canada-China Business Council.  Between 2003 – 2012, Cyndee was an advisory board member of the Canada-United States Law Institute.

Cyndee Todgham Cherniak is recognized as a leading lawyer in the area of customs and trade laws, including: 

• The International Who’s Who of Trade and Customs Lawyers (2010, 2011, 2012)
• The International Who’s Who of Business Lawyers: Canada (2011, 2012)
• The Legal Media Group Guide to the World’s Leading International Trade Lawyers (2007 – present)
• The Legal Media Group Guide to the World’s Leading Women Lawyers in Business (2010-2011, 2012-2013)
• The Legal Media Group Guide to the World’s Leading China Lawyers – International Trade Lawyers (2011/2012)
• Chamber’s Global:  The World’s Leading Lawyers for Business (2006 – present)
• Canadian Legal Lexpert® Directory (2004-2007).

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