Category Archives: Media Recognition

Mark Warner was interviewed about the June 23, 2016 United Kingdom referendum on leaving the European Union (Brexit) and the Canada-European Union Trade Agreement (CETA) in print on TVO (May 24, 2016),  Financial Post, CBC on television on CBC Power & Politics (June 24, 2016),  BNN and CBC The National (June 27, 2016). Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario in the CETA negotiations and on several NAFTA Chapter 11 Investor-State Arbitrations. Mr. Warner, a Canadian and U.S. lawyer, has  previously worked on trade and competition issues as counsel in the OECD Trade Directorate. As a partner in a leading boutique law firm in Brussels specializing in European and international law, Mr. Warner negotiated with European Commission Competition officials the first ever notified merger of companies from accession countries (Polish and Czech oil companies) following EU expansion in 2004.

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Mark Warner was quoted in a Tax Notes International Article on the recent decision of the WTO Appellate Body on Panama’s challenge to certain Argentinian “defensive” measures on financial services and service providers from certain jurisdictions that do not cooperate or agree to information sharing in tax  enforcement. (April 19, 2016) The WTO Appellate Body circulated its decision on April 15th. The panel decision is particularly important in light of the recent threats by the G20, the European Union and the United States to sanction tax havens after the Panama Papers scandal. As counsel at the OECD Trade Directorate, Mr. Warner advised on harmful tax competition issues and previously worked on other trade and competition issues. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations including the chapters on investment and trade in services. Mr. Warner advises governments and business clients on trade policy, trade disputes and trade negotiations.

Mark Warner is quoted in this article about the reasons for Canada’s record in NAFTA Chapter 11 investor-state dispute settlement arbitration cases. (February 11, 2016) As Legal Director of the Ontario Ministry of Economic Development & Trade, Mr. Warner participated in the CETA negotiations and advised on several NAFTA Chapter 11 Investor-State arbitrations. Mr. Warner has advised businesses and governments on trade and investment policy and law, trade negotiations and trade disputes. He also previously worked on trade and competition issues as counsel in the OECD Trade Directorate where he participated in the negotiations of the Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Group on Trade and Investment.

Mark Warner was quoted in this article about the threats to cancel NAFTA by US Presidential candidates Trump (R) & Sanders (D). (February 10, 2016) Putting aside the messy diplomatic and economic questions, Article 2205 provides that a NAFTA party can withdraw with six months notice, the trickier question is whether a congressional-executive agreement can be terminated by the President alone or whether majority votes in both houses of Congress would be required. I think the better view is that unlike with a “treaty” the President can notify the NAFTA partners on his own but unraveling the domestic commitments would require congressional action. Mr. Warner advised on NAFTA trade and investment issues as Legal Director of the Ontario Ministry of Economic Development & Trade and Ministry of Research & Innovation and participated in the Canada-European Union Trade Agreement (CETA) negotiations . Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner is quoted in this Canadian Bar Association National Magazine  article on Canada’s challenge in lifting economic sanctions against Iran. (February 4, 2016) Mark is a former Legal Director of the Ontario Ministry of Economic Development & Trade and has worked on trade and competition issues as counsel in the OECD Trade Directorate. He advises on foreign corrupt practices, foreign asset controls, anti-money laundering and export controls issues, including assisting various multinational firms in developing compliance programs in these areas. Mark has also participated in an international arbitration relating to the expropriation of the assets of a U.S.-based oil company in Libya and related issues under applicable sanctions and foreign asset control rules.

Mark Warner is quoted in this Canadian Bar Association National Magazine  article on Legalizing Marijuana and Canada’s International Legal Commitments. (January 22, 2016) Mark is a former Acting Legal Director of the Ontario Ministry of Consumer Services which provided oversight to the Alcohol and Gaming Commission of Ontario (AGCO) and the Vintners Quality Alliance Ontario (VQA) and as Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations, including with respect to trade in alcoholic beverages and Monopolies and State Enterprises. Earlier in his career, Mark worked on trade and competition issues as counsel in the OECD Trade Directorate. He also worked with the legendary American public international lawyer, Keith Highet on the Spain v. Canada (Fisheries Jurisdiction) World Court case and served as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

Mark Warner is quoted in this CBC article on the delay in ratification of the Canada-European Union Trade Agreement (CETA) and the potential renegotiation of the investor-state dispute settlement provisions at the request of the EU. (January 21, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the CETA negotiations, advised on several NAFTA Chapter 11 Investor-State Arbitrations and led the Province’s legal team for the insolvency / restructuring of GM and Chrysler. Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner was recently featured in an American Bar Foundation Fellows Spotlight. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows. Selection as a Fellow of the American Bar Foundation is recognition of a lawyer whose career has demonstrated extraordinary leadership in the profession, service to society, and commitment to the ideals and objectives of the American Bar Association. Membership in The Fellows is limited to less than one percent of lawyers licensed to practice in each jurisdiction of the United States and to a small percentage of international lawyers. Past Fellows include: Justice Ginsburg, Justice Breyer, Attorney General Eric Holder, Hillary Clinton, Kenneth Feinberg and Scott Turow.

Mark Warner quoted in Reuters article on odds facing TransCanada’s NAFTA Chapter 11 investor-state claim & constitutional claims filed against the United States Government. (January 7, 2016) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised on various NAFTA Chapter 11 investor-state arbitration cases involving Ontario . Mr. Warner has advised governments on trade and investment policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.

Mark Warner is quoted in this Sputnik News article on the prospects for passage of the Trans Pacific Partnership (TPP) trade agreement in Canada following the October 19th Canadian Federal election. (October 21, 2015) Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade participated in the Canada-European Union Trade Agreement (CETA) negotiations and led the Province’s legal team for the insolvency / restructuring of GM and Chrysler. Mr. Warner has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate.