Tag Archives: CUSMA

Mark Warner was featured in a Canadian Press article about Canada joining Mexico in dispute with U.S. over how much of a car or truck must be made in North America to qualify for duty-free treatment under the United States Canada Mexico Trade Agreement. (January 13, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate and participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.  

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state arbitration and on procurement issues in the Canada-U.S. Agreement on Government Procurement. Mr. Warner led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and various grant and loan agreements to leading automotive and automotive parts companies, including to electric car battery manufacturer, Electrovaya and and a Better Place demonstration centre and electric vehicle charging station network. Mr. Warner also advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was featured in a Financial Post article about whether Canada is likely to face more trade battles after losing the U.S. challenge to its dairy tariff rate quotas (TRQs) in the United States Mexico Canada Agreement (USMCA) following a dispute settlement panel decision in favour of the U.S. with regard to the its challenge to how Canada allocates its dairy tariff-rate quotas. (January 13, 2022) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. At the OECD, Mark participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and related WTO dispute settlement proceedings, and softwood lumber) and on various NAFTA Chapter 11 investor-state arbitration. Mr. Warner also led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was featured in a China Trade Monitor (Subscription) article about Canada’s decision to  begin exploratory discussions on a possible foreign investment promotion and protection arrangement between Canada and Taiwan and the China and Taiwan applications to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the implications for Canada. (January 12, 2021) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and 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 was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and softwood lumber) and various NAFTA Chapter 11 investor-state arbitration matters. As MEDT Legal Director, Mark advised on economic development, research and innovation grants and loans to corporations, including Huawei. Mark has been an adviser to the Governments of Cambodia, Indonesia, Thailand and Vietnam on competition and trade policy and at the invitation of the U.S. Department of State lectured in five cities in Japan on international antitrust law and policy. As Assistant Director of the University of Baltimore’s Centre for International and Comparative Law, Mark hired a Chinese scholar to begin a research program on reforming anti-monopoly law in China, one of the first such efforts at the time. He is frequently interviewed in print, radio and television on the Trans-Pacific Partnership Trade Agreement. 

Mark Warner was featured in a Canadian Press article about Canada’s decision to  begin exploratory discussions on a possible foreign investment promotion and protection arrangement between Canada and Taiwan and the China and Taiwan applications to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the implications for Canada. (January 10, 2021) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and 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 was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and softwood lumber) and various NAFTA Chapter 11 investor-state arbitration matters. As MEDT Legal Director, Mark advised on economic development, research and innovation grants and loans to corporations, including Huawei. Mark has been an adviser to the Governments of Cambodia, Indonesia, Thailand and Vietnam on competition and trade policy and at the invitation of the U.S. Department of State lectured in five cities in Japan on international antitrust law and policy. As Assistant Director of the University of Baltimore’s Centre for International and Comparative Law, Mark hired a Chinese scholar to begin a research program on reforming anti-monopoly law in China, one of the first such efforts at the time. He is frequently interviewed in print, radio and television on the Trans-Pacific Partnership Trade Agreement. 

Mark Warner was interviewed on CTV Your Morning [at 48:20] about the United States Mexico Canada Agreement (USMCA) dispute settlement panel decision in favour of the U.S. with regard to the its challenge to how Canada allocates its dairy tariff-rate quotas. (January 5, 2022) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. At the OECD, Mark participated in the negotiations of the proposed Multilateral Agreement on Investment and represented the OECD at meetings of the WTO Working Groups on Trade and Competition Policies and Trade and Investment Policies.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement and the Canada-U.S. Agreement on Government Procurement), advised on trade disputes (including the Green Energy Act and related WTO dispute settlement proceedings, and softwood lumber) and on various NAFTA Chapter 11 investor-state arbitration. Mr. Warner also led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was featured in La Presse about the efforts of the UK hedge fund, TCI Fund Management, the largest shareholder of Canadian Pacific Railway Ltd. and a significant shareholder in Canadian National Railway Co. to replace the CN CEO following the decision of the U.S. Surface Transportation Board not to approve the CN voting trust for its bid for Kansas City Southern. (December 23, 2021) Mark is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C, New York and Brussels and has advised governments on competition law and policy. As counsel at the OECD Trade Directorate in Paris, Mark advised on on other trade and competition issues and represented the OECD at meetings of the WTO Working Group on Trade and Competition and Working Group on Trade and Investment. Mark has advised clients on a wide-range of antitrust / competition matters in the transport sector, including aviation and railway mergers.

Mark is a past Chair of the International and Economics Committees of the American Bar Association Section of Antitrust Law as well as a member of the Section’s Task Forces on Competition Policy and NAFTA and Antitrust in the Global Economy. He has been listed in the Euromoney / International Financial Law Review Guide to the World’s Leading Competition lawyers. In 2015, Mark was elected a Fellow of the American Bar Foundation. Mark is also a former Acting Legal Director of the Ontario Ministry of Consumer Services and was responsible for prosecutions under the Consumer Protection Act (Ontario).

Mark provides international trade and investment law advice to natural resources clients on trade agreements, trade remedies, sanctions, export and import controls, anti-corruption, corporate social responsibility and compliance issues as a colleague at Pilot Law which provides comprehensive legal services for developing resource businesses in the mining, energy and renewables sectors.

Mark Warner was participated in the CBC News Year End Weekend Business Panel discussion reflecting on the biggest business story of the past year, the pharmaceutical CEOs on Santa’s nice list, the impact of Covid19 on inflation and supply chains in the new year and the proposed North American railway merger to track in the new year. (December 18, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels and has advised governments on trade policy and trade negotiations. As counsel at the OECD Trade Directorate in Paris, Mark advised on on other trade and competition issues and represented the OECD at meetings of the WTO Working Group on Trade and Competition and Working Group on Trade and Investment. Mark has advised clients on a wide-range of antitrust / competition matters in the transport sector, including aviation and railway mergers.

Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state arbitration and on procurement issues in the Canada-U.S. Agreement on Government Procurement. Mr. Warner led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession, and advised on economic development, research and innovation grants and loans to corporations.

Mark has assisted pharmaceutical clients in the global distribution of HIV / AIDS anti-retroviral drugs and the development of innovative patient access programs in the developing world. In the negotiations of the CETA Mark advised Ontario including on IP, patent litigation and drug reimbursement issues as well as Cross Border Trade in Services; Temporary Entry and Stay of Natural Persons for Business Purposes; Mutual Recognition of Professional Qualifications; and Regulatory Cooperation.

Mark Warner was interviewed for the Financial Post Outlook 2022 about trade issues that Canada is likely to confront in the new year. (December 16, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state arbitration and on procurement issues in the Canada-U.S. Agreement on Government Procurement. Mr. Warner led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and various grant and loan agreements to leading automotive and automotive parts companies, including to electric car battery manufacturer, Electrovaya and and a Better Place demonstration centre and electric vehicle charging station network. Mr. Warner also advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

As Legal Director of the Ontario Ministry of Economic Development & Trade, Mark advised on a strategic jobs investment fund grant of $6.5 million from the provincial government to Huawei Canada in exchange for creating 164 new jobs and investing $67 million in Kanata, Ontario. Mark has been an adviser to the Governments of Cambodia, Indonesia, Thailand and Vietnam on competition and trade policy and at the invitation of the U.S. Department of State lectured in five cities in Japan on international antitrust law and policy. As Assistant Director of the University of Baltimore’s Centre for International and Comparative Law, Mark hired a Chinese scholar to begin a research program on reforming anti-monopoly law in China, one of the first such efforts at the time. He is frequently interviewed in print, radio and television on the Trans-Pacific Partnership Trade Agreement. 

Mark Warner was featured in a Hill Times article about supply chains, trade remedies and possible Canadian retaliation if the proposed U.S. tax credit for the purchase of electric vehicles and batteries goes ahead. (November 24, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and has advised governments on trade policy and trade negotiations and previously worked on trade and competition issues as counsel in the OECD Trade Directorate. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state arbitration and on procurement issues in the Canada-U.S. Agreement on Government Procurement. Mr. Warner led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler, and various grant and loan agreements to leading automotive and automotive parts companies, including to electric car battery manufacturer, Electrovaya and and a Better Place demonstration centre and electric vehicle charging station network. Mr. Warner also advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark Warner was featured in a CBC News article about TC Energy’s formal request for arbitration under the legacy NAFTA Chapter 11 investor-state dispute arbitration system, seeking $15 billion in compensation from the U.S. government for the money it spent on trying to develop the cancelled Keystone XL pipeline. (November 23, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC and New York and 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 was Legal Director of the Ontario Ministry of Economic Development & Trade and led Ontario’s legal team in the CETA negotiations, provided advice on the design of the Green Energy Act and related WTO dispute settlement proceedings, advised on various NAFTA Chapter 11 investor-state dispute arbitrations (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement), and on the Canada-U.S. Agreement on Government Procurement. In addition, Mark, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession. He is co-author of a leading Canadian trade law treatise, has also published numerous articles and has been invited to speak at conferences around the world.

Mark provides international trade and investment law advice to natural resources clients on trade agreements, trade remedies, sanctions, export and import controls, anti-corruption, corporate social responsibility and compliance issues as a colleague at Pilot Law which provides comprehensive legal services for developing resource businesses in the mining, energy and renewables sectors.

Mark’s experience includes negotiating and drafting Government of Ontario grant and loan agreements and equity investments for clean energy (solar and wind) projects. Mark has provided competition law advice to a major oil company concerning oil refining and retail distribution in North America and advised on the first ever post-accession European Commission notification of a merger involving two of Central Europe’s largest refiners of crude oil. Earlier in his career, Mark 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.