Tag Archives: Trade Disputes

Mark Warner appeared before the Canadian House of Commons’ Standing Committee on International Trade as part of its study of the Investor-State Dispute Settlement mechanisms. (March 22, 2021) Mark’s opening statement is here along with responses to questions from Committee Vice-Chair Tracy Gray, M.P., Ben Lobb, M.P., Rachel Bendayan, M.P. and Randy Hoback, M.P. and Simon-Pierre Savard-Tremblay, M.P.

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. 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.

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.

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. 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 quoted in the Financial Post about the new state lawsuit challenging President Biden’s executive order revoking the KeystoneXL pipeline permit. (March 18, 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.

Mark Warner was interviewed by the Financial Post about emerging trade and energy issues in the early days of the Biden Administration. (March 17, 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.

Mark Warner was quoted in the Financial Post about the USMCA / CUSMA and a renewed attempt by Congressman Earl Blumenauer (D-OR) to reclassify oilsands crude as crude oil to be subjected to a U.S. excise tax to fund oil spill cleanups. (March 11, 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.

Mark Warner participated in a CIBC Capital Markets Global Investment Banking panel discussion about the likely evolution of international trade after the COVID19 pandemic. (February 17, 2021) Mr. Warner is a Canadian / U.S. lawyer who has practiced trade, investment and competition law in leading law firms in Toronto, New York, Washington, D.C and Brussels and as counsel in the OECD Trade Directorate in Paris. 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 Ministry of Research & Innovation. He led Ontario’s legal team for trade negotiations (including the Canada-EU Trade Agreement (CETA) 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. Mark also led the Ontario’s legal team for the insolvency / restructuring of General Motors and Chrysler.

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. Mark advised Ontario on IP, patent litigation and drug reimbursement issues in the negotiations of the CETA negotiations and on economic development, research and innovation grants and loans to leading global pharmaceutical companies for research, manufacture and clinical trial projects.

Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund, the $205 million Ontario Venture Capital Fund and establishing the Ontario Capital Growth Corporation. Mark has been a Visiting Lecturer on the GATS and Financial Services at the World Trade Institute in Berne and before attending law school was a Summer Intern in the Economic Research and Securities Lending Departments, Wood Gundy, Inc.

Mark Warner was quoted in the Financial Post about the timing of a possible investor-state challenge by TC Energy  and / or Alberta to the decision by U.S. President Biden to cancel the Keystone XL oil pipeline project amid other threatened U.S. lawsuits. (February 10, 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.

Mark Warner was interviewed by CTV News about the impact on Canada of European threats to restrict the export of COVID19 vaccines and the prospect of Novavax vaccines being produced in Canada. (February 2, 2021) Novavax‘s vaccine supply chain includes facilities in the Czech Republic, Spain, the UK, Sweden and Denmark. 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.

Mr. Warner 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, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark Warner Interviewed on CTV News [From 24:22]

Mark Warner was interviewed by BNNBloomberg about the impact on Canada of European threats to restrict the export of COVID19 vaccines and the prospect of Novavax vaccines being produced in Canada. (February 2, 2021) Novavax‘s vaccine supply chain includes facilities in the Czech Republic, Spain, the UK, Sweden and Denmark. 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.

Mr. Warner 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, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.

In addition, Mr. Warner, led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.

Mark Warner participated in a CIBC Capital Markets Global Markets panel discussion about the legal and political implications of President Biden’s decision to cancel the Keystone XL Project and possible next steps. (January 27, 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. Mark 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 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 arbitration disputes (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement) and on the Canada-U.S. Agreement on Government Procurement. In addition, Mr. Warner, 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.

Mark Warner was interviewed on Global News Radio 640 Toronto about President Biden’s “Buy American” Executive Order and implications for Canada and briefly about the EU musings about restrictions on the export of COVID19 vaccines. (January 26, 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. Mr. Warner previously worked on trade and competition issues as counsel in the OECD Trade Directorate and represented the OECD Trade Directorate at meetings of the WTO Working Group on Trade and Competition and the Working Group on Trade and Investment. 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. 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.

Mr. Warner 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, advised a U.S.-based pharmaceutical company and its French and South African subsidiaries in a cartel investigation involving 11 leading global Pharmaceutical companies in South Africa and advised a U.S.-based pharmaceutical company on competition law issues relating to the distribution of various nuclear medicine imaging agents in Canada. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and advised Ontario on the negotiations of the Canada-EU Trade Agreement (CETA) including on IP, patent litigation and drug reimbursement issues and on economic development, research and innovation grants and loans to corporations, including leading global pharmaceutical companies for research, manufacture and clinical trial projects. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner also led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies Fund with an emphasis on life-sciences companies, drafted funding agreements, including for the Ontario Research Fund and Ontario Brain Institute, and advised on legal and corporate governance issues in the formation of Clinical Trials Ontario.