In today’s global economy, companies face increased risk when operating abroad. With offices across Canada and in New York, clients turn to Osler’s Trade Group for guidance on strategic planning, critical compliance issues and dispute resolution. Our cross-disciplinary practice is skilled at managing all international trade matters including customs compliance and audits, economic sanctions and export controls, anti-dumping and safeguards, and the litigation and arbitration of trade disputes.
From providing compliance and risk mitigation strategies to understanding the international arbitration landscape, our team ensures your organization is operating abroad at the highest level and is positioned for success. Osler’s cross-disciplinary Trade Group works collaboratively with members of our Risk Management and Crisis Response, Cross-Border Tax Planning, Financial Services Regulatory, Foreign Investment/Investment Canada and Domestic and International Arbitration teams to provide customized support that is responsive to client needs. If you are operating abroad, we can serve as your trusted advisors in all your cross-border dealings and assist with the many challenges your business may encounter on the global stage.
Trade and Customs Compliance
Canadian and non-resident organizations must take steps to ensure compliance with ever-changing trade-law obligations and navigate these obligations in order to maximize opportunities. Osler has experience advising on a wide range of trade and investment regulations. Our range of expertise includes:
- Customs and Transfer Pricing
- Government Procurement
- Economic Sanctions
- Export/Import Controls
- Anti-Dumping and Countervailing Duties
Osler’s trade compliance practice works closely with other specialty compliance groups to ensure clients receive holistic advice recognizing various commercial needs.
- Risk Management and Compliance: Our Trade Group works closely with the firm’s Risk Management and Crisis Response Group to provide advice on cross-border issues including anti-corruption, money laundering and terrorist financing, sanctions compliance and responsible business conduct. Our team provides proactive advice to implement proper policies and procedures to mitigate risk while operating abroad and conducts internal and regulatory investigation to address issues and respond in a crisis.
- Foreign Investment Law: Our Trade Group works closely with the firm’s Competition/Antitrust and Foreign Investment Group across a variety of matters for clients globally including foreign investment and Investment Canada Act compliance, national security reviews, investment treaty arbitrations and tax law (particularly corporate structures that achieve client savings and mitigate risks of investing in emerging markets).
International Trade Litigation and Investment Arbitration
Osler has extensive experience in all stages of trade and foreign investment disputes. Our thorough knowledge of arbitration processes and our particular subject-matter expertise positions our team to defend our client’s interests in a variety of different types of proceedings. Sonia Bjorkquist, the Chair of the firm’s National Litigation Department, has been selected by the Government of Canada as a delegate to the CUSMA Advisory Committee on Private Commercial Disputes, and served on the predecessor NAFTA 2022 Advisory Committee.
- Osler’s International Trade and Investment Law team has experience in a variety of different trade, customs, and foreign investment disputes, as well as matters relating to international trade regulations. We have acted on anti-dumping, procurement, and other challenges before the Canadian International Trade Tribunal (CITT), as well as in investment arbitrations under Canada’s bilateral investment promotion and protection treaties.
- Osler’s investment arbitration practice forms part of its broader domestic and international arbitration practice, one of the most sophisticated and diverse in Canada. We have experience with a wide range of significant international institutional arbitration rules, where the seat of arbitration is in various locations in Canada, as well as in international cities including London, Tokyo, New York, Geneva, Rome, Warsaw, and Hong Kong. Members of Osler’s arbitration team have appeared before the WTO, ICSID, and the London Court of International Arbitration.
- Our subject matter expertise positions us to advocate for our clients with trade issues in specific sectors. Our cross-disciplinary experts in agribusiness, mining, oil & gas bring specialized understanding of specific markets to trade issues and trade disputes.
In an increasingly complex and collaborative regulatory environment it is important to be aware of the most effective ways to manage the obligations of your business globally. If you have questions, reach out to a member of our Trade Group.