Tag Archives: Investment 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 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 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 quoted in the Canadian Bar Association National Magazine about the impact on Canada of President Trump’s decision to lift the ban against U.S. citizens filing lawsuits against foreign companies that use properties seized by Cuba’s government since the 1959 revolution. (April 30, 2019) The U.S. Congress passed the Cuban Liberty and Democratic Solidarity Act in 1996 (more commonly known as the Helms-Burton law) which included a section known as Title III that authorized compensation claims against foreign companies over their use of seized assets. The law allowed the president to temporarily waive Title III, and all four presidents since then have done so, until the Trump administration decided et Title III take effect. Mark, a Canadian and U.S. attorney, 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 economic sanctions, 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. 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.