Tag Archives: NAFTA

Mark Warner was featured in a Financial Post article about the proposed U.S. tax credit for electric vehicles and batteries “Made in America” with “union labor”, possible supply chain effects and Canadian trade responses. (November 19, 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 interviewed on CTV National News about possible trade issues for discussion in the November 18th trilateral meeting with U.S. President Biden, Canada’s Prime Minister Trudeau and Mexican President Andrés López Obrador in Washington, D.C. (November 10, 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 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 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 interviewed on Global News Radio AM640 in Toronto about the “Made in America” and “union labour” conditions in the proposed tax rebate on electric cars currently before the U.S. Congress, the impact on Canada and possible Canadian responses. (November 1, 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.

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Mark Warner participated in a panel on cross-border commerce, COVID-19, and strengthening regional economies at the International Legislators’ Forum sponsored by the Consensus Council. (October 26, 2021) Mark is a Canadian and U.S. lawyer who has practiced trade, investment and competition law in leading law firms 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 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 has also served as Legal Director of the Ontario Ministries of Economic Development & Trade, Research & Innovation and Consumer Services. 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 disputes (including the Ambassador Bridge, Adam’s Mine and St. Mary’s Cement claims).  Mark also 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 and advised the Auto Parts Manufacturing Association on NAFTA renegotiation issues.

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 featured in a Globe and Mail article about the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting two-pillar solution to address the tax challenges arising from the digitalisation of the economy, including a global deal reached on a 15% minimum corporate tax rate. (October 8, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, D.C., New York and Brussels has advised governments on trade policy and trade negotiations. As counsel at the OECD Trade Directorate, Mr. Warner advised on harmful tax competition issues and worked on other trade and competition issues. As Legal Director for the Ontario Ministry of Research & Innovation, Mr. Warner 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. As Legal Director of the Ontario Ministry of Economic Development & Trade provided strategic legal advice with respect to the Ontario’s economic development, research and innovation grants and loans to corporations and led Ontario’s legal team for trade negotiations and trade and investment disputes. 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 chaired an Insight Research Canadian Sharing Economy Symposium in Toronto in 2015. As a former Acting Legal Director for the Ontario Ministry of Consumer Services, Mark was responsible for prosecutions under the provincial consumer protection laws and regulations. Mark’s experience with online technologies and e-commerce includes: participating in OECD-wide policy work on laws and regulations affecting e-commerce, acting as Chair, ICC Competition Commission Working Party on E-Commerce and Competition Policy, serving as an original ICANN domain name dispute resolution arbitrator for eResolution and WIPO and as Rapporteur of the Hague Conference on Private International Law Commission on Jurisdiction for Torts in Electronic Commerce.

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 quoted in the Globe and Mail about the applications of China and Taiwan to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the implications for Canada. (September 23, 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 & Tradeand 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 quoted in the Financial Post about Michigan’s decision to break off mediation with Enbridge as brinkmanship over the Line 5 oil pipeline increases. (September 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. 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 on BNNBloomberg about the decision of the U.S. Surface Transportation Board not to approve the Canadian National Railway Co. voting trust for its bid for Kansas City Southern and what that might mean for Canadian Pacific Railway Ltd.’s bid or any bid given President Biden’s Executive Order on Promoting Competition in the American Economy. (August 31, 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 interviewed on Global News Radio 630 CHED in Edmonton about whether trade issues will arise in the Canadian Federal Election. (August 23, 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 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 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 on 630 CHED Mornings

Mark Warner was quoted in the Canadian Bar Association National Magazine about the timing and likelihood of the European Union’s carbon border adjustment mechanism proposal being implemented and similar Congressional efforts in the U.S. and what that means for Canada and possible trade challenges. (July 26, 2021) Mr. Warner is a Canadian and U.S. lawyer who has practiced in Toronto, Washington, DC, New York and Brussels and has advised governments on trade policy and trade negotiations. Mr. Warner was Legal Director of the Ontario Ministry of Economic Development & Trade and negotiated and drafted to leading global companies for jobs, investment, research and manufacturing projects in Ontario, including for: clean energy (solar and wind) manufacturing and hybrid and clean vehicle technologies. As Legal Director of the Ontario Ministry of Research and Innovation, Mr. Warner led Ontario’s legal team in creating the $250 million Ontario Emerging Technologies (focused in part on clean energy technologies) Fund, the $205 million Ontario Venture Capital Fund and establishing the Ontario Capital Growth Corporation.

As Legal Director of the Ontario, Mr. Warner also provided advice to the Government of Ontario on the design of the Green Energy Act and related WTO dispute settlement proceedings, participated in the Canada-European Union Trade Agreement (CETA) negotiations, and advised on various NAFTA Chapter 11 investor-state arbitration matters involving Ontario. 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 Competition Policy and the Working Group on Trade and Investment.

Mark also led the Province’s legal team for the insolvency / restructuring of General Motors and Chrysler in the difficult context of the 2008-2009 Recession.