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On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the North American Free Trade Agreement (NAFTA). The new agreement is called the United States-Mexico-Canada Agreement (USMCA). As has been widely reported, the Parties conducted many months of negotiations to reach this agreement. It is important to note that the USMCA still has to be ratified by all the Parties. Until this ratification has taken place, the current…

Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service of process abroad, through postal channels, is permissible under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (“Hague Service Convention”). That changed when the U.S. Supreme Court handed down its ruling in Water Splash, Inc. v. Menon, 581 U.S. ____ (2017) (“Water Splash”). In an 8-0 unanimous decision, the…

The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European trade is likely to be significant in the wake of Brexit and the uncertain future of American trade policy. The Investment Court System (‘ICS’) of CETA has been hotly debated, and in 2016 threatened to derail the entire agreement when the local Parliament of Wallonia, Belgium initially vetoed the agreement. The…

In its last week’s decision[1], the German Federal Constitutional Court gave green light for the Comprehensive Economic and Trade Agreement (‘CETA’)[2] between the European Union (‘EU’) and Canada. CETA is one of the three free trade agreements hotly debated in politics and industry (the other two being ‘TTIP'[3] and ‘TPP'[4]). On 18 October 2016 the Council of the EU plans to adopt a package of decisions on CETA[5], explicitly decisions which fall under the exclusive…