


McMillan LLP’s CUSMA Dispute Settlement Scoreboard
McMillan LLP’s CUSMA Dispute Settlement Scoreboard
Introduction
The Canada-United States-Mexico Agreement (“CUSMA”) [1] entered into force on July 1, 2020, replacing the two and a half decade-old North American Free Trade Agreement (“NAFTA”).
Despite remaining one of the largest and deepest trade relationships in the world, [2] various prominent trade disputes have arisen between Canada, Mexico and the United States under the CUSMA.
We are pleased to introduce the “McMillan LLP CUSMA Dispute Settlement Scoreboard”, which provides overview and analysis of ongoing and concluded CUSMA disputes. The Scoreboard keeps a running tally of who has scored “points” in dispute settlement under CUSMA.
The Scoreboard provides the views of McMillan LLP International Trade Group. Points are granted based on which side ultimately prevailed in the dispute (ie, the country whose position the decision-maker ultimately favoured), in conjunction with the decision’s broader impact. [3]
The views expressed through this Scoreboard are those of the authors, and do not necessarily represent those of the firm more broadly, nor does this constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
Background on the relevant dispute settlement mechanisms contained in the CUSMA [4] can be found in the pages following the Scoreboard.
The Score
As of February 18, 2022, ten disputes have been initiated under CUSMA and two have been decided by panels.[5] The score stands at United States: 1, Canada: 1, with Mexico remaining for now on the sidelines, albeit with cases of its own before panels. See our Scoreboard below for more information and analysis on each dispute. McMillan LLP will update this resource as information on CUSMA disputes becomes available.




[1] Known in the United States as the United States–Mexico-Canada Agreement (“USMCA”)
[2] The value of international trade between Canada, Mexico and the United States was over USD $ 1.1 trillion in merchandise in 2019
[3 ] For example, if a country launches a dispute against another with 10 unique claims, and that country is successful in only one of those 10, it is entirely possible that the Scoreboard would accord the point to the defending party (especially if the only claim on which the complaining party was successful was minor or of less important).
[4] These are Chapter 10, Trade Remedies Binational Panel Review; Chapter 14, Investor-State Dispute Settlement as between Mexico and the United States; and Chapter 31, General Dispute Settlement.
[5] This does not include disputes that continue under NAFTA, which we have excluded from the Scoreboard.
by William Pellerin and Philip Kariam
A Cautionary Note
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2022
Insights (5 Posts)
Certified Today, Dismissed Tomorrow: Ontario Court Dismisses Automotive Class Action after Successful Certification
An Ontario court has dismissed a proposed class action against an automobile manufacturer on the merits for alleged false claims after certification.
Forecast 2022: Expected Changes to the Canadian Patent Rules (Part 2)
Canadian patent practices related to "excess claim fees" and RCEs come into force on October 3, 2022. Is your business ready?
Round One of Competition Act Amendments Passed; National Security Review Regime Amended
New amendments to the Competition Act were passed today as part of the budget implementation bill.
Privacy Reform is on the Table Once More: Canada Introduces the Digital Charter Implementation Act, 2022
New federal privacy legislation has been introduced. If passed, Bill C-27 will materially change the legal landscape for privacy and data protection in Canada.
Plan for the Ban: Canada Announces Timeline for Single-Use Plastics Prohibition
Canada's final Single-use Plastics Prohibition Regulations have been published and come into effect on December 20, 2022
Get updates delivered right to your inbox. You can unsubscribe at any time.