The USA’s trade relationship with Canada is significant ($525 Billion, 2020, US Census). However, both economies are still dependent on global trade to meet supply and demand. With normal trade relations compromised, the past 18 months has demonstrated how fragile international supply chains have become. Therefore, any disruption to sales, production and distribution will have a wide-ranging impact across multiple sectors.
In previous Chaos events focusing on EMEA, LATAM and APAC, similar concerns were expressed, although each region has unique local priorities and stakeholders that have an influence. In each of these previous discussions, what has emerged is a desire for quick re/solutions to commercial conflict. However, many of the flexible mechanisms discussed are unknown or unfamiliar and too few people have the confidence in a range of effective ADR mechanisms.
The USA and Canada understand the traditional forms of ADR to resolve cross-border commercial disputes, arbitration and mediation. However, adapted and more flexible mechanisms are also needed to meet current and future client demand. Therefore, it will be necessary for institutions to work with businesses to find new solutions to old problems.
This hybrid seminar will provide a panel of experts from the legal, ADR and business sectors to examine the commercial priorities and what mechanisms are currently available and what adaptations will be necessary for parties to reach an agreement.
- Welcome & Introductions (5 min)
Carolina Núñez | Weinstein JAMS Fellow | Associate General Counsel, BayWa r.e. Solar Projects LLC / Americas (Mexico City/New York/Irvine)
- Keynote Presentation (10 min)
Amb. (Ret.) David Huebner, C.Arb | Mediator, Arbitrator and Referee/Special Master, JAMS (San Francisco)
- Panel 1: Collaborative Solutions for Cross Border Disputes (40 min)
Moderated by Hon. Hugh L. Fraser (Ret.), FCIArb | Mediator, Arbitrator and Referee/Special Master, JAMS (Toronto)
- Verlyn Francis | Arbitrator, Mediator, Trainer at Isiko Dispute Resolution Consultants Inc. (Toronto)
- Annsley Kesten | Senior Associate, BARTLAW LLP (Toronto)
- Jerome C. Roth | Partner, Munger, Tolles & Olson LLP (San Francisco)
- Luis Sarabia | Partner, Davies Ward Phillips & Vineberg LLP (Toronto)
The global supply chain has developed a delicate balance, with manufacturers sourcing components from a vast collaborative network reliant on effective and efficient delivery mechanisms. Companies across the world have realized that while they had benefited financially from these supply networks, it also meant that they were exposed to higher risks from unexpected disruption. Quickly, discussions turned to how to find local sourcing options and what options were available through contractual dispute resolution clauses. No one imagined the state of global uncertainties would last so long.
This panel will identify some of the ‘emergency/interim’ measures that have been introduced, and as this ‘emergency’ continued, what impact these measures have had on previous relationships. The panel will also examine how stakeholders were able to identify commercial difficulties and consider what kinds of dispute resolution mechanisms should be included to anticipate disruption, delay and cancellation with a particular focus on Canada-US cross-border challenges.
- Panel 2: The Business Case for Appropriate Dispute Resolution (40 min)
Moderated by N. Damali Peterman, Esq. | Mediator, Arbitrator and Ombudsman, JAMS (New York)
- Ben Campbell | General Counsel, Deloitte (New York)
- Ashley James | Global Legal Director, Lime (DC)
- Carolina Núñez | Weinstein JAMS Fellow | Associate General Counsel, BayWa r.e. Solar Projects LLC / Americas (Mexico City/New York/Irvine)
- Noah Waisberg | Co-Founder & CEO – Zuva (Toronto)
- Vanessa Kaye Watson | Senior Vice President, Assistant General Counsel, Consumer Solutions, Mastercard (USA)
Multinational companies with operations spanning many jurisdictions continue to adjust to the evolving freedom of movement restrictions and cautious reopening of cross-border business and trade.
This panel will discuss the current and future impact of the restrictions on cross-border business, trade, and collaboration in Canada, the US, and beyond. The panel will also examine ongoing challenges companies face when considering cross-border investments in a period of heightened risk and amidst a patchwork of fast-changing restrictions and regulations. Speakers will examine how dispute management clauses might provide efficient mechanisms for resolution and risk reduction.
Featured JAMS Speakers: