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Commercial Contracts and Supply Chain

Insights

Lessons from the Suez Canal and Other Supply Chain Disruptions
April 8, 2021

Global pandemic, blocked international trade routes, natural disasters, trade sanctions. Some of the most challenging issues for Canadian importers, distributors, sellers of goods, and manufacturers are the risks associated with the flow of goods. Despite the challenges, there are opportunities to better position for recovery and improve business practices. We have outlined five key points to keep in mind.

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As Global Pandemic Spreads, Economic Sanctions and Humanitarian Exemptions Coming into Focus for the Business and NGO Communities
August 24, 2020

COVID-19 pandemic is increasingly forcing exporters, financial institutions, non-governmental and civil society organizations (“NGOs”) and others to deal with prohibitions or restrictions imposed under economic sanctions as they apply to goods, services and technology provided in connection with COVID-19-related sales abroad as well as other humanitarian relief efforts.

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Supply Chain Challenges – The Whole Picture
June 15, 2020

Supply chains globally have been significantly impacted, with very serious consequences, because of COVID-19. Even as the economy starts to reopen, supply chain issues continue to be top of mind for leaders across many industries as companies navigate new and evolving business norms.

We asked seven questions to seven leading lawyers at McCarthy Tétrault with expertise on the various areas of supply chain.

Here’s what they had to say

COVID-19:  Impacts on Canadian Customs and Trade Program
June 15, 2020

As Canadian importers and exporters have sought to navigate the trade flow disruptions caused by COVID-19, both industry and government have sought to develop policies and programs that facilitate urgent supply chain management.

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Remission Order provides relief of customs duties for eligible PPE goods
May 7, 2020

On May 6, 2020, the CBSA issued Customs Notice 20-19 on the Certain Goods Remission Order (COVID-19), which provides for the relief of customs duties for eligible COVID-related goods that are imported on or after May 5, 2020. Relief under the Order can be claimed at the time of importation, or within two years of the date of importation.

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Health Canada Responds to COVID-19: Here’s What You Need to Know About its Expedited Approval Processes
April 15, 2020

In light of Canada’s exceptional and urgent need for critical personal protective equipment and sanitizer products, Health Canada has significantly streamlined the regulatory requirements associated with the manufacture and import of certain natural health products and medical devices. The blog post addresses the fast-tracking approval procedures for hand sanitizers and other natural health products, as well as personal protective equipment, such as mask, respirators, and face shields.

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COVID-19 and Electronic Contracting
March 25, 2020

For years, organizations have moved their businesses digital. To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures.

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COVID-19 Guidance for Importers and Exporters
March 24, 2020

Leading lawyers from our International Trade and Investment Law Group provide guidance for importers and exporters so that the global movement of goods is not hampered or unnecessarily delayed.

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The Impact of COVID-19 on Contractual Obligations: Force Majeure and Frustration
March 22, 2020

Leading lawyers including Eric S. BlockKristian BrabanderMiranda LamMeghan Bridges and Kara Smyth discuss Force Majeure clauses and contractual obligations, as organizations deal with the continuing impact of COVID-19

Read the full blog post

 

Read more from our International Trade and Investment Group on their blog, Terms of Trade.

 

Podcasts

 

On Episode 7: Force Majeure Across Canada, Adam Goldenberg speaks with Gabriel Querry and Miranda Lam about how force majeure will operate under the Civil Code of Québec and across provincial boundaries as businesses and consumers manage the impact of COVID-19.

This program qualifies for up to 0.75 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario. 

Barreau du Québec Continuing Education: This program contains 0.75 hours of content. Upon completion of this podcast, contact us to request your certificate of attendance.

 

On Episode 6: Supply Chains, Face Masks and Store Shelves, Adam Goldenberg speaks with Martha Harrison about how international trade law shapes the ways in which hospitals, supermarkets, and manufacturers respond to COVID-19, and how governments and businesses can address regulatory roadblocks to ensure that global supply chains keep moving.

This program qualifies for up to 0.75 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario. 

Barreau du Québec Continuing Education: This program contains 0.75 hours of content. Upon completion of this podcast, contact us to request your certificate of attendance.

 

On Episode 2: Acts of GodAdam Goldenberg speaks to Brandon Kain and Meghan S. Bridges about the risks and benefits of using force majeure or "act of God" clauses in commercial agreements. What happens when COVID-19 makes it impractical or impossible for businesses to fulfill their contractual obligations? How will contract law shape COVID-19's impact on the supply chain as the economy slows down? 

This program qualifies for up to 0.3 hours of CPD credit under the mandatory education regimes in British Columbia and Ontario.

 

 

Client Solutions

 

Distressed Transactions

Timing is crucial in a distressed business scenario. As the economic fallout from the COVID-19 pandemic progresses, we will help you quickly and successfully navigate the challenges and opportunities arising from distressed transactions.

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Assessing Contract Terms, Including Force Majeure, Using AI

Businesses worldwide and across all industries are looking to revisit existing contracts, particularly force majeure and other contract provisions (including termination, indemnification, insurance provisions and more) to identify areas for relief. By engaging our MT>3 division, we will help you find innovative solutions to protect your business, including leveraging technology to undertake review of your contracts significantly faster than traditional, low-tech, corporate-based review and have greater accuracy, flexibility and efficiency.

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Supply Chain Stabilization Solutions

Stabilizing your supply chains quickly is critical in sustaining business operations now and going forward. McCarthy Tétrault is here to help with a holistic assessment and stabilization plan for your supply chain providing insights based on our industry and cross-sectoral experience.

Learn more about this client solution