78 | LEXPERT • June 2018 | www.lexpert.ca/usguide
things might settle out. And yet there
are worries in Canada. There may also
be worries for American investors with
interests in Canada.
Certain lawyers admit that, in the
event of a worst-case scenario, the out-
look for many Canadian companies
would likely be harsh. "If NAFTA gets
torn up and is not replaced, there's go-
ing to be an impact," says Brian Graves, a
partner at Fasken Martineau DuMoulin
LLP with a focus on M&A. "Given the
amount of trade Canada has with the
US, it's an enormous proportion of our
international trade and it just cuts across
so many industries."
Melanie Shishler, a partner at Davies
Ward Phillips & Vineberg LLP who
also practises M&A, puts it this way: "In
general, any kind of uncertainty, including
As a multicultural,
bilingual nation with civil
and common-law jurisdictions,
Canada should be a natural
hub for International
Arbitration. Recent
provincial amendments
aim to make it so
By John Greenwood
LOOKING INTO
THE FUTURE OF NAFTA
Trade
The North American Free Trade Agree-
ment has been a key economic driver for
Canada and the entire North American
continent. US President Donald Trump,
however, has given the continent notice,
that he is seeking change.
Some lawyers can reach back in their
memories to when NAFTA was negotiat-
ed in the first place. Either way, Canadian
lawyers know there will be change ahead.
Canadian Foreign Affairs Minister
Chrystia Freeland, is under pressure from
many Canadian interests, from labour,
environmental and anti-poverty groups
urging her to champion climate change
policies into the negotiations to diverse
business interests.
As some consolation, many M&A
lawyers say they're too busy getting deals
done to spend time speculating on how