Our International Group

The varied and wide-ranging expertise and experience of our firm are reflected in the diversity of the clients we represent and the matters we have participated in.  In many practice areas we combine the talents of  litigation and regulatory lawyers to maintain an industry focus that is closely aligned to our clients.  With over 700 professionals and a capable support staff, we can provide services in many languages and are familiar with the customs and laws of many countries.  Members of our firm have acted as counsel for transactions in regions such as:

South East Asia and the Far East

• (e.g. PRC, Hong Kong, Japan, Taiwan, Malaysia, India, Indonesia and the Philippines)

Europe

• (e.g. United Kingdom, Austria, France, Switzerland, Spain, Poland, Luxembourg, Germany, Scandinavian countries, Russia, Ukraine, Romania and Turkey)

The Middle East

• (e.g. Saudi Arabia, Iran, Israel, Egypt and Morocco)

Latin America and the Caribbean

• (e.g. Chile, Argentina, Venezuela, Colombia, Mexico, Barbados and Brazil)
   

Our Services

Borden Ladner Gervais LLP advises on all aspects of international commercial activities.  From planning and feasibility studies to long-term financing, we help clients bring their projects to successful completion.  We have experience representing and transacting with state-owned companies, multinationals, developers and other project participants in financing and implementing infrastructure and other development ventures.

With experienced project finance and international commercial lawyers and lawyers in other practice areas including regulatory, insolvency, restructuring, environmental, energy, tax, trade, anti-trust, construction, real estate and litigation, we provide our clients with creative, efficient and realistic advice on achieving their objectives.  Our approach to client matters is "hands-on", our advice and solutions are practical and cost-effective, and our fees are competitive.

In order to provide an extended range of specialized services across Canada and internationally, we have offices in Vancouver, Calgary, Toronto, Ottawa and Montréal.  We also have well-established links in the business and legal communities in many other countries, including chartered banks, trust companies and other financial institutions, transportation companies, law firms, accounting firms, manufacturers, natural resource and high-technology companies.

Our International Group consists of lawyers with extensive experience representing and advising clients in a wide range of international matters in areas such as:

• Joint Ventures, including turnkey and build, operate and transfer projects and responses to requests for proposals
• International Trade
• Transfers of Technology and Intellectual Property
•  Project Development, Financing and Leasing
• Environment
• Mergers and Acquisitions
• Dispute Resolution
• Government Relations
• Legislative Reform, Consulting and Drafting
• Global Risk and Estate Planning

Joint Ventures

• Our joint venture experience extends from designing and negotiating domestic and foreign business combinations to advising on anti-trust, tax and other legal implications of joint ventures in a diversity of industries ranging from manufacturing and construction to telecommunication and transportation.

International Trade

• We advise clients on the full range of public and private international trade law issues, from routine import and export matters and questions arising under anti-competition, anti-bribery legislation to sophisticated work involving the negotiations of international trade agreements and government dispute settlement.  We represent both governmental and private parties to disputes in areas such as customs issues; trade remedy matters (anti-dumping and countervailing duties) as well as highly specialized dispute settlement mechanisms under NAFTA, the WTO and other international trade agreements.  We also advise on clearance issues relating to the international aspects of proposed cross-border business transactions and anti-trust investigation issues.

Transfers of Technology and Intellectual Property

• We advise both technology suppliers and users on international technology transactions.  We also assist clients on international registration and transfer of technology involving several jurisdictions and tax issues.

Project Development, Financing and Leasing

• We represent developers, investors, investment bankers, lenders, financial advisors, multilateral institutions, contractors and governmental agencies in the financing, construction and operation of a wide range of capital-intensive projects.  These include power facilities, industrial plants, pipelines, telecommunication facilities, transportation systems and equipment, and infrastructure projects.  Our involvement includes assisting clients in raising capital in both the private and public marketplaces, negotiating loan and other financing agreements and participating in the preparation of offering memoranda and public financing documents.
• We have been involved in the preparation of responses to requests for project proposals and have acted as counsel to participants in build, operate and transfer (BOT) projects.  In this process we have co-ordinated various participants in the private and public sectors including governmental agencies, land owners, developers, contractors, lenders and technical consultants.

Environment

• We advise financial institutions on international environmental issues associated with loan security and assist clients in complying with environmental and occupational health and safety legislation.  We also advise on related international energy and environmental issues for such diverse projects as construction of hydroelectric dams, acquisitions, dispositions and development of commercial and industrial properties, and the construction and operation of waste treatment and recycling facilities.

Mergers and Acquisitions

• We structure, negotiate, implement and manage complex business and corporate re-organizations, restructurings, insolvencies, combinations, organizations and mergers.  We also represent participants in both friendly and hostile multi-jurisdictional public take-over bids, proxy fights and other transactions involving changes in corporate control.  As part of these activities, we obtain regulatory approvals, design international taxation strategies and deal with multi-jurisdictional legal issues which arise in international mergers and acquisitions.

Dispute Resolution

• Our lawyers both represent clients before, and act as members of, international arbitration and mediation panels in a broad spectrum of litigation and alternative dispute resolution issues such as toxic torts, product liability and commercial, banking, environmental, international trade and investment, energy and securities' matters.
• We have appeared before, or acted as arbitrators in such diverse tribunals as the U.S.-Iran Arbitration Tribunal sitting at The Hague, arbitral panels established under NAFTA Chapters Eleven and Nineteen, and the Canadian International Trade Tribunal and China International Economic and Trade Commission.
• We have extensive experience with many international arbitration proceedings and institutions, both as counsel and as arbitrators and have participated in international mediations.

Government Relations

• Frequently we are required to interface with legislators, governmental ministries, agencies and departments, whether in the legislative policy and drafting process or to obtain regulatory or governmental approvals required for various international transactions.

Legislative Reform, Consulting and Drafting

• Members of our firm have acted as policy and legislative advisors to a number of international institutions and governmental agencies in the development, drafting and passage of legislation.  Examples include assisting foreign governments in domestic implementations of their international trade obligations, and advisory participation in the recent Review of the Hong Kong Companies Ordinance.

Global Risk and Estate Planning

• We advise high net worth individuals and families and financial institutions and their high net-worth clients on global risk and estate planning matters.  We design and implement structures for wealth management, estate planning, asset protection, succession planning and tax minimization.

Our Experience

Our experience and expertise are enhanced by the scope and diversity of the sectors and industries in which we act, such as:

• Telecommunications
• Transportation
• Construction and Infrastructure Projects
• Energy and Natural Resources
• Financial Services

Telecommunications

• Borden Ladner Gervais LLP has been active in emerging markets relating to telecommunication financing, concession arrangements, restructuring and privatization.  We have acted as counsel in transactions involving cellular telephone networks, fixed-line telephone networks, satellite, cable television and other related areas.
• Recent matters include acting as counsel to a multi-national joint venture to procure, launch and operate commercial satellites; acting as counsel to a major Canadian telecommunication company in connection with telecom bids in Latin America, including the negotiation and preparation of joint venture and shareholder agreements; and acting on behalf of a client with a substantial interest in a European telecommunications and cable consortium, in its lease financing of a cable network and related equipment.  We have also acted as counsel to a consortium to build, operate and transfer cellular and telecommunication systems in Asia.

Transportation

• We have represented diverse entities, such as governmental agencies, construction companies, financial institutions and developers in transportation infrastructure projects; such as a bank syndicate making cross-border loans to a major Canadian railway company and advising numerous international shipping companies, directly and through marine underwriters, with respect to various international shipping issues including charter party agreements, disputes, sales, purchases, financing and securitizing of international marine tonnage (ships, barges and oil drilling platforms).
• We have also acted as counsel to the establishment of foreign shipping companies in Canada and of several consortia.  Examples include preparation of bid responses for the establishment of an airport link between a major U.S. airport and one of the busiest urban centres in North America and to a world leading transportation company in connection with the development and construction of a subway system in Europe.
• Our experience also includes the negotiation and implementation of vessel construction agreements, joint ventures for the manufacture of subway and railcars, and for road, rail and intermodal transport monitoring and control via satellite communications throughout Europe and Asia.

Construction and Infrastructure Projects

• We advise clients on all aspects of international engineering, procurement and construction projects from the preparation of joint venture, bid, construction and financing documents to negotiation and implementation of technology supply, license and service agreements and project implementation and project management agreements.
• Some of our recent transactions include acting as counsel to investment bankers arranging the financing and construction of a proposed waste management plant in Latin America, acting as counsel to a major textile corporation in negotiating and establishing a joint venture for the construction and financing of a manufacturing facility in Latin America, and acting for major engineering companies on a number of international projects.

 Energy and Natural Resources

• Our practice also extends to oil, gas and petrochemical projects and in particular the development, financing and building of oil and gas pipelines, offshore energy projects, and other natural resource projects, as well as mining related projects in a number of Latin American countries.
• Specific experience includes the acquisition or purchase and sale, financing, securitization and building of corporate and project assets, including facilities, equipment, concession rights, semi submersible and land based oil rigs for use in Latin America, and the purchase and sale of various supply vessels including vessels used for servicing oil drilling platforms in Scandinavia.
• We have also acted in major arbitrations which have utilized our energy experience, in particular, in respect of seismic data.  In the course of our practice, we have acted on behalf of numerous types of clients, including Government agencies, exploration and production companies, drilling, engineering and other service companies, and pipeline companies, in structuring and developing energy and natural resource based projects, and advised with respect to compliance with environmental requirements.

Financial Services

• We have been active in the incorporation and acquisition of Canadian banks, trust companies, investment dealers, mutual fund managers and investment bankers.  We represent three of the major Canadian chartered banks and many of the important capital market players in Canada.  We have also acted in connection with numerous acquisitions of banks and investment dealers.

Language Skills

• Many of our professionals and staff benefit from a diverse cultural background and as such are able to function at ease in multiple countries and in approximately thirty languages.  We also have and use Mandarin and Japanese language software to prepare documents in those languages.