Orlando E. Silva is a partner in Toronto and a member of the firm’s International Trade Law and Investment Group. He is recognized as a leader in the field of international trade by Chambers Global. His practice focuses on the area of international trade matters, including anti-dumping and countervail, customs and tariff issues, import and export controls, and WTO and NAFTA matters. His recent experience includes acting as counsel for a Canadian investor against a Latin American government in the first investor-State dispute brought under one of Canada’s bilateral investment treaties.
Mr. Silva has co-authored articles on international trade and investment law issues in various business and legal publications including the International Lawyer (ABA’s Section of International Law), the North American Free Trade & Investment Report, International Trade Law and Regulation, Tradeweek (Canadian Association of Importers and Exporters), Canadian Corporate Counsel, the Lawyers Weekly, the 2003 Leading 500 Lawyers in Canada, Lexpert/American Lawyer Media and the Privacy & Data Security Law Journal.
Mr. Silva regularly speaks at conferences and seminars and has appeared as counsel before such specialized trade bodies as the Canadian International Trade Tribunal and NAFTA Binational Panels. He is the Co-Vice Chair of the Ontario Bar Association’s International Law Section Executive, a member of the Canadian Bar Association’s Trade and Investment Law Committee, the Board of Trade of Metropolitan Toronto, the Canadian Association of Importers and Exporters’ Export Committee and the American Bar Association’s Section of International Law.
Mr. Silva received his B.Comm. (Hons.) from the University of British Columbia in 1994, and his LLB from the University of Toronto in 1999. He was called to the Ontario bar in 2001.
Publications, Attributions and Speeches
- Yugraneft Corp. v. Rexx Management Corp.
: Victors in International Arbitration Proceedings Must Look Out for Local Limitation Periods", McCarthy Tétrault Co-Counsel: Litigation, Volume 4, Issue 1, August 2, 2010.
Quoted in "Canadian Supreme Court Limits Collection of Arbitration Awards", Inside Counsel, August 1, 2010.
"Supreme Court of Canada Decision a Wake-Up Call for Tardy Victors in International Arbitration Proceedings", McCarthy Tétrault Legal Update, May 28, 2010.
Speaker, "Managing Trade Compliance Conflict of Laws", Global Trade Compliance Program, The Center for American and International Law, Plano, Texas, May 3-4, 2010.
"U.S. and Canada Reach Agreement on "Buy America" and Provincial Government Procurement", McCarthy Tétrault Legal Update, February 5, 2010.
"Island Timberlands LP v. The Minister of Foreign Affairs: Federal Government forced to explain its policy rationale", McCarthy Tétrault Co-Counsel: Litigation, Volume 3, Issue 2, November 13, 2009.
Chair and Moderator, "The Shifting Trade Winds of the Americas: The Stalling of the FTAA and the Rush to Negotiate Bilateral and Subregional Trade and Investment Agreements in the Americas", American Bar Association 2009 Fall Meeting, Miami Beach, Florida, October 30, 2009.
"Canadian Government Announces Plans for Tariff Relief on a Broad Range of Manufacturing Inputs", McCarthy Tétrault Legal Update, September 25, 2009.
"Report on the International Law Section Breakfast Program at the OBA 2009 Institute – Crossing the Canadian/US Border: Are Your Electronic and Personal Data and Information at Risk?", The Globetrotter, Volume 13, No. 2, International Law Section of the Ontario Bar Association, March 2009.
Quoted in "Dow Pesticide Claim Still Waiting in the Weeds", Embassy Magazine, February 4, 2009.
"Crossing the Canadian/US Border: Are Your Electronic and Personal Data and Information at Risk?", Ontario Bar Association 2009 Institute of Continuing Legal Education, February 3, 2009.
"Navigating the Complex Web of Canada’s Free Trade Agreements", 14th Annual Infonex Customs Compliance and Border Security Conference: Best Practices in Regulatory Issues in Cross-Border Trade, January 20, 2009.
"Canada’s Free Trade Agreement and Bilateral Investment Treaty Activity in 2008", McCarthy Tétrault Legal Update, December 16, 2008.
"Cross-Border Travellers Beware: Confidential Information is at Risk", McCarthy Tétrault Co-Counsel: Business Law Quarterly, Volume 3, Issue 4, September — November 2008, November 28, 2008.
"Financial Institution Compliance with Canadian Export Controls and Economic Sanctions", McCarthy Tétrault Co-Counsel: Business Law Quarterly, Volume 3, Issue 4, September — November 2008, November 28, 2008.
"Confidential Information Is at Risk Crossing Borders", Privacy & Data Security Law Journal, November 2008.
"Defusing mining and other foreign investment disputes in foreign lands", Business in Vancouver, November 25 December 1, 2008.
"Bilateral Investment Treaty Protections Available to Investors in the Mining Sector", McCarthy Tétrault Mining Prospects, Volume 1, Issue 2, November 7, 2008.
"Canadian Export Controls and Economic Sanctions for Financial Institutions", Canadian Corporate Counsel, Volume 18, Number 2, October 2008.
"Canada Imposes Economic Sanctions Against Zimbabwe", McCarthy Tétrault Legal Update, September 9, 2008.
"Developments in Canadian Bilateral Investment Treaties and Dispute Resolution", International Legal Developments in Review: 2007, The International Lawyer, Vol. 42, No. 2 (Summer 2008).
"Trade Controls for American Companies: Navigating Consistency and Conflict", McCarthy Tétrault Legal Update, August 29, 2008.
"Canadian Trade Controls for US Companies Doing Business in Canada", McCarthy Tétrault Legal Update, July 29, 2008.
Speaker, "The Canada-Peru FTA: A revitalization of Canada's trade ties with the Americas - Relevance for Peru", Inter-American Bar Association's XLIVth Conference, Lima, Peru, June 26, 2008.
"Canada Passes Bill Implementing ICSID Convention - Seen as Important Move to Strengthen Investor Protections", North American Free Trade & Investment Report, Vol. 18, No. 6, March 31, 2008.
"The Shifting Trade Winds of the Americas", The Lawyers Weekly, March 28, 2008.
Quoted in "Treaty strengthens rights of Canadian investors abroad", Julius Melnitzer, Financial Post - Legal Post, March 18, 2008.
"International Arbitration Developments: Canada Strengthens Investor Protections", McCarthy Tétrault Legal Update, March 17, 2008.
"Feds Near Ratification of ICSID - Important Tool for Canadian Investors Abroad", McCarthy Tétrault Co-Counsel: Litigation, February, 2008.
Speaker, "International Legal Issues for Today’s Business Lawyer: Challenges and Solutions", Ontario Bar Association 2008 Institute of Continuing Legal Education, February 5, 2008.
Speaker, "International Arbitration Issues", The Ten Minute International Contracts Update 2007, Ontario Bar Association International Law Section Program, November 13, 2007.
"Canada is First to Grant WTO Compulsory Licence for Export of Generic Drug", McCarthy Tétrault Trade Alert, October 12, 2007.
"WTO Challenge to China’s Intellectual Property Protection Regime", McCarthy Tétrault Trade Alert, September 27, 2007.
"Canada’s BIT Negotiations with China", North American Free Trade & Investment Report, Vol. 17, No. 16, September 15, 2007.
"Canada Jumps on the Bilateral Bandwagon", The Globetrotter, Volume 12, No. 1, International Law Section of the Ontario Bar Association, August 2007.
"Canadian Bilateral Investment Treaties and Disputes", International Legal Developments in Review: 2006, The International Lawyer, Vol. 1, No. 2 (Summer 2007).
"Update on Canada’s BIT Negotiations with China", The Globetrotter, Volume 11, No. 3, International Law Section of the Ontario Bar Association, May 2007.
"Canada-Peru Bilateral Investment Treaty is First Based on New Model", American Bar Association International Law News, Vol. 36 No. 2, Spring 2007.
"ICSID Ratification to Provide New Tool for Canadian Investment Disputes", North American Free Trade & Investment Report, April 15, 2007.
"New tool to protect investors in Canadian investment disputes", BAR eX, April 9, 2007.
"ICSID Ratification to Provide New Tool for Canadian Investment Disputes", McCarthy Tétrault Legal Update, April 3, 2007.
"Traders and Budget 2007", Tradeweek, Canadian Association of Importers and Exporters, March 30, 2007.
"Canada Signs Bilateral Investment Treaty with Peru - India and China are Next", The Globetrotter, Volume 11, No. 2, International Law Section of the Ontario Bar Association, March 2007.
"Canada-U.S. Softwood Lumber Agreement", McCarthy Tétrault Legal Update, February 12, 2007.
"WTO to Rule on U.S. Farm Subsidies and Canadian Tax Relief on Beer and Wine", McCarthy Tétrault Legal Update, January 23, 2007.
"Canada Updates Schedule to the Customs Tariff", McCarthy Tétrault Legal Update, January 16, 2007.
"Customs Law Issues – Canada", Contributing author, North American Relocation Law, Canada Law Book (Aurora: 2007).
"Canada Signs Bilateral Investment Treaty With Peru – India and China Are Next", North American Free Trade & Investment Report, November 30, 2006.
Presentation: "Bilateral Investment Treaties and the EnCana/Ecuador case", International Law Section at Ontario Bar Association Program, November 30, 2006.
"Canada Signs Bilateral Investment Treaty With Peru – India and China Are Next", BAR-eX Weekly, November 24, 2006.
"Canada Signs Bilateral Investment Treaty with Peru – India and China Are Next", McCarthy Tétrault Legal Update, November 17, 2006.
"Expanding Canada’s Foreign Investment Protection Treaty Program", The Globetrotter, Volume 11, No. 1, International Law Section of the Ontario Bar Association, September 2006.
Moderator, International Law Section Program, "Dispute Resolution – International Treaties and Trade", Canadian Bar Association 2006 Canadian Legal Conference & Expo, St. John’s, August 13 – 15, 2006.
"Effective Use of International Trade and Investment Treaties", McCarthy Tétrault Co-Counsel: Business Law Quarterly, Volume 1, Issue 3, May-July, 2006.
"Canada Examining its Foreign Investment Protection Treaty Program", McCarthy Tétrault Legal Update, July 31, 2006.
Seminar: "Cross-Border Series - Seminar Three: Key International Trade Issues", Vancouver, June 13, 2006.
"Are You Ready for CBSA's Compliance Audits?", May 31, 2006.
"The WTO Rules on Genetically Modified Organisms", McCarthy Tétrault Legal Update, May, 2006.
Seminar to McCarthy Tétrault’s Business Group, "International Trade & Investment Law", Montreal, April 20, 2006.
"Are you Ready for Customs Compliance Audits?", McCarthy Tétrault Co-Counsel: Business Law Quarterly, Volume 1, Issue 2, April 2006.
Seminar: "Taking Advantage of International Trade and Investment Agreements", Hispanic Ontario Lawyers’ Association International Trade Regulation Seminar, December 1, 2005.
"Canadian Government Seeks Input to Further Liberalize the NAFTA Rules of Origin", McCarthy Tétrault Legal Update, July 4, 2005.
"New Reporting of Exported Goods Regulations", McCarthy Tétrault Legal Update, June 13, 2005.
"Government of Canada Proposes Customs Duty Increase on Targeted EU Goods", McCarthy Tétrault Legal Update, June 1, 2005.
"New Developments in Foreign Investment Protection", Canadian Corporate Counsel, March/April 2005.
"Canada Retaliates with 15 Percent Surtax on Targeted U.S. Goods", McCarthy Tétrault Legal Update, March 31, 2005.
"The Widening Application of the MFN Obligation and its Impact on Investor Protection", [2005] International Trade Law & Regulation, Issue 2, March 2005.
"Recent Jurisprudence on the Impact of the MFN Obligation on Investor Protection", The Globetrotter, International Law Section of the Ontario Bar Association, February 2005.
"Protecting Your Foreign Operations: A BIT Primer", Canadian Corporate Counsel, September 2004.
"Protecting Foreign Investors BIT by BIT", The Lawyers Weekly, July 9, 2004.
"GMO Dispute Raises Novel Issues", Legal Week, May 3, 2004.
Presentation: "International Trade Law and Investment Update", McCarthy Tétrault Connections 2004 Conference, May 1, 2004.
"Genetically Modified Organisms at Centre of Major WTO Dispute", The Lawyers Weekly, March 26, 2004.
Presentation: "A Discussion of Current Issues Facing China and the World Trade Organization: Import Safeguards and TRIPS Commitments", to Officials of the Municipal Government of Shanghai, October 27, 2003.
"Biotech Update: GMO Dispute Now Before WTO", Canadian Corporate Counsel, September 2003.
"GMO Dispute Launched at the WTO", Tradeweek, Canadian Association of Importers and Exporters, May 31, 2003.
Presentation: "Trade and Social Justice", 10th Annual International Law Society Conference at the Faculty of Law, University of Toronto, March 8, 2003.
"International Trade: Recent Developments of Importance", The 2003 Leading 500 Lawyers in Canada, Lexpert/American Lawyer Media, January 2003.
Presentation: "Post-9/11 Export Controls, Sanctions and Trade Embargoes", Infonex Cross-Border Commerce and Export Challenges Conference, September 24, 2002.
