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Peter E.  Kirby

Peter E. Kirby

Partner Fasken
That Kirby and his team […] were able to thwart the bureaucracy is not only a tribute to the rule of law and a significant landmark in shaping the relationship going forward between administrative tribunals and public officials, but also a testament to thoughtful strategy, hard work, focused preparation and skilled advocacy, as well as an object lesson in managing complicated, hard-fought litigation against the state within the strictures of clients’ budgets. [Julius Melnitzer, Lexpert Magazine]
Jurisdiction New York, 1995 | Massachusetts, 1994 | Ontario, 1987 | Quebec, 1986
Language(s) French, English
Office(s) Montreal
Contact

Peter E. Kirby provides counsel on all aspects of cross-border trade. He advises on regulatory compliance, trade agreements, and trade remedies such as anti-dumping and countervailing duty actions. His practice extends to international commercial arbitration and investor-state arbitration, customs law, and export and import controls.

 

Appearing before governmental and administrative agencies and the Federal Court, Peter also represents clients in appellate litigation relating to trade and customs issues.

 

Peter represents various clients including corporations, state enterprises, and federal and provincial government departments and agencies. He has acted as counsel in several investor-state arbitrations under Chapter Eleven of NAFTA and under the Bilateral Investment Treaties. Peter has also assisted public and private sector clients on investor-state disputes. He has acted as counsel in more than 50 anti-dumping and countervailing duty investigations.

 

As part of his regulatory practice, Peter advises companies and associations in the food-industry on a wide range of issues including novel food approvals and product recalls.

 

Peter speaks frequently in Canada and abroad on international trade issues. He has been invited to speak on international law at numerous meetings of the American Bar Association.

 

Peter is recognized by Chambers as Band 2 in the International Trade/WTO-Canada category in 2017 and named Montréal’s International Trade and Finance Law Lawyer of the Year for 2017 by Best Lawyers. He has been recognized by The American Lawyer and Lexpert as one of Canada’s leading 500 lawyers since 2012.

Education

  • LLB McGill University
  • DEA, International Law University of Montpellier, France
  • BCL McGill University
  • BA (Hons), Economics Concordia University

Memberships & Affiliations

  • Vice-Chairman, Canada Committee, Section of International Law, American Bar Association (2008-2010)
  • Vice-Chairman, International Trade Committee, Section of International Law, American Bar Association (2004-2006)
  • Member, Appeals Advisory Committee of the Canada Customs and Revenue Agency (2001)
  • Member, Editorial Board, North American Corporate Lawyer (2000-2003)
  • Member, Auditor General's Advisory Committee on the Special Examination of the Canadian Dairy Commission (1999-2000)
  • Chairman, Canadian Importers Association, Québec Chapter (1998 to 2000)
  • Member, Canadian Importers Association, National Board of Directors (1998-2000)
  • Member, Canadian Bar Association
  • Member, Canadian Bar Association, Sales and Commodity Tax Committee
  • Member, American Bar Association
  • Member, American Bar Association, International Law Section
  • Member, New York Bar Association
  • Member, New York Bar Association, International Law Section
  • President, Ireland-Canada Chamber of Commerce (1990-1993)
  • Member, The Canadian International Trade Tribunal, Bench and Bar Committee (1995-1999)
  • Member, Auditor General's Advisory Committee on Government Procurement (1995-1996)
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