Practice Experience

Dr Arthur E Appleton divides his practice between international trade and investment law and international arbitration. He has more than 25 years of experience in the field of international trade (GATT/WTO) law dating back to the late 1980s when he advised a prominent Asian country during the Uruguay Round of trade negotiations. Dr Appleton has appeared as lead counsel before the Appellate Body of the World Trade Organization and has represented and advised sovereign states in trade law disputes. He has worked extensively in Asia, Africa, the Middle East and Latin America with businesses, governments, international organizations, and non-governmental organizations on various international trade issues. Dr Arthur E Appleton focuses on trade questions concerning investment (BITs and the TRIMs agreement), dispute settlement, technical regulations and standards (TBT Agreement), health and sanitary measures (SPS Agreement), intellectual property (TRIPS agreement), accessions and environment (including climate change) as well as questions concerning regional trade agreements. The International Who’s Who of Trade and Customs Lawyers has recognized his leading role in the international trade field since 2000. He also serves as a Senior Consultant to the World Bank on Trade and Investment.

Dr Arthur E Appleton has served as sole arbitrator, party-appointed arbitrator and counsel in ICC, AAA and Ad Hoc arbitrations. He has been involved in disputes concerning international trade (in particular trade in steel), intellectual property, licensing, agency agreements, contracts, construction and sovereigns. His experience includes disputes where International Law, WTO Law, Civil Law, Common Law, and the Laws of various Muslim countries have been applied. He served on the Editorial Committee of the ASA Bulletin, the official journal of the Swiss Arbitration Association, and has written and edited numerous articles on arbitration.
In addition to his work as a lawyer, Dr Arthur E Appleton is an Adjunct Professor at Johns Hopkins University (SAIS-Europe) and a Member of the Faculty of both the World Trade Institute (WTI – University of Bern) and the International Law and Policy programme (IELPO – University of Barcelona). He is regularly invited to speak on international trade matters at conferences, seminars and universities in Europe, North America, Africa, the Middle East and Asia. Dr. Appleton has published widely on international trade issues (two books and approximately 40 articles). He is a co-editor of The World Trade Organization: Legal, Economic and Political Analysis, a three-volume work published by Springer in May 2005. Prior to forming Appleton Luff, Dr Appleton spent three years in Geneva as Counsel with White & Case LLP (a top American law firm), and five years with Lalive & Partners (a major Swiss arbitration law firm), and also worked as a lawyer in the United States.

Education

B.A., College of William and Mary, 1980; Junior Year, Exeter University, England
J.D., University of Maryland, 1984
D.E.S., University of Geneva, Graduate Institute of International Studies, International Law Division, 1991
Ph.D., University of Geneva, Graduate Institute of International Studies, International Law Division, 1997

Languages

English, French, Italian and Spanish

Dr-Arthur-E-Appleton

Bars and Courts

District of Columbia Federal Trial Bar, admitted 1988
Maryland Federal Trial Bar, admitted 1987
District of Columbia, admitted 1985
Maryland, admitted 1985

Journal Affiliations and Professional Associations

Editorial Board, Legal Issues of Economic Integration (Journal of the Europa Institute and the Amsterdam Center for International Law) (present)
Advisory Committee, The Latin American Journal of International Trade Law (present)
Former Member, Editorial Committee (Secretariat) ASA Bulletin-Swiss Arbitration Association (1993-2009)

Association of International Business Lawyers (Past Co-President and Member) (www.aibl.ch)
American Society of International Law (Member) (www.asil.org/)
Swiss Arbitration Association (Member) (www.arbitration-ch.org)
Society of International Economic Law (Member) (www.sielnet.org/)
International Law Institute Washington, D.C. (Advisory Board, International Trade Law Center) (http://www.ili.org/centers-of-expertise/international-trade-law.html)
Ordre des avocats de Genève, registered foreign attorney (www.odage.ch)
District of Columbia Bar Association (Member)

LANGUAGES

English, French, Italian and Spanish

Recent Projects

  • Senior Trade and Investment Consultant, IFC/World Bank Investment Climate Projects in Kazakhstan, Oman and Saudi Arabia (multiple trips during 2014-2015).
  • Attorney General’s Office, Brasilia, Brazil, Weeklong Tailor-Made Courses on Subsidies and Countervailing Measures, SPS and TBT, and Dipsute Settlement (2013-2014).
  • European Trade Policy And Investment Support Project  (EU- MUTRAP IV) Capacity Building of Viet Nam’s Negotiators on Specific Aspects of New Generation of FTAs (Code EU-4), Quang Ninh Province and lectures in Hanoi (June-Sept. 2014).
  • Course on TBT, SPS and Agriculture, Indian Institute of Foreign Trade (IIFT), (9-13 June 2014).
  • Advanced Course on the TBT and SPS Agreements for Senior Officials from the Palestinian Authority, 4-8 May 2014 and 1-5 June 2014 (sponsored by EFTA) Ramallah, Palestine.
  • Master Program in Trade, Investment and Competition Law (MTIC),   Trade Regulation Course – Non-Tariff Measures (SPS &TBT), (sponsored by SECO) Universitas Pelita Harapan Graduate Campus, 1-5 April 2014 (one week of teaching).
  • La Pontificia Universidad Católica del Perú (PUCP), Introduction to the SPS and TBT Agreement for Government Officials and Masters Degree Students, organised by SECO and WTI, Lima, Peru, 30 September – 4 October 2013.
  • Universidad de Chile, Instituto Estudios Internacionales, Introduction to the SPS and TBT Agreement for Government Officials and Masters Degree Students, organised by SECO and WTI, Santiago, Chile, 23 – 27 September 2013.
  • Training on Dispute Settlement for State Attorneys in Brazil, Brasilia, 9-13 September 2013.
  • Training Program on Legal Interpretation for the Judges of the East African Community (organized by ILI Uganda), Kampala, Uganda, 27-29 June 2013.
  • Universitas Pelita Harapan Graduate Campus, Trade Regulation Course (NTBs) for Government Officials and Graduate Students (sponsored by SECO) 4-8 February 2013.
  • Foreign Trade University (Hanoi), The TBT and SPS Agreements as a Sword and Shield, 18 November 2011 (lecture).
  • EU-Vietnam MUTRAP III (Hanoi), Trade and the Environment, 14-17 November 2011 (lectures).
  • International Economic Law and Policy (IELPO), University of Barcelona., 7-11 November 2011, The TBT and SPS Agreement (week-long course).
  • La Pontificia Universidad Católica del Perú (WTI), weeklong course on the SPS and TBT Agreement to Government officials and Masters Degree students 10-15 October 2011 (classes/lectures).
  • INCAE (Costa Rica), Agricultural Policy and Standards, 14-15 April 2011 (two days of lectures to government officials).
  • International Economic Law and Policy (IELPO), University of Barcelona., 25-26 November 2010, The TBT Agreement (two-day course).
  • The Academy of Business in Society, 9th Annual Conference on Corporate Responsibility and Emerging Markets, “The Role of Emerging Markets in Building a Sustainable Global Economy: In Pursuit of a Sustainable Global Market Economy” St. Petersburg, Russia, 20 September 2010 (Keynote speech).
  • Society of International Economic Law (SIEL), “Certificates of Free Sale: Who are we Protecting from Whom?”, Barcelona, 19 July 2010 (Panel Presentation).
  • Asian Development Bank, Trade Remedies, Dispute Settlement and SPS and TBT Issues – Multilateralism versus Bilateralism from the Asian perspective, 24 June 2010 (three lectures).
  • COMESA Secretariat / ACP MTS PMU Secretariat, Designed and managed a course on improving analytical skills in trade-related negotiations, Nairobi, Kenya, June 2010 (one week of teaching as Project Manager).
  • University of Sussex, Department of Economics / Tyndall Centre, Trade and Climate Change – Current Discussions, 27 May 2010 (Conference Presentation).
  • World Trade Organization, “Workshop on Trade and Environment for Indonesian Governmental Officials,” lectures on environmental labeling, dispute settlement related to environmental disputes, and sectoral issues: palm oil, pulp and paper and food and beverages, Surabaya, Indonesia, 6-7 November 2009 (two days of lectures).
  • World Trade Organization, “Regional Workshop on Trade and Environment for Middle East and Arab Countries,” lectures on environmental labeling, dispute settlement related to environmental disputes, multilateral environmental agreements, trade and climate change, and environmental goods, Amman Jordan, 20-22 October 2009 (three days of lectures).
  • World Trade Organization, A series of lectures on the Doha Development Agenda (Trade Facilitation, GATS, Dispute Settlement, Basic Principles), Lusaka, Zambia, 15-17 June 2009.
  • Asian Development Bank, (Hanoi), Lectures on treatment of Trade Remedies, TBT and SPS Measures, Intellectual Property and Dispute Settlement in Free Trade Agreements, 19-21 May 2009 (two days of lectures to Vietnamese Government officials).
  • International Economic Law and Policy (IELPO), University of Barcelona, 26 January 2009, Life as a Lawyer (lecture).
  • Manufactures, Maquiladora Industry Association (Juarez, Mexico), “The Business Viewpoint: Legal Issues of Economic Integration” 29-30 October 2008 (Speech and Conference Appearance).
  • Asian Development Bank (Vientiane, Laos), Lectures on negotiating free trade agreements, including intellectual property rights, dispute settlement, technical barriers to trade, and sanitary and phytosanitary measures) 21-22 October 2008 (two days of lectures).
  • International Law Institute, (Kampala, Uganda) EU Economic Partnership Agreements, 15-19 September 2008 (five days of lectures).
  • Graduate Programme, Eduardo Mondlane University School of Law (Maputo Mozambique), Lectures on trade in Agriculture, (WTO Agreement on Agriculture, SPS Agreement, TBT Agreement, SCM Agreement) 8-12 September 2008 (five days of lectures).

Books

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Business Guide to Trade and Investment (Vol. 1 International Trade), edited by Patrick Macrory and Arthur Appleton (2017)

Environmental Labelling Programmes: International Trade Law Implications, Kluwer Law International (International Environmental Law and Policy Series), London, 235 pages (1997)

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The World Trade Organization: A Legal, Political and Economic Analysis, Co-Editor with Patrick Macrory and Michael Plummer (three volumes, May 2005, Springer).

Articles, Chapters and Monographs

  • Business Guide to International Trade and Investment: Volume One – International Trade (with Patrick Macrory), ICC – October 2017), https://www.iccwbo.be/shop/business-guide-to-trade-and-investment-vol-1-international-trade-english/.
  • “The Swiss Also Have a Private Health Care System. But Theirs Works.” 26 September 2017, Fortune, http://fortune.com/author/arthur-appleton/
  • “Spain, Argentina: Who will be next to stake a claim in Brexit,* (with Ana Stanic), 13 April 2017, CITYAM, http://www.cityam.com/262883/spain-argentina-next-stake-claim-brexit.
  • “The WTO Appellate Body – Pathways and Pitfalls,” appearing in Judging the State in International Trade and Investment Law (Leïla Choukroune, ed., Springer, December 2016), http://www.springer.com/us/book/9789811023583.
  • “The US – Shrimp Appeal: 20 Years On,” appearing in WTO Disputes @Twenty: Insiders’ Reflections On India’s Participation (Abhijit Das, ed.,  2016), http://www.springer.com/cn/book/9789811005985.
  • “Product Labelling: What Has the Appellate Body Wrought,” ICTSD-BioRes, (op. ed. 14 October 2015), https://www.ictsd.org/bridges-news/biores/news/product-labelling-what-has-the-appellate-body-wrought.
  • “PIL and IEL: Will Seal Deaths Resurrect the Dream of International Legal Coherence?” http://www.qil-qdi.org/pil-iel-will-seal-deaths-resurrect-dream-international-legal-coherence/, QIL – Questions of International Law, Zoom-in 9 (2014) 5-18, , 24 November 2014.
  • “National Treatment under the TBT Agreement,”  appearing in The Principle of National Treatment in International Economic Law, Trade, Investment, and Intellectual Property  (A. Kamperman Sanders, Editor; University of Maastricht / Edward Elgar, 2014).
  • “Product Labelling 15 Years On: The Role of the Judiciary,” appearing in Reflections on the Constitutionalisation of International Economic Law – Liber Amicorum Ernst-Ulrich Petersmann: Essays in Honour of Professor Ernst-Ulrich Petersmann (Cremaona, Hilpold, Staiger Schneider and Ziegler, editors; European University Institute, BRILL, 2013).
  • “Conformity Assessment,” appearing in the TBT Handbook , pp. 81-119 (Michael Trebilcock and Tracy Epps, Editors; Edward Elgar Publishing, 2013).
  • “Forum Selection in Trade Litigation,” ICTSD Programme on International Trade Law; Issue Paper No. 12; International Centre for Trade and Sustainable Development, Geneva, Switzerland (2013), http://www.ictsd.org/downloads/2013/04/forum-selection-in-trade-litigation.pdf.
  • “Certificates of Free Sale: Who is Being Protected from Whom?” 14(4) Journal of International Economic Law 719-763 (2011) (with Claudio Dordi), https://academic.oup.com/jiel/article-abstract/14/4/719/915538/Certificates-of-Free-Sale-Who-is-Being-Protected.
  • “In Pursuit of a Sustainable Global Market Economy,” 11 Corporate Governance No. 4, pp. 327-336 (2011) (with Jean-Pierre Lehmann), https://www.imd.org/uupload/EvianGroup/PUBLICATIONS/2107.pdf.
  • “Tension grows with China: Only Strengthened International Law Can Prevent Open Conflict” (Jean-Pierre Lehmann and Arthur Appleton), The Washington Times, 11 January 2011, http://www.washingtontimes.com/news/2011/jan/11/tension-grows-with-china/ (reprinted in other U.S. newspapers).
  • “Case C 40/08 Asturcom – EU Unfair Terms Law Confirmed as a Matter of Public Policy” Volume 28 ASA Bulletin 413-418 (2/2010) (with Bernd Graf), http://www.kluwerlawonline.com/toc.php?area=&mode=bypub&level=6&values=Journals~~ASA+Bulletin~Volume+28+%282010%29~Issue+2.
  • “A Lesson on Trade, Regulation and Competition Policy?” appearing in Achieving the 2019 Vision – 100th Anniversary of the Founding of the ICC 245-248 (2010), http://www.cambridge.org/gb/academic/subjects/management/international-business/peace-and-prosperity-through-world-trade-achieving-2019-vision?format=PB&isbn=9780521169004#3CWPYxj8hsXi8pcT.97.
  • “Preliminary Thoughts on WTO Retaliation in the Services Sector,” appearing in The Law, Economics and Politics of Retaliation in WTO Dispute Settlement, Chad P. Bown and Joost Pauwelyn (eds.), Cambridge University Press (2010), http://www.cambridge.org/gb/academic/subjects/law/international-trade-law/law-economics-and-politics-retaliation-wto-dispute-settlement?format=HB&isbn=9780521119979#RM4epLDcU3Jxqsri.97.
  • “Transport Labelling: Protection or Protectionism,” Swisscam Magazine (Swiss-Brazilian Chamber of Commerce (2009), http://www.swisscam.com.br/edition-56-focus-transport-and-logistics.html.
  • “Suspension of Concessions in the Services Sector: Legal, Technical and Economic Problems,” International Centre for Trade and Sustainable Development (ICTSD, 2009), https://www.ictsd.org/downloads/2012/02/suspension_of_concessions_in_the_services_sector.pdf.
  • “Private Climate Change Standards and Labelling Schemes under the WTO Agreement on Technical Barriers to Trade”, appearing in International Trade on a Warming Globe: The Role of the WTO in the Climate Change Debate, 2007 World Trade Forum, World Trade Institute (Thomas Cottier, Olga Nartova and Sadeq Bigdeli, eds., Cambridge University Press, 2009).
  • “European Communities – Trade Description of Sardines,” La jurisprudence de  L’OMC / The Case-Law of the WTO, Brigitte Stern and Hélène Ruiz Fabri (eds.),  (chapter with Veijo Heiskanen, still awaiting translation)
  • “Supermarket Labels and the TBT Agreement: ‘Mind the Gap'”, 4 Business Law Brief 10 (Issue 1), Washington College of Law, American University (Autumn 2007).
  • “Freedom of Speech and Assembly versus Trade and Transit Rights: Roadblocks to EU and MERCOSUR Integration” 34 Legal Issues of Economic Integration 255 (with Bernd Graf, 2007).
  • “Elisa María Mostaza Claro v Centro Movil Milenium SL: EU Consumer Law as a Defence against Arbitral Awards” (ECJ Case C-168/05), 25 ASA Bulletin 48 (Vol. 1), (with Bernd Graf, 2007).
  • “DSU Decision-Making: Bridging the Perception Gap,” in Ten Years Of Dispute Settlement in the WTO 73-92 (Horvitz, Moulis and Steger, eds.) International Bar Association, Trade and Customs Committee (chapter with Veijo Heiskanen, 2007).
  • “Like a Rolling Stone: Developing Countries, Doha and the Future of the WTO”, 5 International Law Review of Wuhan University 173 (2006).
  • “Environmental Labelling Schemes Revisited: WTO Law and Developing Country Implications,” reprinted in The WTO, Trade and Environment (Sampson and Whalley (Chapter 24, Edward Elgar Publishing, May 2005).
  • “The Technical Barriers to Trade Agreement,” chapter appearing in The World Trade Organization: A Legal, Political and Economic Analysis (Springer 2005).
  • “The Sardines Decision: Fish Without Chips?,” Arthur E. Appleton and Veijo Heiskanen, Challenges and Prospects for the WTO 165 – 192 (Cameron May 2005).
  • “Towards Remedies which Expand rather than Contract Trade,” 5 The Journal of World Investment & Trade 349 (April 2004).
  • “United We Stand,” Legal Week Global 22-23 (January 2004).
  • “The Doha Work Programme: Prospects for the WTOs Development Round,” The Johns Hopkins University, Working Paper Series – The Bologna Center, Working Paper No. 1 (January 2004).
  • “The Technical Barriers to Trade Agreement,” UNCTAD Handbook on Dispute Settlement (2003).
  • “Environmental Labelling Schemes Revisited: WTO Law and Developing Country Implications,” Trade, Environment, and the Millennium 234-266 (Sampson and Chambers, eds., 2nd edition) (United Nations University Press, 2002).
  • “Domain Name Arbitrations: A Review of Selected Decisions,” Arthur E. Appleton and Kamen Troller, ASA Bulletin 716 (4/2000).
  • “Amicus Curiae Submissions in the Carbon Steel Case: Another Rabbit from the Appellate Body’s Hat?” 3 Journal of International Economic Law 691 (2000).
  • “The Labeling of GMO Products Pursuant to International Trade Rules,” 8 New York University Environmental Law Journal 566 (2000).
  • “The World Trade Organization: Implications for Human Rights and Democracy,” 19 Thesaurus Acroasium 415-460 (2000).
  • “Environmental Labelling Schemes: WTO Law and Developing Country Implications,” appearing in Trade and the Environment 195-221 (Sampson and Chambers, Eds.) (United Nations University Press 1999).
  • “Shrimp/Turtle: Untangling the Nets,” 2 Journal of International Economic Law 477 (1999).
  • “Telecommunications Trade: Reach Out and Touch Someone?” 19 University of Pennsylvania Journal of International Economic Law 209 (1998).
  • “GATT Article XX`s Chapeau: A Disguised ‘Necessary’ Test? The WTO Appellate Body Ruling in United States – Standards for Reformulated and Conventional Gasoline,” 6 Review of European Community and International Environmental Law 131 (July 1997).
  • “Fédération de l’industrie de l’huilerie de la CEE (‘FEDIOL’) v. Commission des Communautés européennes,” ECJ Case 70/87, 84 American Journal of International Law 258 (1990).
  • “Dresser Industries: The Failure of Foreign Policy Trade Controls Under the Export  Administration Act,” 8 Maryland Journal of International Law and Trade 122 (1984).

Academic Affiliations

  • Adjunct Professor of International Trade Law, Johns Hopkins University (SAIS – Europe) (www.sais-jhu.edu/faculty/arthur-appleton) (present)
  • Adjunct Faculty Member and Board Member, World Trade Institute (WTI), University of Berne (www.worldtradeinstitute.ch) (present)
  • Adjunct Faculty Member, International Economic Law and Policy (IELPO), University of Barcelona (www.ielpo.org) (present)
  • Adjunct Faculty Member, International Law Institute (ILI) (www.ili.org) (present)
  • Numerous specialized courses at universities and institutes around the world – most recently India (IIFT), Chile (Universidad de Chile), Brazil (School of the Attorney General’s Office), Peru (PUCP), Ramallah (PA), Uganda (ILI), Indonesia (UPH), Vietnam (FTU), Costa Rica (INCAE) and Mozambique (Eduardo Mondlane).
  • Numerous consulting and teaching assignments for various international organizations (WTO, ITC, UNITAR, ADB, IDB and UNCTAD)
  • Visiting Lecturer, University of Amsterdam School of Law (2002-2006)
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