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Dr. Arthur E Appleton

appleton@appletonluff.com

Practice Experience and Education

Practice Experience

Dr. Arthur E Appleton divides his practice between international trade and investment law and international arbitration. He has almost 30 years of experience in the international trade field (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. 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 (in particular 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 served for several years as a Senior Consultant to the World Bank on Trade and Investment issues, and now serves as a consultant to the Commercial Law Development Program. He is on the List of Experts (Chairperson) for a large number of Trade and Sustainable Development disputes involving European Union FTAs with several Latin American countries, Canada, and two Central European countries.

Arthur 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, Arthur is an Adjunct Professor at Johns Hopkins University (SAIS-Europe), and a Member of the visiting faculty and Advisory Board of the World Trade Institute (WTI – University of Bern). For many years he also taught in the International Law and Policy Program at the University of Barcelona (IELPO). 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 (three books and approximately 45 articles). Prior to forming Appleton Luff, Dr. Appleton was Counsel at White & Case LLP, and before that Of Counsel at Lalive & Partners.

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;

Certificate, IMD, Orchestrating Winning Performance, 2011.

Languages

English and French

Professional History and Affiliations

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 Life-Time 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 (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, (www.odage.ch)
  • District of Columbia Bar Association (Member)

List of Experts

List of Experts: (Chairperson) on disputes involving Trade and Sustainable Development for the:

(1) EU-Colombia-Peru Trade Agreement (Council Decision of 6 May 2014, 2014/277/EU);

(2) Association Agreement between the EU and Central America (Council Decision of 23 June 2014, 2014/394/EU);

(3) EU-Moldova Association Agreement (Council Decision of 15 June 2015 (EU) 215/989);

(4) EU-Georgia Association Agreement (Council Decision of 15 October 2015 (EU) 2015/2035); and

(5) Comprehensive Economic and Trade Agreement between Canada and the European Union, Council Decision (EU) 2018/1464 of 28 September 2018.

Recent Projects

  • CLDP, Multiple missions to Kyiv, Ukraine to advise on WTO issues (2017-2019)
  • Brexit and Government Regulation, Workshop for the British Embassy in Bern (2019).
  • Brexit workshop (TBT, SPS) at Whitehall for the Department of Industry and Trade (2018).
  • Indian Institute of Foreign Trade, Courses on TBT, SPS and Agriculture, Indian Institute of Foreign Trade (IIFT), (2014-2019).
  • Team Leader, Assessment of TBT Good Practices found in projects managed by the ACP TBT PMU (“Knowledge Dissemination on TBT Good Practices (2016-2017).
  • Senior Trade and Investment Consultant, IFC/World Bank Investment Climate Projects in Kazakhstan, Oman, Saudi Arabia and Vietnam (multiple trips during 2014-2016).
  • 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).
  • Attorney General’s Office, Brasilia, Brazil, Weeklong Tailor-Made Courses on Subsidies and Countervailing Measures, SPS and TBT, and Dispute 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.
  • EFTA, Advanced Course on the TBT and SPS Agreements for Senior Officials from the Palestinian Authority, 4-8 May 2014 and 1-5 June 2014 (Ramallah).
  • 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, organized 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, organized by SECO and WTI, Santiago, Chile, 23 – 27 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).
  • 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).
  • 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,
  • 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
  • erages, 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
  • nge, 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).

Publications

Books

Working Papers/Monographs

Journal and Newspaper Articles

Chapters

Blogs

Teaching and Conference Appearances

  • 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 Law Institute (ILI) (www.ili.org) (present)
  • Numerous specialized courses at universities and institutes around the world including: India (IIFT), Chile (Universidad de Chile), Brazil (School of the Attorney General’s Office), Peru (PUCP), Uganda (ILI), Indonesia (UPH), Vietnam (FTU), Costa Rica (INCAE), and the United States (FSI).
  • Numerous consulting and teaching assignments for various international organizations (IBRD/IFC, WTO, ITC, UNITAR, ADB, IDB, and UNCTAD).
  • Adjunct Faculty Member, International Economic Law and Policy (IELPO), University of Barcelona (www.ielpo.org) (2009-2018)
  • Visiting Lecturer, University of Amsterdam School of Law (2002-2006)

 
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