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As advisors to both governments and companies, we have been involved in a number of investor-state arbitrations, WTO dispute settlement proceedings and other cases arising under the NAFTA and other trade agreements.
We regularly advise clients—both governmental and private-sector—on the consistency of government measures with treaty obligations. Our work in this area includes advising on strategies to criticize or defend domestic and foreign measures in both domestic and international fora. Our experience includes drafting submissions and appearing as counsel before panels, arbitrators and the WTO Appellate Body.
International trade agreements under the WTO, bilateral and multilateral agreements such as the NAFTA have greatly expanded the scope of domestic government regulation that is subject to international obligations. Trade agreements now extend to areas such as financial services, environmental regulation, intellectual property, product standards, telecommunications, transportation and distribution, and certain aspects of foreign investment. Our firm’s broad range of regulatory expertise allows us to provide integrated services that greatly strengthen advocacy efforts under international agreements.
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Trade disputes often involve political as well as legal ramifications, and therefore we work closely with our experienced government relations lawyers in Washington, DC, leveraging their extensive contacts in the Administration, Congress, state governments, private sector and diplomatic community to assure both political and legal consequences are recognized and addressed. We also advise U.S. companies, industry coalitions and foreign governments on trade policy matters, such as negotiating strategies for trade agreements, and we represent them before the U.S. Congress and executive branch agencies.
Our firm has broad experience with both trade negotiations and the related political processes, including the NAFTA, the Trans-Pacific Partnership (TPP) and the new U.S.-Mexico-Canada free trade agreement (USMCA).
As we have experience counseling governments with legal and political disputes once trade agreements with the United States have been implemented, we are able to provide insights into not only the intended result of trade commitments but also how those commitments actually work—or sometimes do not work—in practice.
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We have extensive experience with WTO dispute settlement. We have assisted Mexico with respect to the following WTO disputes:
International Investment Disputes Experience
As U.S. counsel to Mexico, Pillsbury has assisted in the defense of many investment arbitrations initiated against Mexico under the NAFTA’s investment chapter and bilateral investment treaties. Completed cases in which we have been involved include:
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