Practice Areas & Industries: Hunton & Williams LLP

Practice/Industry Group Overview

Over the past 25 years, our lawyers have assisted numerous international companies with a variety of international trade disputes, involving a full range of importing and exporting activities. The International Trade practice of Hunton & Williams defends foreign companies in a variety of trade disputes, including antidumping investigations, countervailing duty investigations, U.S. Customs matters, Section 201 investigations, and Section 301 matters. In the United States, we have represented U.S. companies as petitioners in antidumping and countervailing duty proceedings before the U.S. Department of Commerce and the U.S. International Trade Commission.

The globalization of the economy and the increase in the number of multinational ventures has led inevitably to a rise in commercial disputes that cross national boundaries.Arbitration has unique advantages over litigation as a means of resolving international commercial disputes. Awards are binding and treaties permit their enforcement in most countries. Cases are heard in private, typically in a neutral forum, and with fewer formalities. Compared to litigation, disputes usually are resolved more quickly and at lower cost, with little or no publicity. Other non-litigation alternatives, such as mediation, also can be used as adjuncts to, or instead of, formal arbitration.

Fortune 500 companies with global operations and reputations can often gain by raising capital abroad, rather than in the United States. For equity offerings, foreign markets offer a substantially larger investor base, exemption from SEC registration and often cost savings in transaction costs, as well as increased visibility from listing shares on foreign stock exchanges. For debt offerings, the same gains, as well as lower interest rates, are the main benefits of public debt offerings that are conducted outside the U.S. These debt offerings can be denominated in U.S. dollars and conducted in the global markets or denominated in a foreign currency and conducted in the country of the currency or in the global markets. Companies can often hedge foreign currency denominated transactions with currency swaps that convert all or part of their obligation back into U.S. dollars. These non-U.S. offerings are conducted under the exemption from registration with the SEC provided by Regulation S under the Securities Act, although companies, if they desire, can do global registered offerings, conducted simultaneously in the U.S. and in the foreign markets.

Services Available

Our attorneys represent companies making industrial, consumer and agricultural products throughout Asia, Canada, Europe, and Latin America. We assist companies in disputes before the World Trade Organization or disputes involving international agreements, such as the North American Free Trade Agreement. Given the public policy content of many trade disputes, the International Trade practice of Hunton & Williams works closely with our Government Relations professionals on issues before the Executive Branch and Congress. Our trade lawyers also have available our international environmental and regulatory lawyers in Washington, D.C. and Brussels where non-tariff trade barriers present technical and regulatory issues.

The Brussels office of Hunton & Williams is engaged in a broad international trade law practice. In cooperation with colleagues in our Washington, D.C. office, we advise business associations and individual enterprises from the United States, Europe, and Asia on the business opportunities that international trade agreements and domestic international trade laws provide. We represent our clients before the European Commission Trade Directorate General, USTR, U.S. Department of Commerce, U.S. International Trade Commission, and other government bodies.

The Brussels office's European Union (EU) trade law practice focuses on trade barriers, import and export into and from the EU, and unfair trading practices. We have represented clients in anti-dumping and anti-subsidy procedures before the European Commission. We advise on the free movement of goods and services in the EU. Our lawyers are recognized experts in the trade area and have published and lectured on technical trade barriers.

We have substantial hands-on experience with issues under the law of the World Trade Organization (WTO) including the General Agreements on Tariffs and Trade (GATT), the Subsidies Agreement, the Technical Barriers to Trade Agreement, the Agreement on Sanitary and Phytosanitary Measures and the General Agreement on Trade in Services (GATS). The Brussels office has developed first-rate expertise on non-tariff trade barriers caused by EU and unilateral national measures. We advise also on benefits available under regional free trade agreements such as NAFTA and MERCOSUR. In addition, we handle trade and customs matters under European Association Agreements between the EC and Central and Eastern European Countries.

Our customs practice is focused on international and EC law. We handle matters with respect to tariff classification, valuation of goods, rules of origin, and special custom procedures. In addition to counseling, we represent clients before agencies and assist with requests to change origin determinations, product classifications, customs tariffs and quota allocations. We have also assisted clients in criminal investigations with respect to alleged evasion of customs duties.

Hunton & Williams' lawyers have advised and represented clients in disputes under the leading arbitral regimes and before international tribunals in the United States, Europe and Asia. In addition to our familiarity with the process and procedure of arbitration, we are also skilled litigators. Our international dispute resolution experience includes:

• representing a state-owned utility in an UNCITRAL arbitration arising out of the construction of a hydroelectric facility in Southeast Asia
• representing a privately held Thai company in related disputes governed by Thai law with a United States company and its Thai subsidiary arising out of the construction of a chemical plant in Southeast Asia
• representing a U.S. company in an ICC arbitration initiated against a Taiwanese company arising out of the breach of a software licensing agreement
• advising a U.S.- Sino joint venture company in disputes, subject to UNCITRAL arbitration, with a Korean EPC contractor arising out of the construction of underground storage caverns and terminal facilities in China
• representing a Philippine investor in an ICC arbitration arising out of the ownership and financing of power plants in Thailand
• representing a government-owned electrical utility in an ICSID arbitration arising out of the construction and operation of an electric power plant in Southeast Africa
• representing a German industrial conglomerate in an arbitration under the AAA International Arbitration Rules arising out of the design and construction of a manufacturing facility
• representing a foreign government in a proceeding under UNCITRAL Rules brought by a Canadian gold-mining conglomerate arising out of investment in a state-owned gold mine and infrastructure project in the former Soviet Union
• representing a foreign government in an action under the Arbitration Rules of the Stockholm Chamber of Commerce brought by a Swiss venture capitalist firm arising out of a dispute related to investment in a state-owned enterprise in the former Soviet Union
• representing a foreign government in related actions under the Arbitration Rules of the Stockholm Chamber of Commerce arising out of investment disputes related to the installation and operation of a state-of-the-art information system
• advising a foreign government in related actions initiated by U.S.- based international power company, under LCIA and ICC Rules, arising out of disputes related to the purchase of a state-owned electrical utility and associated power purchase agreement
• advising a leading U.S.-based IPP developer in disputes, subject to ICC arbitration, with governmental entities related to the development of a thermal electric power plant in South America
• representing a Swiss energy conglomerate in an ICC arbitration arising out of a dispute related to the delivery of equipment for the construction of two power generating facilities
• advising a U.S. multinational corporation in connection with a series of environmental disputes, subject to ICC arbitration, arising out of our client's purchase of industrial facilities
• representing a U.S. Fortune 500 company in successfully negotiating agreements to resolve a series of complex disputes with its Russian partners arising out of joint venture operations and related technology transfer agreements
• representing a U.S. petroleum pipeline company in the negotiation and mediation of environmental insurance coverage disputes with its London insurers
• representing the U.S. subsidiary of a Finnish corporation in the negotiation and mediation of insurance coverage disputes with its off-shore insurers and reinsurers advising a foreign state in a matter at the International Court of Justice

Members of Hunton & Williams' international arbitration and dispute resolution team belong to major arbitral organizations and ADR (alternative dispute resolution) groups. For example, firm partners are members of the London Court of International Arbitration; the Center for Public Resources' Institute for Dispute Resolution, the world's leading non-profit mediation/conciliation organization; the International Chamber of Commerce's Forum on ADR in Paris; and the International Bar Association's Committee D (international arbitration and ADR), Committee O (international civil litigation) and Committee T (international engineering and construction).The process of international dispute resolution may seem complex, but Hunton & Williams can help you anticipate, prepare and prevail.

These non-U.S. offerings are conducted under the exemption from registration with the SEC provided by Regulation S under the Securities Act, although companies, if they desire, can do global registered offerings, conducted simultaneously in the U.S. and in the foreign markets.

Foreign companies can also access the U.S. capital markets with either public offerings registered with the SEC or Rule 144A transactions (often using American Depository Receipts representing shares of stock). Foreign corporations can also access the global capital markets, often with a U.S. component such as a Rule 144A offering.

Having more than 20 years of experience with these transactions (over 50 such public offerings, including offerings by U.S. corporations in the global and foreign markets and offerings by foreign corporations in the global, foreign and U.S. markets), and with offices in Europe and Asia, Hunton & Williams is well placed to assist in these transactions.

Clients:
Uruguay Round of the GATT , World Trade Organization, New York Independent System Operator