Frank Schweitzer | White & Case LLP International Law Firm, Global Law Practice

Frank Schweitzer

Counsel, Washington, DC

T +1 202 637 6166

E fschweitzer@whitecase.com

Overview

Frank Schweitzer's practice focuses on international trade and investment, market access, and public international law matters, and the representation of private sector and sovereign state clients in international trade and investment disputes, including litigation before the World Trade Organization (WTO).

Frank's experience includes serving from 2009–2013 as associate general counsel in the Office of the US Trade Representative (USTR), Executive Office of the President. At USTR Frank was lead counsel for the United States in significant World Trade Organization litigation matters, including WTO panel proceedings and appeals before the Appellate Body. He also served as USTR legal counsel in trade agreement and investment treaty negotiations. Frank's government experience as a litigator, adviser, and treaty negotiator is balanced with broad private practice experience with leading global law firms (including previously with White & Case from 2001–2009), where he focused on WTO litigation, market access disputes, trade remedy proceedings and related litigation, NAFTA binational panel proceedings, and investment treaty arbitrations (ICSID and UNCITRAL).

Frank's experience includes international trade and investment policy matters, treaty negotiations and accessions, and contentious and non-contentious matters involving the WTO agreements, bilateral investment treaties (BITs), and bilateral, regional, and sectoral trade and investment agreements (NAFTA, CAFTA-DR, and the Energy Charter Treaty). His industry experience includes aerospace, cement, financial services, lumber, oil and gas, paper, power generation, semiconductors, steel, telecommunications, and uranium.

Bars and Courts

  • District of Columbia Bar
  • New York State Bar
  • US Supreme Court
  • US Court of Appeals for the Federal Circuit

Education

  • LLM, International Law, Georgetown University Law Center
  • JD, Capital University Law School
  • BA, Fairfield University

Languages

  • English

Experience

World Trade Organization (WTO) Dispute Settlement

 

China – Certain Measures Affecting Electronic Payment Services (DS413) (Complainant: United States) (WT/DS413/R). Lead counsel for the United States in successful U.S. challenge to China's discriminatory measures affecting electronic payment services for card-based transactions in China, where the value of such transactions annually exceeds $1 trillion (the first WTO ruling to interpret the GATS Annex on Financial Services).

EC and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (DS316) (Complainant: United States) (WT/DS316/AB/R). Co-lead counsel for the United States in the WTO's longest appellate proceeding ever in which the Appellate Body upheld the panel finding of $18 billion in illegal European aircraft subsidies. The largest and among the most complex disputes ever litigated at the WTO.

United States – Sunset Reviews of Antidumping Measures on OCTG from Argentina (DS268) (Complainant: Argentina). Counsel to Argentine steel company and assisted Argentina in dispute with the United States regarding antidumping measures on imports of oil country tubular goods. Proceeding involved nearly every aspect of WTO dispute settlement: panel proceeding (WT/DS268/R) and Appellate Body review (WT/DS268/AB/R); arbitration under DSU Article 21.3 to determine implementation period (WT/DS268/12); compliance panel proceeding under DSU Article 21.5 (WT/DS268/RW); appeal of compliance panel report (WT/DS268/AB/RW); and arbitration proceeding under DSU Article 22.6 to determine the level of suspension of concessions and other obligations (i.e., retaliation). Successful resolution of case for client with the retroactive revocation of the order on Argentine OCTG.

United States – Antidumping Measures on Cement from Mexico (DS281) (Complainant: Mexico). Counsel to Mexican cement producer and assisted Mexico in dispute with the United States regarding a broad range of antidumping measures on cement imports. Dispute involved multiple trade remedy investigations, and administrative, sunset, and changed circumstances reviews. Among the largest trade remedy disputes ever litigated at the WTO, which matter ultimately settled on terms very favorable to client.

United States – Antidumping Measures on Oil Country Tubular Goods from Mexico (DS282) (Complainant: Mexico). Counsel to a Mexican producer of oil country tubular goods (OCTG) and assisted Mexico in dispute with the United States regarding the continuation of antidumping measures on Mexican OCTG imports. Dispute included a panel proceeding (WT/DS282/R) and Appellate Body review (WT/DS282/AB/R), and a compliance panel proceeding. Successful resolution of case for client with the retroactive revocation of the U.S. antidumping order on Mexican OCTG.

Japan – Measures Affecting Consumer Photographic Film and Paper (DS44) (Complainant: United States). Counsel to U.S. manufacturer in connection with all phases of the United States case against Japan regarding various market access barriers to the Japanese consumer photographic film market (WT/DS44/R).

 

Investment Treaty and Investor-State Arbitration

 

Orascom TMT Investments S.à.r.l. v. People's Democratic Republic of Algeria: Representing a Luxembourg telecommunications company in an ICSID arbitration arising under the Belgium/Luxembourg-Algeria BIT concerning a dispute in the telecommunications industry. The case is ongoing.

 

State-to-State Arbitration

 

Republic of Ecuador v. United States of America, PCA Case No. 2012-5 (state to state arbitration under the U.S.-Ecuador BIT) (USTR lawyer assisting the State Department team in defense of the United States in first state-to-state arbitration under a U.S. BIT).

 

Investment Treaty Negotiations

 

USTR lawyer for: 14 rounds of the negotiations of the investment chapter of the Trans-Pacific Partnership (TPP) trade agreement; several rounds of the U.S.-China BIT negotiations; and the 2009-2012 U.S. government review of the model used for negotiating U.S. BITs and investment protections in trade agreements that resulted in the 2012 U.S. Model BIT.

 

International Trade Litigation

 

United States v. Eurodif S.A., et al., 555 U.S. 305 (2009) (Counsel to amicus curiae in U.S. Supreme Court case involving the application of U.S. antidumping law to imports of low enriched uranium).

 

Speaking Engagements

36th Annual Conference on U.S.-Turkey Relations, Washington, DC, speaker on U.S. trade policy panel, May 22, 2017

White & Case Tokyo Executive Forum, January 25, 2017, speaker on panel on the U.S. agenda for international trade

Webinar, U.S. trade policy under the new administration, presenter, January 19, 2017

"International Arbitration of Cross-Border Commercial Disputes and Foreign Investment Disputes", Global Offset and Countertrade Association (GOCA) May 2013 Spring Conference

Publications

  • Our Most Important Exports: The Values Behind US Trade Agreements and the WTO, Law360, November 27, 2016
  • Growing Global Protectionism and the World Trade Organization (WTO): The WTO as Regulator of the National Regulators, Global Government Solutions 2014 Annual Outlook, February 2014
  • The Outlook for International Trade Negotiations in 2014: Ambitious and Potentially Historic, Global Government Solutions 2014 Annual Outlook, February 2014
  • Investing in Africa BIT by BIT, Law360, August 23, 2013
  • A Primer on WTO Dispute Settlement, Law360, July 2, 2013
  • Of Waves and Sunsets: Reflections on the Likelihood Determination in Department of Commerce Five-Year Review, International Trade Law Update, 2005 (co-author)
  • Flash of the Titans: A Picture of Section 301 in the Dispute Between Kodak and Fuji and a View Toward Dismantling Anticompetitive Practices in the Japanese Distribution System, 11 American University International Law Review, 847 (1996)