Frank Schweitzer's practice focuses on international trade and investment law, trade remedy proceedings and trade related investigations before administrative agencies, and the resolution of international trade and investment disputes through litigation and arbitration.
His experience includes antidumping, countervailing duty, and safeguard proceedings, trade related litigation and appeals before US courts, market access disputes, World Trade Organization dispute settlement and counseling, trade negotiations, and investment treaty arbitrations (ICSID and UNCITRAL). Frank counsels clients on matters arising under US trade laws, the WTO agreements, bilateral investment treaties, and bilateral, regional, and sectoral trade and investment agreements (NAFTA, CAFTA-DR, and the Energy Charter Treaty). His industry experience is broad and includes a range of consumer goods and industrial products, high technology sectors, energy and natural resources, and financial services.
Frank also has government experience as a litigator, legal adviser, and treaty negotiator. From 2009–2013 Frank was 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 WTO litigation matters before dispute settlement panels and the Appellate Body. He also served as USTR legal counsel in trade agreement and investment treaty negotiations.
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.
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).
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
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)