People

Naboth van den Broek

Partner

van den Broek, Naboth

Naboth van den Broek is one of the leading international trade and investment lawyers in the world. Ranked by Chambers USA, The Legal 500, and Best Lawyers in America, competitors and clients recommend him for his “insightful advice," "great quality of drafting," "understanding of clients' needs," "profound and vast understanding of international trade law," as well as his handling of "trade disputes, including WTO cases." His practice focuses on international dispute settlement, particularly at the WTO, global trade and investment policy, as well as strategic and negotiations advice, and complex trade and investment compliance, enforcement and investigations.

In addition to his personal practice, Mr. van den Broek also co-founded and co-leads the firm's multidisciplinary International Group, which focuses on the full range of international and cross-border legal, compliance, and policy issues that clients face, including trade and investment, international dispute settlement and arbitration, complex global investigations, compliance, enforcement, international antitrust, M&A and transactions, and global intellectual property rights enforcement and protection. He also previously helped found the firm's European Regulatory and Government Affairs Group and India and Southeast Asia Practice. In addition to his legal practice, Mr. van den Broek is a Senior Distinguished Fellow at the Institute of International Economic Law and adjunct professor of International Trade and Investment Law at Georgetown University Law Center. He is a regular speaker on topics relating to global trade and investment, public international law, international relations, and international compliance and has published widely on these and other topics. 

Practice

Complex international dispute settlement, under WTO, NAFTA, and other regional and bilateral treaty-based rules, has long been a key focus of Mr. van den Broek's practice. Unique among private practitioners, Mr. van den Broek has been involved in almost four dozen WTO disputes, as well as in large-scale investment, commercial and other international disputes and arbitrations. Mr. van den Broek's WTO dispute settlement experience includes acting as counsel to parties, third parties or the private sector in cases such as Argentina-Import Measures, China-Raw Materials, US- and EC-Aircraft, EC-IT Products, China-Publications and Audiovisual Products, China-IPR, China-Auto Parts, EC-Bananas, US-, EC- and Japan-DRAMS, US-Gambling, US-FSC, EC-Sugar and EC-Asbestos. His experience spans the full range of WTO issues, including subsidies, import and export licensing and quotas, energy and natural resources, services, technology, investment and local content issues, technical barriers to trade (TBT), sanitary and phytosanitary (SPS) measures, Intellectual Property (TRIPS), customs, national-treatment and most favored nation issues, transparency, agriculture and government procurement. Mr. van den Broek has also advised clients under a range of other treaty- and contract-based dispute settlement and arbitration regimes, including with respect to bilateral and regional investment treaty protection; in international commercial arbitration; and with respect to global cartel, export control and sanctions, investment, and other compliance, (internal) investigations, and enforcement issues in the United States, Europe, and elsewhere.

In addition to his dispute settlement practice, Mr. van den Broek also advises clients on global market access, legislative and strategic policy, and compliance and enforcement issues. He has advised companies, associations and governments on compliance issues and related enforcement and investigations, including in the areas of global sanctions and export control policy, anti-corruption and FCPA, and global cartel investigations. He has also advised clients on a broad range of bilateral, regional and global negotiations around the world, including trade negotiations, investment, environmental negotiations, large-scale M&A and other corporate transactions, and energy and climate change. He played a key role advising innovative energy and technology companies and others in the negotiations that led up to the Paris Climate Agreement, and provides strategic and legal advice to clients on the use and development of WTO and other bilateral and multilateral trade and investment rules to open markets, resolve disputes and achieve their legislative, regulatory, public policy and commercial objectives. He has helped clients develop and implement global and transnational advocacy and policy strategies in a range of sectors and supported by WTO and/or other international or domestic law regimes, and has particular experience working on global energy issues, global technology and innovation policy, as well as aviation, aeronautics, (advanced) manufacturing, and space. He has also advised companies on legal and policy issues that arise in the context of large-scale international transactions, investments, corporate crises, and complex and sensitive cross-border M&A deals. 

In terms of trade and investment negotiations, Mr. van den Broek has counseled clients in the context of virtually all of the major recent negotiations, including the Trans-Pacific Partnership (TPP) and Transatlantic Trade & Investment Partnership (TTIP) negotiations, as well as the EU-Japan, EU and US-Korea, and various other recent EU and US FTA and investment negotiations, as well as those of a number of other countries.

Honors & Awards

  • Recognized as a leader in international trade in the 2017 edition of Chambers USA: America's Leading Lawyers for Business  and recommended for his “insightful advice," "great quality of drafting," "understanding of clients' needs," "profound and vast understanding of international trade law," and handling of "trade disputes, including WTO cases."
  • Selected by his peers for inclusion in the 2017 and 2018 editions of Best Lawyers in America
  • Noted by Legal 500 for international trade (2013-2017) and recommended as “very good” for his work on WTO disputes and in other international trade law and policy issues
  • Noted by Chambers Global 2016 as a "key contact on matters relating to the EU"
  • Selected as a 2015 Transatlantic Legal Rising Star by The American Lawyer
  • Named a 2014 "Rising Star" in international trade law by Law360
  • Named (twice) to Law360's list of "10 international trade lawyers under 40 to watch"
  • Distinguished Senior Fellow, Institute of International Economic Law, Georgetown University Law Center (since 2013)
  • Fellow, Institute of International Economic Law, Georgetown University Law Center (2000-2001)
  • Fulbright Scholar (2000-2001)

Publications & News

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April 3, 2018

USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs

On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22 Presidential Memorandum directing action pursuant to Section 301 of the Trade Act of 1974.

March 23, 2018

New Presidential Proclamations Amend Section 232 Tariffs on Steel and Aluminum Imports, Including Temporary Exemptions for Wider Group of Countries

Yesterday, President Trump issued new Proclamations regarding Section 232 tariffs on steel and aluminum, amending the original Proclamations (9704 and 9705) issued on March 8.

March 23, 2018

President Trump Directs Action as a Result of USTR's Section 301 Investigation on China's Laws, Policies, Practices, or Actions Related to Technology Transfer, Intellectual Property, and Innovation

Yesterday, President Trump signed a Presidential Memorandum regarding China's technology transfer, intellectual property, and innovation-related laws, policies, practices, and actions.

March 19, 2018

U.S. Department of Commerce Provides Further Guidance Regarding the Process for Submitting Exclusion Requests to the Section 232 Tariffs on Steel and Aluminum Imports

The U.S. Department of Commerce has published an interim final rule establishing procedures by which organizations may submit requests for exclusions from the Section 232 tariffs.

March 9, 2018

President Trump Issues Proclamation Imposing Tariffs on Steel and Aluminum Imports

Yesterday President Trump signed two Proclamations that impose 25 and 10 percent tariffs on imports of certain steel and aluminum products, respectively, other than those imported from Canada and Mexico.

March 6, 2018

President Trump Expected to Impose Section 232 Tariffs on Steel and Aluminum Imports

President Trump stated on March 1 that his administration would impose a 25 percent tariff on steel imports and a 10 percent tariff on aluminum imports for an indefinite period.

September 18, 2017

EU to Establish a Framework for Screening Foreign Direct Investment

On September 13, 2017, the European Commission issued a proposal for a Regulation establishing a framework for screening foreign direct investment in the European Union.

August 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

June 22, 2017

The Brexit Negotiations (2): What is the UK's Opening Position

This is our second Alert on the Brexit negotiation, which started on Monday, June 19, 2017. Having outlined the EU's opening position, we now turn to that of the United Kingdom.

June 20, 2017

The Brexit Negotiations (1): What is the EU's Opening Position?

The Brexit negotiations started yesterday. After months of speculation as to what will be their focus, it may be useful to recall the European Union's opening position and the United Kingdom's opening position.

Professional Activities

Mr. van den Broek is an Adjunct Professor of International Trade & Investment Law at Georgetown University and a Distinguished Senior Fellow at the university's Institute of International Economic Law (IIEL). He is also a member of numerous professional, academic and civic organizations and boards, and has published and spoken on a range of  international legal and policy issues, trade and investment law, energy, and innovation and technology policy.

Mr. van den Broek began his career as an attorney in the EU and WTO group of a major European law firm, where he worked in the Paris, Brussels and Amsterdam offices.

Mr. van den Broek studied law at Leiden University in The Netherlands. He focused on international political economy, international relations, and global strategy at the Rheinische Friedrich-Wilhelms Universität in Bonn and the Institut d'Etudes Politiques in Paris, and obtained an LLM degree at Georgetown University Law Center in Washington DC where he was a Fulbright student, fellow of the Institute of International Economic Law and graduate assistant to its director, Prof. John H. Jackson. Mr. van den Broek has published and spoken on a range of EU and international legal and policy issues, as well as energy, technology and innovation policy. Mr. van den Broek (co-)founded and/or helped found several companies in widely diverging sectors and has acted as an advisor to several company CEOs and boards.

Practices

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Education

LLM, Georgetown University Law Center, 2001

JD, Leiden University, 2000

Paris Institute of Political Studies (Sciences Po)

Bar Admissions

Amsterdam

Brussels (EU List)

Washington, DC (Foreign Legal Consultant)

Languages

Dutch

English

French

German

Spanish (Basic)

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