People

Naboth van den Broek

Partner

van den Broek, Naboth

Naboth van den Broek is an international trade, investment and market access lawyer. Mr. van den Broek's practice focuses on international dispute settlement, compliance and policy issues. He has particular experience representing clients in complex international trade and investment disputes at the World Trade Organization (WTO) and under other bilateral, regional and multilateral trade and investment treaties.  He also assists companies and governments in dealing with the full range of other international policy, market access and investment issues they face, both inward and outward facing, as well as trade and investment-related compliance, enforcement and investigations. Mr. van den Broek co-founded and helps lead the firm's multidisciplinary International Group. 

Mr. van den Broek is recognized as a leading practitioner in the international trade and investment area. He is also 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.

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. 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 dispute settlement practice 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; on EU constitutional, regulatory, trade and competition law issues; and with respect to global cartel, export control and sanctions, investment, and other compliance and enforcement issues.

Mr. van den Broek also advises clients on global market access, legislative and strategic policy and compliance issues in Europe, Asia, North and South America, and elsewhere, as well as at the WTO, at the United Nations, and in a range of other international fora. He has advised companies, associations and governments on a broad range of bilateral, regional and global negotiations around the world, including trade negotiations, investment, environmental negotiations, energy and climate change, and he 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. Beyond the trade and investment space, he also has particular experience working on global energy issues, global technology and innovation policy, as well as aviation, aeronautics and space.

Honors & Awards

  • Selected by his peers for inclusion in the 2017 edition of Best Lawyers in America
  • 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"
  • Noted by Legal 500 for International Trade (2013-2016) 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"
  • 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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December 30, 2016

President Obama Sanctions Russia Over Malicious Cyber-Enabled Activities

President Obama amended a previously-issued executive order designed to address cyber-enabled activities yesterday in response to “Russia's cyber activities [that] were intended to influence the election, erode faith in US democratic institutions, sow doubt about the integrity of our electoral process, and undermine confidence in the institutions of the US government.”

November 22, 2016

Brexit: Implications for State Aid/Control of Subsidies

A future Brexit is likely to have significant potential impact on the monitoring and control of subsidies or other forms of aid granted by the UK and/or the remaining EU-27 to individual companies or entire sectors of industry, or to promote specific policies.

August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

June 24, 2016

Brexit – Major Upheaval and Change

As the UK leaves the EU, in light of the seismic result of the recent United Kingdom referendum, there will be an immense amount to do, for the UK and the remaining EU, and for companies that are either based in, or have interests in the UK.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

January 19, 2016

Iran Nuclear Sanctions Relief Implemented: New Opportunities Await Non-US Companies, but Comprehensive US Transaction and Export Restrictions Remain in Effect

On January 16, 2016, the United States, its negotiating partners and Iran announced the arrival of Implementation Day for the Joint Comprehensive Plan of Action, to which the parties agreed on July 14, 2015 with respect to the Iranian nuclear program.

July 15, 2015

Final Deal Reached on Iran Sanctions Relief

On July 14, 2015, the United States and its P5+1 negotiating partners, together with Iran, announced the final terms of the Joint Comprehensive Plan of Action (JCPOA) concerning Iran’s nuclear program.

June 11, 2015

The American Lawyer Names Naboth van den Broek a Transatlantic Legal Rising Star

The American Lawyer has selected Partner Naboth van den Broek to its inaugural list of Transatlantic Rising Stars.

April 3, 2015

Executive Order Creates Cybersecurity Sanctions Framework

On April 1, 2015, President Obama issued an Executive Order authorizing the imposition of sanctions against designated individuals or entities found to be engaged in malicious cyber activity, including various forms of commercial espionage and trade secret theft.

April 1, 2015

WTO Law before the European Courts: The Increased Relevance of Treaty-Consistent Interpretation

An article, written in Dutch, by Naboth van den Broek and published in the Netherlands Journal of European Law (NTER), 3/2015. This article examines ways in which companies and other private parties can rely on World Trade Organization and other international treaty rules before the European Member State courts and Europe's highest court, the European Court of Justice.

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 EU and international legal and policy issues, 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. Prior to becoming a partner at WilmerHale, Mr. van den Broek (co-)founded and/or helped found several companies in widely diverging sectors.