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International Trade and WTO

Harnessing opportunities and mitigating risks

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Our international trade group is dedicated to assisting clients in maximising the opportunities and minimising the risks deriving from the ever increasing regulation of international trade in goods and services.

Our trade team is comprised of seasoned private practitioners from across our competition, regulation and trade, corporate crime and investigations, and disputes practices, and includes a former head of Trade Policy and WTO law at the European Commission’s Legal Service. We have extensive experience advising both companies and sovereign governments on matters across the full spectrum of international trade law, including:

  • WTO law – acting in WTO dispute settlement proceedings and WTO trade negotiations, as well as developing strategies for our clients to best use WTO law in order to achieve practical results outside the context of formal dispute settlement;
  • Trade policy – assisting international companies and government bodies with international trade negotiations, whether in the framework of WTO negotiations, free trade agreements or bilateral treaties;
  • Trade Agreements – acting in dispute settlement proceedings under EU free trade and economic partnership agreements;
  • Investor-state dispute settlement – acting for investors as well as for respondent States;
  • Brexit advice – advising WTO members on the impact of Brexit on their EU trade agreements as well as rolled-over EU trade agreements with the UK post-Brexit;
  • International subsidy control – managing disputes concerning subsidies under international agreements, including the WTO agreements, and representing clients in relation to proceedings under the EU’s subsidy control regime and the new international subsidy control framework under the EU-UK Trade and Cooperation Agreement;
  • Economic sanctions and export controls – advising on EU financial and trade sanctions as well as on EU export control regimes (military and dual-use goods). For more information on our capabilities and to download a copy of our Sanctions flyer, please visit our Sanctions page;
  • Customs issues – assisting clients with a range of customs issues relating to inter alia, tariff classification, rules of origin, special customs procedures and payment and repayment of duties;
  • Market access issues – advising both EU and non-EU international companies on strategic issues pertaining to their EU market access;
  • Trade defence instruments – routinely advising clients on specific aspects of both EU and WTO anti-dumping and anti-subsidy rules, as well as representing clients in proceedings before the EU Courts.

Furthermore, our team are not only experts in international trade law but also in all aspects of EU law, aimed at either implementing the EU's international trade obligations or regulating EU import and export flows of goods and services. This means that our trade team benefits from the necessary experience and expertise to provide comprehensive advice to companies operating in and/or exporting to the EU and to help them navigate the intricate network of international trade-related rules, whether defined at international, EU or national level.

Recent Experience

PROSPERITY UK

Advice and assistance to the Alternative Arrangements Commission on EU and international trade law issues in relation to the Irish Backstop and other elements of the Withdrawal Agreement Alternative Arrangements for the Irish Border

UNITED CARTON INDUSTRIES COMPANY

In an anti-dumping investigation concerning cardboard paper initiated by the Gulf Cooperation Council

A SOVEREIGN WEALTH FUND

Advice on the market economy status of China in the discussions in the WTO and more generally in relation to the approach adopted by the US and the EU

BREXIT ADVICE

Advice and assistance to several public and private entities on the potential consequences of Brexit for the future trade relationship between the EU and the UK and the UK and third countries

SOVEREIGN GOVERNMENTS

Representing a number of confidential sovereign governments in ongoing, high-profile WTO dispute settlement proceedings

FREE TRADE AGREEMENTS

A number of international companies in relation to the interpretation and implications of the Trans-Pacific Partnership Agreement (TPPA) and the Comprehensive Economic and Trade Agreement (CETA)

Accolades

Tier 1 for EU and Competition: Trade, WTO, Anti-Dumping and Customs

Legal 500 UK 2022
Lode Van Den Hende

Partner Lode Van Den Hende is recognised as a "Leading Individual" for Trade, WTO, Anti-dumping and Customs

Legal 500 UK 2022
Lode Van Den Hende

Partner Lode Van Den Hende is recommended for Trade & Customs

Who's Who Legal 2020
Morris Schonberg

Senior Associate Morris Schonberg is recognised as a "Rising Star" for Trade, WTO, Anti-dumping and Customs

Legal 500 UK 2022

Insights and updates

31st May 2022
The flood of post-Ukraine sanctions signals shifting Western calculations but the aftermath risks lasting damage...
30th June 2022
We are pleased to announce the launch of the sixth edition of Herbert Smith Freehills’...
20th October 2021
Resolving the simmering post-Brexit dispute over the Northern Ireland Protocol is proving as tough as...
18th October 2021
Brussels' proposed Carbon Border Adjustment Mechanism risks controversy at COP26 and conflict in the WTO...

Our People

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Competition, Regulation and Trade

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Antitrust

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Competition disputes

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Economic regulation

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EU law and litigation

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Foreign investment regulation

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Merger Control

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State Aid and Subsidy

State Aid and Subsidy Control

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