Jonathan Stoel

Firm/Organization: Hogan Lovells

Latest Articles

The European Parliament Votes to Remove Investor-State Arbitration from the Trans-Atlantic Trade and Investment Partnership (TTIP) Negotiations

By Markus Burgstaller, Jonathan Stoel & Michael Jacobson on July 16, 2015

On 8 July 2015, the European Parliament voted favorably on a non-binding resolution that approves of the negotiation of the Transatlantic Trade and Investment Partnership (TTIP), an international trade and investment agreement between the United States and the European Union. Importantly, however, the resolution also supports the removal of investor-state arbitration from the TTIP. The European Parliament instead recommends to the European Commission negotiators framing the TTIP with their U.S. counterparts that investor-state arbitration be…

Focus on Regulation

U.S. Loses Appeal of WTO Ruling on COOL, Raising Risk of Retaliation Unless COOL Is Repealed

By Beth Peters, Craig Lewis, Warren Maruyama, Jonathan Stoel & Wes Carrington on May 20, 2015

The WTO Appellate Body on May 18, 2015, publicly released a report upholding earlier findings that the United States has violated WTO rules in applying country of origin labeling (COOL) to beef, pork, and other meat products. This latest ruling may result in repeal of the U.S. COOL requirements. Read More: U.S. Loses Appeal of WTO Ruling on COOL, Raising Risk of Retaliation Unless COOL Is Repealed…

Focus on Regulation

Senate ENFORCE and House PROTECT Bills Could Subject U.S. Importers to New Antidumping and Countervailing Duty Evasion Allegations

By Craig Lewis, Jonathan Stoel, Wes Carrington & Timothy Ford on April 24, 2015

As part of a package headlined by the Hatch-Wyden-Ryan bill to restore trade promotion authority, the Senate Finance Committee held an April 22, 2015 mark-up of an original customs and enforcement bill containing the Enforcing Orders and Reducing Customs Evasion (ENFORCE) Act. The ENFORCE Act creates procedures for a federal agency or interested party to make good faith allegations of a company’s evasion of antidumping (AD) and countervailing duty (CVD) orders to U.S. Customs and…

Focus on Regulation

New Trade Promotion Authority Bill Increases Prospects for Significant Trade Deals With the Pacific Region and Europe

By Robert Kyle, Warren Maruyama, Jonathan Stoel & Timothy Ford on April 22, 2015

After months of behind-the-scenes negotiations, on April 16, 2015, Senate Finance Committee Chairman Orrin Hatch (R-Utah), Finance Committee Ranking Member Ron Wyden (D-Ore.), and House Ways and Means Committee Chairman Paul Ryan (R-Wis.) introduced legislation, S. 995 and H.R. 1890, to restore trade promotion authority (TPA). The TPA bill provides the administration with negotiating objectives for future trade agreements and allows it to submit implementing legislation for the final agreement to Congress for an up-or-down…

ARBlog

TTIP Negotiations To Become More Transparent

By Markus Burgstaller, Lourdes Catrain, Jonathan Stoel & Jonathan Ketcheson on December 8, 2014

The European Commission has announced new measures to make the negotiation of the Transatlantic Trade and Investment Partnership (“TTIP”) with the United States more transparent. This move comes after criticism of the opaqueness of the process. This increased transparency presents opportunities for businesses, both to plan for TTIP and, potentially, to seek to change it while it is still under negotiation. Background If and when it enters into force TTIP is set to have a…

Focus on Regulation

Court Finds Potential Personal Liability for a Company’s Import Violations

By Craig Lewis, Chandri Navarro, Jonathan Stoel, Lewis Leibowitz & Wes Carrington on October 15, 2014

The U.S. Court of Appeals for the Federal Circuit has ruled in a new en banc decision that individuals employed by importers, or corporations that are not the “importer of record,” may be liable under civil penalty laws because of their role in introducing articles into U.S. commerce. This decision represents an important increase in the risk faced by individuals working for importing companies and other firms in the global supply chain. Read More: Court …

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Germany Reverses its Support for Investor-State Dispute Settlement in the Transatlantic Trade and Investment Partnership (TTIP)

By Jonathan Stoel, Markus Burgstaller & Michael Jacobson on April 1, 2014

Germany has announced that it is opposing the inclusion of investor-state dispute settlement (ISDS) in the TTIP. Brigitte Zypries, a German junior Economy Minster, recently advised the German parliament that “special investment protection rules are not necessary” in the TTIP because “US investors in the European union have sufficient legal protection in the national courts.” This announcement will present another complication for TTIP investment negotiators, particularly as France has previously expressed its opposition to including…

Focus on Regulation

Germany Reverses its Support for Investor-State Dispute Settlement in the Transatlantic Trade and Investment Partnership (TTIP)

By Jonathan Stoel, Markus Burgstaller & Michael Jacobson on March 28, 2014

Germany Reverses its Support for Investor-State Dispute Settlement in the Transatlantic Trade and Investment Partnership (TTIP) Germany has announced that it is opposing the inclusion of investor-state dispute settlement (ISDS) in the TTIP. Brigitte Zypries, a German junior Economy Minster, recently advised the German parliament that “special investment protection rules are not necessary” in the TTIP because “US investors in the European union have sufficient legal protection in the national courts.” This announcement will present…

ARBlog

U.S. Supreme Court decides first case related to international investment treaty arbitration

By Jonathan Stoel & Michael Jacobson on March 24, 2014

The United States Supreme Court (the “Court”), on 5 March 2014, issued its first decision in the area of international investment treaty arbitration. The Court, by a 7-2 majority, decided BG Group PLC. v. The Republic of Argentina in favor of BG Group. The Court effectively elected not to second-guess procedural rulings made by investment treaty tribunals. The Court reversed the U.S. Court of Appeals for the D.C. Circuit’s ruling that an UNCITRAL tribunal lacked…

Focus on Regulation

Landmark WTO Trade Facilitation agreement promises to streamline customs clearance procedures around the world

By Lewis Leibowitz, Craig Lewis, Chandri Navarro, Jonathan Stoel & Samantha Sewall on December 9, 2013

On Saturday, 7 December 2013, the Ninth Ministerial Conference of the World Trade Organization (WTO) announced the successful conclusion of an agreement on Trade Facilitation (Agreement) — an agreement that is intended to streamline customs clearance procedures around the world by imposing new multilateral disciplines on customs procedures in all member countries. The Agreement imposes basic globally applicable principles for transparency, due process, and reasonableness in the development and implementation of customs clearance requirements. Please…