“A recognised expert in both public and private international law, Mr. Norton has had extensive experience in a broad range of international commercial transactions, litigation, and arbitration.”
- Harvard Law School, J.D., cum laude, Editor-in-Chief, Harvard International Law Journal, 1975
- Oxford University, B. Phil., Rhodes Scholar, Thouron Scholar, Woodrow Wilson Fellow, 1972
- University of Pennsylvania, B.A., magna cum laude, Phi Beta Kappa, National Merit Scholar, 1969
Principal Areas of Practice
- Shareholder, Joint Venture, and Partnership Disputes
- International Sale of Goods
- Commercial Contracts
- Anti-corruption and Commercial fraud
- Investor-State Arbitrations
- District of Columbia bar (1975 – present)
- State bar of Georgia (1989 – 1995; currently inactive)
- Registered foreign lawyer in China (1999 – 2005)
- Registered foreign lawyer in UK (2012 – 2014)
- Member of Arbitration Chambers (2018 – present)
- Independent Arbitrator (2015 – present)
- Steptoe & Johnson LLP, Partner: Washington, DC (2006 – 2014); London (2012 – 2014); Co-chair, International Arbitration Practice Group (2012 – 2014)
- O’Melveny & Myers, Partner: Shanghai (1999 – 2002); Beijing (Managing Partner 2002 – 2005); Washington (2005 – 2006)
- Alston & Bird, Partner: Atlanta (1989 – 1994), Washington, DC (1994 – 1999)
- United States Department of State, Office of the Legal Adviser: Deputy Director for Iran Claims (1982 – 1984); Assistant Legal Adviser for East Asia and the Pacific (1984 – 1988); Assistant Legal Adviser for Near East and South Asian Affairs (1988 – 1989)
- Covington & Burling, Associate (1978 – 1982)
- United States Senate, Counsel, Select Committee on Intelligence (1977 – 1978)
- United States Department of State, Office of the Legal Adviser, Attorney-Adviser for East Asia and Pacific Affairs (1975 – 1977)
Nominations as Arbitrator
- Party-appointed arbitrator, Cayman Islands company vs Chinese company, share subscription agreement, HKIAC, 2020-22, pending.
- Party-appointed arbitrator, Singapore and Cayman Islands companies vs Korean company, M&A dispute, HKIAC, Award issued 2022.
- Party-appointed arbitrator, Chinese financial institutions vs U.S. and BVI financial institutions, purchase price adjustments for M&A transactions. HKIAC Rules, Hong Kong, 2019; settled pre-hearing 2021.
- Sole arbitrator, Chinese supplier vs Korean purchaser, unpaid commercial debts. KCAB Rules, Seoul. Award issued 2019.
- Sole arbitrator, product liability/insurance dispute between US manufacturer and Taiwan supplier. CPR Rules, New York. Award issued 2019.
- Chairman of three-arbitrator tribunal for dispute between U.S. financial institutions. JAMS Rules; New York; 2017-2018; settled pre-hearing.
- Party-appointed arbitrator in commercial dispute between U.S. company and European company. ICDR Rules, Washington, DC. Award issued 2016.
- Sole arbitrator in investment dispute between U.S. company and East Asian company. CPR Rules, Wilmington, DE. Award issued 2016.
- Party-appointed arbitrator, commercial dispute between European and East Asian companies, ICC Rules, Singapore. Award issued 2015.
- Party-appointed arbitrator, commercial dispute between U.S. private equity fund and Chinese company. HKIAC Rules, Hong Kong. Award issued 2015.
- Chairman of three-arbitrator tribunal for claims arising out of a European MNC’s investment in a Korean JV. ICC Rules; hearings in Seoul and Hong Kong; award issued 2013.
- Sole arbitrator in three arbitrations in Beijing and Shanghai between foreign investors and Chinese companies. ICC Rules, 2002-05. Hearings and awards in two cases; third case settled.
- Party-appointed arbitrator, dispute involving international investments in Kazakhstan oil fields. UNCITRAL Rules, Washington, DC. Award issued 2001.
- Party-appointed arbitrator, dispute between US and Chinese joint venture partners concerning manufacturing facility in southern China. ICC Rules, Stockholm; hearings in Shenzhen, China; award issued 1999.
- Chairman of three-arbitrator panel in dispute between US weapons manufacturers and Latin American government. AAA Rules, Atlanta. Award issued 1990.
Experience in Practice
International Commercial Arbitration: Experience as Counsel and Expert Witness
- Expert witness (FCPA issues) in related arbitration and mediation between U.S. parties and European-owned conglomerate, JAMS Rules, New York, 2019-21.
- Represented US manufacturer in $80 million dispute with Indian manufacturer concerning component supplies for wind power turbines. ICDR Rules; New York; Preceded by unsuccessful mediation in London; favorable award received 2013.
- Represented US importer in three arbitrations brought against Chinese suppliers of electronic products. CIETAC Rules, Beijing and Shanghai. Favorable awards in all three cases, 2004-05.
- Represented Japanese manufacturer in HKIAC arbitration in Hong Kong against Chinese joint venture partner. Dispute settled on favorable terms, 2005.
- Represented a NYSE-listed Chinese company in interrelated S.D.N.Y. litigation and London (LCIA) and Singapore (SIAC) arbitrations. Disputes settled on favorable terms.
- Advised foreign receivers of a $250 million real estate development project in China regarding litigation in China, the UK, and the Caribbean, and related arbitration proceedings (ICC) in Paris.
- Represented German manufacturer in ICC arbitration in Zürich against the Government of Iraq for equipment purchased prior to the First Gulf War. Represented same client in US litigation to compel payments by Italian bank pursuant to letters of credit securing payment of arbitral award. Client was awarded its claims in full and collected the awards pursuant to letters of credit in the US.
State-to-State and Investor-State Disputes
- US State Department: Led US Government team representing the United States in Nicaragua vs. United States, International Court of Justice (1985 – 1986); responsible for all written briefs and oral arguments in preliminary measures and jurisdiction phases of case.
- US State Department, Deputy Director of Iran Claims (1983 – 1984): Represented the United States in 130 arbitrations with Iran involving US$30 billion in claims. Successfully argued three of the largest cases, including two heard by the full Iran-US Claims Tribunal.
International sale of goods and trade remedy disputes
- Represented German automobile manufacturer in Chinese antidumping investigation of auto imports into China.
- Represented U.S. agricultural interests in Chinese antidumping investigation of chicken product imports into China.
- Represented leading Japanese steel manufacturers in Chinese antidumping investigation of stainless steel imports into China; multiple written and oral proceedings over five years.
- Represented leading Japanese chemical manufacturer in Chinese antidumping investigation of PVC supplies imported into China.
- Represented Russian steel manufacturers in Chinese antidumping investigation of steel imports into China.
- Represented U.S. paper manufacturer in Chinese antidumping investigation of the importation of certain kinds of paper into China.
- Represented various Chinese steel manufacturers in four US antidumping investigations of their import of products into the US. Favorable results in all four cases.
Cross-border mergers, acquisitions, and joint ventures
- Represented US private equity fund in sale of two Chinese companies to Chinese manufacturer.
- Represented numerous U.S. companies in investments in China either as joint ventures or wholly foreign-owned enterprises.
- Represented leading Japanese beverage producer in a series of US acquisitions.
- Represented several UK manufacturers in multiple corporate acquisitions across the United States.
- Represented leading US telecom company in negotiating a joint venture with leading Japanese telecom companies concerning manufacture and sale of cyber-security products in Japan.
Corporate Governance and Anti-Corruption
- Advised the Board of Directors of a NYSE-listed company in a U.S. criminal investigation of the company’s sales in more than 20 countries in Europe, Asia, and Latin America for compliance with the U.S. Foreign Corrupt Practices Act (FCPA). Coordinated the company’s investigation with parallel US Government and host country government criminal investigations.
- Advised the Board of Directors of a FTSE-listed UK company in a U.S. criminal investigation of a US subsidiary’s sales in more than 30 countries in Europe, the Middle East, Asia, and Africa for FCPA compliance. Negotiated settlement of all US charges against the company and coordinated responses to inquiries from customers and governments in other countries, including India and China.
- Conducted more than 20 internal corporate investigations of FCPA compliance issues in China, India, Korea, Vietnam and other Asian countries, principally for U.S. companies in the pharmaceutical, medical equipment, consumer products, and high tech industries.
- Counseled US and European banks re FCPA compliance issues arising out of capital investments in China, the use of European emission credits from Chinese energy production industry, and the hiring of children of Chinese government officials.
Public international law
- Counseled European state-owned company concerning availability of sovereign immunity defenses in U.S. litigation arising out of World War II claims.
- Mediated final resolution of long-standing boundary dispute between Egypt and Israel at Taba (as State Department official).
- Mediated U.S. and Israeli claims against Egypt for border guard’s attacks on tourists (as State Department official).
- Responsible for all U.S. legal responses to Soviet shoot-down of KAL007, including claims against the USSR and international aviation rights (as State Department official).
- Responsible for legal aspects of U.S. policy re transition from Marcos to Aquino administrations in the Philippines; U.S. President’s personal representative to former Philippine President Marcos in Hawaii (as State Department official).
- Prepared U.S. Government policy on resolution of legal issues arising out of the Korean Armistice Agreement (as State Department official).
- Leading role in resolving Chinese Government’s sovereign immunity claims in US litigation (as State Department official).
- Leading role in the legal planning and preparation for normalization of diplomatic relations with China (as State Department official).
Patrick has been appointed to the following panels:
- International Chamber of Commerce (ICC)
- Hong Kong International Arbitration Centre (HKIAC)
- London Court of International Arbitration (LCIA)
- International Centre for Dispute Resolution (ICDR)
- International Institution for Conflict Prevention and Resolution (CPR)
- China International Economic and Trade Arbitration Commission (CIETAC)
- Beijing Arbitration Centre (BAC)
- Asian International Arbitration Centre (AIAC)
- Korean Commercial Arbitration Center (KCAB)
- Singapore International Arbitration Centre (SIAC)
- Shanghai International Arbitration Centre (SHIAC)
- Shenzhen Court of International Arbitration (SCIA)
Research, Publications & Lectures
- Author, "Conflicts on the Belt & Road: China's New Dispute Resolution Mechanism," 8 J. Indian Arb. L. 82 (2019).
- Author, “The Role of Precedent in the Development of International Investment Law,” 33 ICSID Review 280 (2018).
- Author, “China’s Belt and Road Initiative: Challenges for Arbitration in Asia,” 13 U. Pa. Asian L. Rev. (2018), https://scholarship.law.upenn.edu/air/.
- Author, “The Use of Precedents in Investment Treaty Arbitration Awards,” 25 Am. Rev. Int’l Arb. 167 (2014).
- Author, “Anti Corruption Risks: Complying with the United States Foreign Corrupt Practices Act,” in K. Cutshaw, M. Burke and C. Wagner (eds.), Doing Business in China (4th ed. 2014; 3d ed. 2009)
- Author, “When Prevention Fails: Internal Investigations and Disclosure Issues,” in The Foreign Corrupt Practices Act 2009 (Practising Law Institute, April 2009)
- Co-author, “The Foreign Corrupt Practices Act: Nuts and Bolts of Conducting an Internal Investigation,” in The Foreign Corrupt Practices Act 2008: Coping with Heightened Enforcement Risks 293 (Practising Law Institute, 2008)
- Author, “China” in Anti-Corruption 2007 (London 2007)
- Author, “Informal Dispute Settlement Approaches,” in M. Moser (ed.), Managing Business Disputes in China Today 19 (Kluwer, 2007)
- Co-editor, The International Lawyer’s Deskbook (ABA; L. Low, P. Norton & D. Drory (eds.), 1 ed. 1995, 2 ed. 2001)
- Co-author, “International Payment Methods” in Low et al. (eds.), The International Lawyer’s Deskbook 83 (2nd ed. 2002)
- Co-author, China Trade Law & Practice (looseleaf, Cameron May, London 2000-05)
- Author, “The Foreign Corrupt Practices Act Dilemma,” China Bus. Rev 16 (Nov-Dec 2006)
- Author, “Chinese Trade and Investment Disputes: Offshore Options,” in I J. Cohen, N. Kaplan, P. Malanczuk, D. Fung, and S.C. Wang (eds.), Arbitration in China: A Practical Guide 95 (2004)
- Co-author, “Mergers and Acquisitions in China: Finding a Route Through the Maze,” in Mergers and Acquisitions 2003-04 (Global Counsel Handbooks 2004)
- Author, “The Foreign Corrupt Practices Act and Business in China,” 18 China Law & Practice 15 (2004)
- Co-author, “China’s New Anti-Dumping Rules: Battleground for New Protectionism?” 16 China Law & Practice 79 (2002)
- Co-author, “Defending Dumping Claims: Exporters to China Beware,” 14 China Law & Practice 1 (2000)
- Author, “Back to the Future: Expropriation and the Energy Charter Treaty,” in T. Wälde (ed.), The Energy Charter Treaty (1996)
- Author, “Ending the Korean Armistice Agreement: The Legal Issues,” (Nautilus Institute 1997)
- Author, “A Law of the Future or a Law of the Past? Modern Tribunals and the International Law of Expropriation,” 85 Am. J. Int’l L. 474 (1991)
- Author, “The Nicaragua Case: Political Questions Before the International Court of Justice,” 27 Va. J. Int’l L. 459 (1987)
- Author, “Between the Ideology and the Reality: the Shadow of the Law of Neutrality,” 17 Harv. Int’l L. J. 249 (1976)
- Moderator, “Anti-Corruption Compliance in Today’s Law Firm,” Inter-Pacific Bar Association’s 27th Annual Meeting, Auckland, New Zealand, 2017
- Moderator, “Corporate Criminal Liability and Anti-Corruption Laws,” Inter-Pacific Bar Association’s 27th Annual Meeting, Auckland, New Zealand, 2017
- Moderator, “Compliance with Anti-Corruption Laws,” Inter-Pacific Bar Association’s 25th Annual Meeting, Vancouver, Canada, 2014
- Co-Chair of the first five annual Anti-Corruption Conferences, held in Shanghai 2004-08, organized by the American Conference Institute
- “How to Run an Internal Anti-Corruption Investigation in China,” ACI's International Conference on the Foreign Corrupt Practices Act, Washington, DC, November 19, 2014
- “Managing Bribery and Corruption Risks in China,” Webinar, Washington, DC, July 15, 2014
- “Building the Defense: Contrasting Multi-Jurisdictional Defense Strategies Against Bribery and Corruption Allegations,” Forum on Anti-Corruption, London, June 26, 2013
- “Risk and Opportunity in New Markets,” Dow Jones Risk & Compliance Event, London, June 6, 2013
- “Anti-Corruption Enforcement and Legislation,” Inter-Pacific Bar Association 23rd Annual Meeting, Seoul, Korea, April 26, 2013
- “The United States Foreign Corrupt Practices Act,” Seoul, Korea, January 18, 2013
Professional Activities and Qualifications
- Presidential Distinguished Service Award: one of 32 US Government employees awarded highest public service award by President George H.W. Bush (1989)
- Presidential Meritorious Service Award: one of 64 US Government employees awarded second highest public service award by President Ronald Reagan (1988)
- Member, ICC Institute of World Business Law
- Member, Council on Foreign Relations (2007 – present)
- Member, National Committee on US-China Relations (2006 – present)
- Shanghai American Chamber of Commerce: Board of Governors (2000 – 2001); Vice-Chair, Legal Committee (2000 – 2001)
- American Bar Association: Section of International Law and Practice, Council Member (1996 – 1999, 2007 – 2008), Publication Chair (1996 – 1999), Budget Officer (1998 –1999)
- Inter-Pacific Bar Association (1989 – present)
- Proficient Mandarin Chinese
- Proficient Written Chinese
- Functional French
- Functional German