Brian Bombassaro | People | Arnold & Porter

Brian Bombassaro advises on legal and policy matters encompassing international trade, investment, and finance. In 2020, he returned to Arnold & Porter after serving as International Trade Counsel to the United States Senate Committee on Finance.

Brian is fluent in Spanish and Portuguese, and he practices in each language. He is a Member of the Bretton Woods Committee and a Term Member of the Council on Foreign Relations.

In his international trade practice, Brian advises on international trade laws and agreements. From 2017 to 2019, he advised the Chairman of the U.S. Senate Finance Committee on legal and political aspects of international trade issues, including U.S.-China trade relations, tariffs imposed under national security laws, and trade agreement negotiations. In private practice, his clients have included a financial services provider, a global technology business, and metals manufacturers. Previously, he interned with the Office of the U.S. Trade Representative (USTR) and U.S. International Trade Commission (USITC).

In his international investment practice, he serves as counsel to sovereign governments and private investors in matters of foreign investment law and dispute resolution. His practice in this area centers on advocacy in arbitration proceedings under investment treaties, often before the World Bank's International Centre for Settlement of Investment Disputes (ICSID).

In his finance practice, he advises sovereign borrowers as well as creditors to sovereign governments on the negotiation, implementation, enforcement, and restructuring of financial agreements, including capital markets instruments (registered and under Rule 144A/Regulation S), credit agreements, and financial services contracts.

Brian graduated from Yale Law School, where he served on the Yale Law Journal and was awarded the William T. Ketcham, Jr. Prize. At the Harvard Kennedy School, he earned a Master in Public Policy (International Trade & Finance), and he holds B.S.B.A. and B.A. degrees from the University of Florida. He lectures annually at Yale Law School and Georgetown Law School on international law topics.

Focus Areas

Experience

U.S. Senate Committee on Finance on legal and political aspects of international trade issues, such as U.S.-China trade relations; tariffs under national security laws; trade agreement negotiations (e.g., USMCA, Korea-U.S. Trade Agreement Modernization, U.S.-Japan Interim Trade Agreement,); U.S. trade promotion authority (TPA); trade in financial services; investor-state dispute settlement (ISDS); trade agreements and international tax laws; U.S. policy toward the World Trade Organization (WTO); OECD accession candidates; U.S. Generalized System of Preferences (GSP); and Senate review, confirmation, and oversight of presidential nominees and appointees.
U.S. Financial Institution concerning WTO GATS obligations relevant to proposed measures by the European Union.
An Automobile Manufacturers Association concerning WTO obligations under the GATT, SCM Agreement, and TRIMs Agreement.
U.S. Metals Manufacturer concerning United States international trade laws applicable to processed metals.

Republic of the Philippines in an ICSID arbitration involving over US$2.6 billion of claims concerning the taxation of an energy exploration consortium.
Republic of Korea in an ICSID arbitration involving US$4.7 billion of claims by foreign private equity investors, including claims concerning the interpretation and application of tax treaties.
Daimler Financial Services AG (German investor) in the annulment phase of an ICSID arbitration against the Argentine Republic involving claims exceeding US$600 million.
Republic of Panama in an ICSID arbitration involving US$400 million of claims by a U.S. investor concerning a hydroelectric power concession.
Foreign Investor in the natural resources sector preparing international arbitration claims against a South American government under an investment treaty.

Foreign Investor in the services sector preparing international arbitration claims against a South American government under an investment treaty.
Latin American government in advocating improvements to certain procedural rules in investor-state arbitration.

Federal Republic of Nigeria, Federative Republic of Brazil, Republic of El Salvador, and the Republic of Panama in preparation of international capital markets offerings and liability management transactions.
Republic of Panama in negotiating a credit agreement with international commercial banks, guaranteed by an export credit agency, to finance a public infrastructure project.
Creditor Committee in negotiations for a voluntary restructuring of debt obligations of a Central American government exceeding US$500 million.
Lender to Latin American Borrower on analyzing and applying a global debt restructuring agreement to amend a credit agreement.
Governments of three Brazilian States in negotiation of credit agreements with international banks.

Foreign Central Bank in negotiation of agreements with other central banks for provision of currency swaps in response to balance of payments pressures.
Investment Fund Managers on developments in litigation in U.S. federal courts affecting certain defaulted and performing Argentine sovereign bonds.
Investment Fund Managers on the interpretation and enforcement of debt obligations of the Austrian province of Carinthia, Commonwealth of Puerto Rico, and Republic of Ecuador.
Government of Hungary and the Republic of Panama in preparation and filing of 18-K annual reports with the U.S. Securities and Exchange Commission.
Latin American Bank in preparation and filing of annual reports on Form 20-F with the U.S. Securities and Exchange Commission.