The UK Government turns to U.S. law firms to bid on handling Brexit trade work
Because everybody knows: for the tough jobs, only U.S. lawyers will do!
BY:
Alexis de Hahn
Avocat Reporteur
PROJECT COUNSEL MEDIA
27 August 2020 (Serifos, Greece) – An array of international players are putting in bids for the UK Government’s post-Brexit trade law panel, as it looks beyond domestic firms for the first time. An examination of panel bidding material shows that the Crown Commercial Service (CCS), which is leading on the process, is not requiring firms to be based in the UK, in a break from tradition. Documents state: “Suppliers will not be required to have a UK office or established presence.” Historically, government panels have tended to favor UK-headquartered firms. The move, sources close to the process say, “reflects a bid to expand the pool of advisers as the country faces tough international negotiations and is seeking the most qualified counsel”. The Lawyer has reported that the CCS was specially looking toward U.S. firms and a number have submitted bids or are in the process of looking at the opportunity, and they include:
- Akin Gump Strauss Hauer & Feld
- Baker McKenzie
- Clifford Chance
- Mayer Brown
- Sidley Austin
- Steptoe & Johnson
- White & Case
Most of these firms have longtime Brussels and Geneva offices that have captured many trade mandates over the years. The bidding process is also allowing joint and coordinated bids. LegalWeek has noted that Canadian law firms are also trying their luck, and that many have bid in conjunction with others on previous trade mandates. The bidding guidelines state that the suppliers can use subcontractors for specific skills or bid together as a consortium.
NOTE: when it comes to trade, the UK Government has historically tended to outsource free trade agreement negotiations to firms like Linklaters, which in turn then subcontracted niche advice like intellectual property to specialist U.S. law firms like Fish & Richardson.
And it has been reported that a number of Continental European specialist firms are eyeing the opportunity. They are understood to include Brussels firm Vermulst Verhaeghe Graafsma & Bronckers and EU antitrust and specialist local outfit Van Bael & Bellis, which boasts a Geneva office dealing with WTO issues. The latter opened a London office in Chancery Lane last year to capture Brexit work.
The Lawyer reported that a major meeting was held about two months ago in Whitehall to illustrate the process, where members of the CCS and the Department of International Trade addressed a room full of trade law firms who had flown in from hubs including Brussels, Geneva and Washington to illustrate the process. The requirements include a request for a single case study demonstrating trade experience across a number of legal expertise areas and a number of industry accreditations. Sources expect the panel to wrap by the end of the year.
What is intriguing is that this is considered to be the first type of UK Government work to have attracted specifically non-UK firms. The CCS originally offered firms £70m for advice when the panel was announced last October. But when it became obvious the the trade agreements would require difficult and complex negotiations, that was increased to £115m. The actual advice will cover The World Trade Organisation (WTO) and trade agreement disputes, as well as the negotiation of specific bilateral trade agreements, as well as the law of the WTO and trade agreements. Several UK legal media blogs noted that a spokesperson for the Crown Commercial Services declined to comment on the process overall, but did confirm the agreement is open to potential law firm suppliers worldwide due to the complexity of the process.
