Prior to joining Arent Fox, Lee worked on numerous international arbitrations. As a senior attorney-adviser at the US State Department’s Office of the Legal Adviser, he successfully defended the United States in arbitrations before the Iran-US Claims Tribunal and before an ad hoc arbitral tribunal in Ecuador v. United States, a high profile state-to-state arbitration arising under the US-Ecuador Bilateral Investment Treaty. Lee also worked closely with the State Department’s Investment Arbitration Team to develop positions taken in US pleadings and non-disputing submissions in NAFTA and CAFTA-DR arbitration, and he regularly advised other State Department offices on matters relating to international arbitration. Lee also served as a US delegate to the United Nations Commission on International Trade Law (UNCITRAL) during the development of rules of transparency for use in investor-State arbitration. Prior to joining the State Department, Lee was an associate in the international arbitration group of a large international law firm, where his practice focused on investor-State arbitration and litigation in support of arbitration.
Lee also has extensive experience in the area of international investment law and policy. While at the State Department, Lee was integrally involved in efforts to encourage and protect foreign investment by US businesses, serving as the Department’s principal lawyer in negotiations to conclude investment treaties with China and the Czech Republic and the investment chapter of a free trade agreement with the Trans-Pacific Partnership countries: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. In addition, he made critical contributions to the Obama Administration’s review of the US Model Bilateral Investment treaty, providing counsel on proposals to revise the template on which US investment treaty negotiations are based. Lee regularly advised the State Department and US embassies on strategies for supporting domestic companies seeking government advocacy when obtaining foreign contracts, pursuing foreign investments, or settling disputes with foreign governments. Lee is the co-author of a leading commentary on the US Model Bilateral Investment treaty in Commentaries on Selected Model International Investment Agreements.
Lee has also done substantial work in the field of corporate social responsibility. While at the State Department, he advised the US government on corporate social responsibility matters, including the 2011 revision of the OECD Guidelines for Multinational Enterprises, the development and operation of a more robust US National Contact Point process to resolve CSR complaints, and the drafting of the Declaration on the Rights of Indigenous Peoples and the Principles for Responsible Investment in Agriculture and Food Systems.
Following law school, Lee clerked on the US Court of Appeals for the Fourth Circuit for Judge Diana Gribbon Motz and at the Iran-US Claims Tribunal for Judge Charles N. Brower.