Kabir Duggal

Dr. Kabir Duggal is an attorney in Arnold and Porter’s New York office focusing on international investment arbitration, international commercial arbitration, and public international law matters, serving both as arbitrator and counsel. Dr. Duggal is also a Lecturer-in-Law at Columbia Law School, teaching ’International Investment Law and Arbitration.’ He is also a Course Director and Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. He also acts as a Consultant for the United Nations Office of the High Representative for Least Developed Countries, Landlocked Developing Countries and Small Island Developing States (UN-OHRLLS) on the creation of a novel ’Investment Support Program.’

Cases

o Sole Arbitrator in a dispute administered by the International Chamber of Commerce (ICC) for the alleged termination of a Master Agreement (applicable law: New Jersey). o Sole Arbitrator in a “large and complex” dispute between two American Companies administered by the American Arbitration Association (AAA) for the alleged breach of an Offering Memorandum (applicable law: Delaware). o Chair in a “large and complex” dispute between two American Companies administered by the American Arbitration Association (AAA) arising out of the alleged failure to honor the “put” option in an LLC agreement (applicable law: New York). o Sole arbitrator in a dispute between a US company and a Hong Kong company on a supply dispute administered by the International Centre for Dispute Resolution (ICDR) (applicable law: New York). o Wing arbitrator in a dispute between a company in the Jersey Islands and a Ghana arising out a Rig Share Deed and an Aviation Services Sharing Agreement administered by the London Court of International Arbitration (LCIA) (applicable law: England & Wales). o Sole arbitrator in a dispute between a UK travel company and a customer for alleged breach of travel terms (applicable law: England & Wales). o Sole arbitrator in an alleged breach of contract dispute between an Australian party and an American Party administered by the International Centre for Dispute Resolution (ICDR) (applicable law: New York). o Sole arbitrator in a services dispute between two American companies administered by the American Arbitration Association (applicable law: New York). o Sole arbitrator in a dispute in a medical supplies dispute between a Swiss party and an American party administered by the International Centre for Dispute Resolution (ICDR) (applicable law: Delaware). o Chair in an international licensing dispute administered by the International Centre for Dispute Resolution (ICDR) (applicable law: New York). o Sole arbitrator in a dispute in a contractual dispute relating to failure to meet conditions as agreed upon contractually (applicable law: England & Wales). o Sole arbitrator in a dispute between for a luxury cruise and a customer for alleged breach of contractual provisions (applicable law: England & Wales). o Sole arbitrator in a dispute between a service provider and a customer for alleged misrepresentation of conditions (applicable law: England & Wales). o Sole arbitrator in an international dispute for alleged breach of a supply agreement for a medical device between a Mexican and American party administered by the International Centre for Dispute Resolution (applicable law: Utah). o Sole arbitrator in a dispute between a UK travel agency and a customer for allegedly failing to provide services agreed upon (applicable law: England & Wales). o Sole arbitrator in a dispute between a UK travel agency and a customer for alleged misrepresentation of services (applicable law: England & Wales). o Sole arbitrator in an international dispute for alleged breach of contract in a dispute between a Canadian and American party administered by the International Centre for Dispute Resolution (applicable law: New York). o Sole arbitrator in a dispute between a UK travel agency and a customer for alleged failure to notify of changes to the booking (applicable law: England & Wales). o Sole arbitrator in a dispute for the alleged failure to make payments under a financing agreement administered by the American Arbitration Association (applicable law: Utah). o Sole arbitrator in a large, international dispute involving breach of a franchise agreement under the UNCITRAL Rules and administered by the ICC (applicable law: Liechtenstein). o Chair in a large, complex accounting dispute exceeding a million dollars administered by the American Arbitration Association in accordance with the Accounting and Related Services Rules (applicable law: New York). o Sole arbitrator under expedited rules for breach of contract administered by the American Arbitration Association (applicable law: Delaware). o Sole arbitrator in a dispute involving the alleged failure to perform according to a written commodity supply services agreement administered by the American Arbitration Association (applicable law: New York). o Sole arbitrator in a multi-million dollar shipping dispute between an Indian party and a Chinese party administered by the Singapore International Arbitration Centre (applicable law: Singapore). o Sole arbitrator in a dispute involving alleged failure to make milestone payments under a contract in relation to an e-commerce platform administered by the American Arbitration Association (applicable law: New York). o Sole arbitrator in a dispute involving a potential breach of the UK Package Travel, Package Holidays and Package Tours Regulations 1992 administered by the Centre for Effective Dispute Resolution (applicable law: England & Wales). o Sole arbitrator in a dispute under the UK’s Travel Association Scheme administered by the Centre for Effective Dispute Resolution (applicable law: England & Wales).

License(s)

New York (U.S.), Washington D.C. (U.S.), England & Wales (Solicitor), & Maharashtra and Goa (India)

Education

Since Aug 2019: Harvard Law School, SJD Candidate 2017-2019: Leiden Law School, Ph.D. in Law (2018 CEPANI Academic Prize) May 2008: NYU School of Law, LL.M. (Hauser Global Scholar) May 2007: University of Oxford, BCL (DHL-Times of India Scholar) May 2004: Government Law College, LL.B. (Gold Medal)

Publications

o “Evolution of 28 U.S.C. § 1783: An Unexplored Tool to Support International Arbitration,” Journal of International Arbitration, Vol 38(4), available at: https://kluwerlawonline.com/journalarticle/Journal+of+International+Arbitration/38.3/JOIA2021024 (co-author). o Book Review: “A Guide to the ICDR International Rules,” American Review of International Arbitration (Vol.31(3)), available at: http://blogs2.law.columbia.edu/aria/issues/volume-31-issue-3-june-2021/book-review-martin-f-gusy-james-m-hosking-a-guide-to-the-icdr-international-rules-2d-ed-vol-31-no-3/ (co-author). o “Regulating the Regulators: Exploring the Draft UNCITRAL/ICSID Code of Conduct,” Corporate Disputes Issue July-September 2021 (co-author). o “Adding New Ingredients to an Old Recipe: Do ISDS Reforms and New Investment Treaties Support Human Rights,” Case Western Reserve Journal of International Law (Vol. 53(1)) (2021), available at: https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=2598&context=jil. o “Consequences of Crisis and the Great Re-Think: COVID-19’s Impact on Energy Investment, Sustainability and the Future of International Investment Agreements,” Journal of World Energy Law & Business (2021), available at: https://academic.oup.com/jwelb/advance-article/doi/10.1093/jwelb/jwab015/6219672. o “Human Rights and Investor–State Dispute Settlement Reform: Fitting a Square Peg into a Round Hole?,” Journal of International Dispute Settlement (2021), available at: https://academic.oup.com/jids/advance-article-abstract/doi/10.1093/jnlids/idab006/6168668 (co-author). o “The Evolution of Brazilian CFIAs from 2015 to 2020: Like Wine, Does It Get Better with Time?,” Journal of International Arbitration, Vol 38(2), available at: https://kluwerlawonline.com/journalarticle/Journal+of+International+Arbitration/38.2/JOIA2021012 (co-author). o “Who Represents Whom? Looking at the Representation of States in Investor-State Arbitration,” La Revue Des Juristes De Science Po No. 20 (2021), available at: http://www.revuedesjuristesdesciencespo.com/index.php/la-revue-n20/ (co-author). o “2020 in Review: The Pandemic, Investment Treaty Arbitration, and Human Rights,” Kluwer Arbitration Blog (January 23, 2021), available at: http://arbitrationblog.kluwerarbitration.com/2021/01/23/2020-in-review-the-pandemic-investment-treaty-arbitration-and-human-rights/ (co-author). o “When the Answer is Becoming the Question: Impact of Arbitrations on the Environment,” Kluwer Arbitration Blog (November 29, 2020), available at: http://arbitrationblog.kluwerarbitration.com/2020/11/29/when-the-answer-is-becoming-the-question-impact-of-arbitrations-on-the-environment/ (co-author). o “Enforcement of Foreign Arbitral Awards in the U.S. post Daimler AG v. Bauman,” Kluwer Arbitration Blog (November 26, 2020), available at: http://arbitrationblog.kluwerarbitration.com/2020/11/26/enforcement-of-foreign-arbitral-awards-in-the-u-s-post-daimler-ag-v-bauman/ (co-author). o “If You are not Part of the Solution, You are the Problem: Article 37 of the EU Charter as a Defence for Climate Change and Environmental Measures in Investor- State Arbitrations,” European Investment Law and Arbitration Review (Vol. 5, 2020). o “United States: Litigation and Alternative Dispute Resolution,” Financier Worldwide (2020), available at http://nysbar.com/blogs/ResolutionRoundtable/RRangachari%20KDuggal%20Extract.pdf (co-author). o “Policy Brief: Reforming Investor-State Dispute Settlement and Promotion of Trade and Investment Cooperation,” Task Force 1 on Trade, Investment, and Growth, T20 Saudi Arabia 2020, available at https://t20saudiarabia.org.sa/en/briefs/Pages/Policy-Brief.aspx?pb=TF1_PB7 (co-author). o “Regulating the Regulators: Exploring the Draft UNCITRAL/ICSID Code of Conduct,” Corporate Disputes Issue October-December 2020 (co-author). o “International Arbitration: Trends and Development in the United States,” Chamber Guides 2020, available at: https://practiceguides.chambers.com/practice-guides/international-arbitration-2020/usa/trends-and-developments (co-author). o “Unlocking Value through Stakeholder Engagement: New Forms to Resolve Investor-State Disputes,” 2020 ISDS Mediation Working Group Report, Harvard Investor-State Mediation Report, available at: https://imimediation.org/2020/06/18/harvard-investor-state-mediation-report/ (co-author). o “International Arbitration Promoting Human Rights: The Hague Rules on Business and Human Rights Arbitration,” Asian Dispute Review (July 2020), available at: http://www.asiandr.com/journal-detail.php?issue=202007. o “ISDS Reform and Advancing All ‘Generations’ of Human Rights,” Kluwer Arbitration Blog, June 2020, available at: http://arbitrationblog.kluwerarbitration.com/2020/06/17/isds-reform-and-advancing-all-generations-of-human-rights/?doing_wp_cron=1592611441.4797320365905761718750 (co-author). o “Auditing The Reform Process: Key Developments in the New Normal of Investment Treaty Arbitration,” Corporate Disputes Issue July-September 2020 (co-author). o “Dispute Resolution in the India-Brazil BIT: Symbolism or Systemic Reform,” Kluwer Arbitration Blog, April 2020, available at: http://arbitrationblog.kluwerarbitration.com/2020/04/09/dispute-resolution-in-the-india-brazil-bit-symbolism-or-systemic-reform/ (co-author). o “The Green Pledge: No Talk, More Action,” Kluwer Arbitration Blog, March 2020, available at: http://arbitrationblog.kluwerarbitration.com/2020/03/20/the-green-pledge-no-talk-more-action/ (co-author). o “Identifying Institutional Models for Arbitrator Appointments - All Roads Lead to Rome,” Managing and Resolving Commercial Disputes, March 2020, available at: https://www.financierworldwide.com/ebook-managing-and-resolving-commercial-disputes-2020#.XoINCahKjb1 (co-author). o “The Business of Human Rights: Is there a Viable Platform for Arbitration,” Corporate Disputes Issue April-June 2020 (co-author). o “A Challenger Approaches: An Assessment of the Prague Rules on the Efficient Conduct of Proceedings in International Arbitration,” 37 Journal of International Arbitration (Kluwer Law International) No. 1 (2020) (co-author). o “Colombia’s 2017 Model IIA: Something Old, Something New, Something Borrowed,” ICSID Review 2019 (co-author). o “The 2019 Netherlands Model BIT: Riding the New Investment Treaty Waves,” Arbitration International, September 2019 (co-author). o “New York Convention: Case Studies from the Canada and the United States,” American Bar Association Dispute Resolution Magazine, September 2019 (co-author). o “Meditating over Mediation: A Look into the Singapore and New York Conventions,” Corporate Disputes Issue October-December 2019 (co-author). o “International Arbitration: Trends and Development in the United States,” Chamber Guides 2019, available at: https://practiceguides.chambers.com/practice-guides/international-arbitration-2019/usa/trends-and-developments (co-author). o “With Rights Come Responsibilities: Sustainable Development and Gender Empowerment under the 2019 Netherlands Model BIT,” Kluwer Arbitration Blog, June 2019 (co-author). o “The Power of Simplicity: Affinity Practice Modules in Arbitration,” Corporate Disputes Issue April-June 2019 (co-author). o “An International Route for an International Lawyer,” Careers in International Law, American Bar Association, March 2019. o “Principles of Evidence in Public International Law as Applied by Investor-State Tribunals: Burden and Standards of Proof,” Brill Research Perspectives, January 2019 (co-author), available at: https://brill.com/view/title/37967. o “Evidence,” in Business Guide to Trade and Investment (Appleton and Macrory) (ICC 2018). o “Working with the Artifacts: Is there a Best Approach to the Taking of Evidence in International Arbitration?” Corporate Disputes Issue October-December 2018 (co-author). o “International Courts: The Year in Review,” Annual Publication of the ABA Section of International Law/SMU Dedman School of Law, August 2018 (co-author). o “Principles of Evidence in Investor-State Arbitration: Exploring the Unexplored, Underappreciated and Ignored,” The International Journal of Arbitration, Mediation and Dispute Management (Chartered Institute of Arbitrators) (Vol. 84(3)) (2018). o “Evidence in International Investment Arbitration,” Oxford University Press (April 2018), available at: https://global.oup.com/academic/product/evidence-in-international-investment-arbitration-9780198753506?cc=us&lang=en&#. o “India Chapter,” The Baker & McKenzie International Arbitration Yearbook 2017-2018, March 2018 (co-author). o “General Duties of Counsel,” in Handbook on Third-Party Funding in International Arbitration, March 2018 (co-author). o “Understanding Racial Representation in International Investment Arbitration,” Dispute Resolution Journal (Vol. 72(2), 2017). o “Evidentiary Principles in Investor-State Arbitration,” The American Review of International Arbitration (Vol. 28(1), 2017). o “The Role of Sovereign Welfare Funds and National Oil Companies in Investment Arbitrations,” Global Arbitration Review, July 2017 (co-author; second edition). o “International Courts: The Year in Review,” Annual Publication of the ABA Section of International Law/SMU Dedman School of Law, July 2017 (co-author). o “The New Brazilian BIT on Cooperation and Facilitation of Investments: A New Approach in Times of Change,” ICSID Review 2017 (co-author). o “The Washington Discourse,” Investment Treaty Arbitration and International Law, Juris LLC (Vol. 10) (co-author). o “International Arbitration Insights: CAS and Lex Sportiva,” American Bar Association Section of International Law, April 2017 (Editor). o “Diversity and The Court of Arbitration for Sport.” in International Arbitration Insights: CAS and Lex Sportiva, American Bar Association Section of International Law, April 2017 (co-author). o “Investor-State Arbitration,” The Baker & McKenzie International Arbitration Yearbook: 10th Anniversary Edition (2016-2017), March 2017 (co-author). o “India Chapter,” The Baker & McKenzie International Arbitration Yearbook: 10th Anniversary Edition (2016-2017), March 2017 (co-author). o “The Conflicting Landscape Relating to Costs in Investor-State Arbitration,” Indian Journal of Arbitration Law (January 2017) (co-author). o “The Final 2015 Indian Model BIT: Is this Change the World Wishes to See?,” ICSID Review 2016 (co-author). o “The Investment Treaty Working Group Task Force on the Investment Court System,” ABA Investment Treaty Working Group (Section of International Law), October 2016 (co-reporter). o “The Changing Landscape of Investor-State Arbitration in India,” Jindal Global Law Review (2016). o “International Arbitration Checklists,” Juris LLC (Third Edition), Associate Editor. o “Investor-State Arbitration,” in International Arbitration Checklists (Juris LLC, Third Edition). o “Allocating Costs in Investment Arbitration,” Practical Law, June 2016 (co-author). o “ICC Guidance Note for the Disclosure of Conflicts by Arbitrators,” Practical Law, April 2016(co-author). o “India Chapter,” The Baker & McKenzie International Arbitration Yearbook 2015-2016, March 2016. o “The 2015 Indian Model BIT: Is this Change the World Wishes to See?,” ICSID Review 2015 (co-author). o “The Role of Sovereign Welfare Funds and National Oil Companies in Investment Arbitrations,” Global Arbitration Review, July 2015 (co-author). o “Philip Morris et al. v. Uruguay,” AJIL January 2014 (co-author). o “Occidental Petroleum v Ecuador (2012): Observations on Proportionality, Assessment of Damages and Contributory Fault,” ICSID Review 2013 (co-author). o “Limits on Compensation for Internationally Wrongful Acts,” in International Investment Law: A Handbook, Hart Publishing (co-author). o “The Energy Sector, Investment Arbitration, and the Energy Charter Treaty: Carving out a Special Regime,” Juris LLC 2013. o “The World Economic Crisis as a Changed Circumstance,” Columbia FDI Perspectives No. 43, August 1, 2011 (co-author). o “International Investment Law and Arbitration: 2012 in Review,” in 2012-2013 Yearbook on International Investment Law & Policy (Oxford University Press). o “International Investment Law and Arbitration: 2013 in Review,” in 2013-2014 Yearbook on International Investment Law & Policy (Oxford University Press). o “Investment Treaty Arbitration and International Law: Vol. 6” Juris LLC, Associate Editor. o “Investment Treaty Arbitration and International Law: Vol. 7” Juris LLC, Associate Editor. o “Investment Treaty Arbitration and International Law: Vol. 8” Juris LLC, Associate Editor. o “Investment Treaty Arbitration and International Law: Vol. 9” Juris LLC, Associate Editor. o “Investment Treaty Arbitration and International Law: Vol. 10” Juris LLC, Associate Editor. o “Investment Treaty Arbitration and International Law: Vol. 11” Juris LLC, Associate Editor. o “Investment Treaty Arbitration and International Law: Vol. 12” Juris LLC, Editor. o “Investment Treaty Arbitration and International Law: Vol. 13” Juris LLC, Editor. o Book Review: “Backlash against International Arbitration,” Kluwer Arbitration 2010 published in Chartered Institute of Arbitrators (Vol. 78(2), April 2012) (co-author). o Book Review: “The Evolving International Investment Regime,” Oxford University Press 2011 published in The Journal of World Investment & Trade (Vol. 13 (2012)) (co-author).

Awards

o “Best Lawyers: International Arbitration - Commercial” (2021). o Recognized by Legal500 US for “International Arbitration” (2021). o “Award for Significant Impact in International Arbitration” Association for Conflict Resolution for Greater New York (ACR GNY) (2021). o “Rising Stars: Americas” Euromoney Rising Stars Awards (2021). o “2020 Dispute Resolution Award of the Year--Americas,” Prime Dispute (2021). o “Best Arbitration Jurist” India Legal Awards (2020). o Who’s Who Legal 2020, Leader in International Arbitration (2020) (youngest person to be listed). o “Best Lawyers: Ones to Watch: Alternative Dispute Resolution,” Inaugural Edition (2020). o “2019 Equality and Diversity Award in Dispute Resolution,” Prime Dispute (2020). o International Arbitration Lawyer of the Year in USA, Leader in Law-2020 Global Awards (2020). o Who’s Who Legal, Future Leader, International Arbitration (2020). o Super Lawyer, New York Metro Area (2020). o Expert Guides, Rising Star (2020). o “Best in Commercial Arbitration,” Euromoney Legal Media Group Americas Rising Star (Top 5) (2019). o Recognized by Legal500 US for “International Arbitration” (2019). o “Young Lawyer of the Year 2019,” Indian National Bar Association (2019). o “Top 10 Arbitrator Award for Asia Pacific Region,” Bali International Arbitration and Mediation Center (BIAMC) (2019). o Who’s Who “Most Highly Regarded” Future Leaders, International Arbitration (2019). o Super Lawyer, New York Metro Area (2019). o Expert Guides, Rising Star (2019). o “Inspiring Citizen Award” Institute of Self Reliance (India) (2019). o 40 under 40 Rising Star Awards, Legal Media Group (2018). o Who’s Who Future Leaders, International Arbitration (2017).

Panels

o Admitted to the Korean Commercial Arbitration Board (KCAB), Panel of International Arbitrators (June 2021). o Admitted to the Energy Disputes Arbitration Center (EDAC), Panel of Arbitrators (May 2021). o Admitted to the Thailand Arbitration Center (THAC), Panel of Arbitrators (October 2020). o Admitted to the eBram ODR Arbitration Scheme (Hong Kong), Panel of Arbitrators (September 2020). o Admitted to the Kigali International Arbitration Centre, Panel of Neutrals (June 2020). o Admitted to the Astana International Financial Centre (AIFC) and Astana International Arbitration Centre, Right of Audience (May 2020). o Admitted to the WIPO Arbitration and Mediation Center, List of Arbitrators (April 2020). o Admitted to the Gulf Cooperation Council (GCC) Commercial Arbitration Centre, Certified Arbitrator (February 2020). o Admitted to the Court of Arbitration for Art (CAfA), List of Arbitrators (February 2020). o Admitted to the Brunei Darussalam Arbitration Centre (BDAC), Panel of Arbitrators (January 2020). o Admitted to the Chinese International Arbitration Centre (CAAI): List of Arbitrators (December 2019). o Admitted to the Libyan Center for International Commercial Arbitration: Panel of Arbitrators (December 2019). o Admitted to the International Centre for Dispute Resolution (ICDR): Panel of Arbitrators (August 2019). o Admitted to the Mauritius Chamber of Commerce and Industry’s Arbitration and Mediation Center (MARC), Panel of Arbitrators (July 2019). o Admitted to Costa Rica’s Center for Conciliation and Arbitration (CICA), Panel of Arbitrators (July 2019). o Admitted to the Bali International Arbitration and Mediation Center’s (BIAMC) Panel of Arbitrators and Mediators (May 2019). o Admitted to the International Arbitration Database of the Russian Arbitration Center (April 2019). o Admitted to the Saudi Center for Commercial Arbitration (SCCA) (September 2018). o Admitted to Resolute Systems, LLC, Panel of Arbitrators and Mediators (July 2018). o Admitted to Hong Kong International Arbitration Centre’s List of Arbitrators (June 2018). o Admitted to Financial Industry Regulatory Authority’s (FINRA) arbitration roster (January 2018). o Admitted to the Asian International Arbitration Centre (formerly the Kuala Lumpur Regional Centre for Arbitration (KLRCA))/; Panel of Arbitrators and Panel of Mediators (January 2018). o Admitted to CEDR (ABTA Travel Panel)) as an ADR officials (November 2017). o Admitted to Singapore International Arbitration Center (SIAC): Panel of Arbitrators (October 2017). o Admitted to the American Arbitration Association, Panel of Arbitrators (August 2017). o Admitted to The International Institute for Conflict Prevention and Resolution, Panel of Distinguished Neutrals (February 2017). o Listed on USCIB’s Arbitrator’s Panel (February 2017). o Listed on the LCIA and LCIA Mauritius’ Neutrals Database (February 2015).

Miscellaneous

o Racial Equality for Arbitration Lawyers (REAL), Co-Founder (2020). o College of Commercial Arbitrators, Diversity Committee (2020). o American Arbitration Association (AAA), Inaugural Diversity and Inclusion Committee (2020). o International Institute for Conflict Prevention and Resolution (CPR), Diversity Task Force (2020). o Equal Representation in Arbitration Pledge (ERA), Executive Committee Member, Young Members Subcommittee (2020). o Committee for Racial Inclusion in International Arbitration (CRIAA), Steering Committee Member (2020). o Racial Justice in International Arbitration, Steering Committee (New York) (2020).