Duggal, Kabir

Kabir Duggal

Associate
Baker & McKenzie LLP

Biography

Kabir Duggal is a senior associate in Baker McKenzie's International Arbitration Practice Group in New York focusing on international investment arbitration, international commercial arbitration and public international law matters. Kabir's experience includes complex disputes under numerous bilateral/multilateral investment treaties and contracts in South Asia, Latin America, Central Asia, Middle East, Europe and Africa. The total value of the disputes he has been involved in exceeds 80 billion dollars. He has facilitated the mediation and negotiation of complex disputes. 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) and, in this capacity, has helped work on a unique investment support programme to help least developed countries in capacity building, investment negotiations, and investment dispute resolution.

Kabir has considerable experience in various aspects of public international law and dispute resolution. He was a consultant at The World Bank Group in Washington, DC, where he worked with the Development Research Group focusing on socioeconomic rights in the developing world, and for UNICEF on issues of child rights and child protection. He has also worked as a judicial clerk for an Indian Supreme Court Judge.

Kabir is a Lecturer-in-Law at the Columbia Law School, teaching "International Investment Law and Arbitration." He has also taught dispute resolution courses in educational institutions all over the world including Georgetown University Law Center, Fordham Law School, The Graduate Institute (Geneva, Switzerland), National Law University (Jodhpur, India), University of Carlos III (Madrid, Spain), National Research University Higher School of Economics (Moscow, Russia), Government Law College (Mumbai, India) among others.

Kabir has published several articles and books and is regularly invited to speak at conferences globally. He is the managing editor for Columbia Law School’s “The American Review of International Arbitration” and is an editor for investmentclaims.com hosted by Oxford University Press. He has co-authored a book entitled “Evidence in Investment Arbitration” published by Oxford University Press. He has received the Burton “Law360 Distinguished Legal Writing Award” for his scholarly writings. He also serves on ICSID Review's Peer Review Board and is an associate editor for Brill-Nijhoff publisher's international law and arbitration section. He is also a co-chair of the Juris Conference on Investment Treaty Arbitration. He is a fellow at Columbia Center on Sustainable Development.

Kabir has been awarded the inaugural "Diversity Fellowship" by the American Bar Association, Section of International Law. He is the American Arbitration Association’s “Higginbotham Fellow.” He also serves on the Chartered Institute of Arbitrator Young Members Steering Committee and is the co-chair of ASIL’s Private International Law Committee. In 2018, Kabir was elected a Fellow of the UK's Royal Society of Arts, in recognition of his contributions to international law.

Kabir sits on the Advisory Committee for Government Law College’s Arbitration Cell, Mumbai and the Harvard International Arbitration Law Students Association (HIALSA), and Georgetown’s International Investment Law Center (IILC).

Kabir also sits as an arbitrator and mediator. Kabir is admitted to the American Arbitration Association (AAA): Panel of Arbitrators, International Institute for Conflict Prevention and Resolution (CPR): Panel of Distinguished Neutrals, SIAC's Panel of Arbitrators, Centre for Effective Dispute Resolution: ABTA arbitration scheme, FINRA’s arbitration roster, Kuala Lumpur Regional Centre for Arbitration (KLRCA) Panel of Arbitrators and Panel of Mediators, and is also listed on the LCIA, the LCIA Mauritius’ Neutrals Database, and the USCIB Panel of Arbitrators. He was named as a “Future Leader” in international arbitration by Who’s Who Legal (2017).

Practice Focus

Kabir's practice focuses on investor-state arbitration, commercial arbitration, and issues and disputes relating to public international law. He has been involved in some of the largest investment and commercial arbitration disputes such as Mobil et al. v. PDVSA et al., ICC Case No. 15415/JRF, ConocoPhillips et al. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30 and Mobil et al. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/2.

Representative Legal Matters

  • Sitting as a 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).
  • Sitting as a 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).
  • Sitting as a 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).
  •  Sitting as a 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).

Prior to joining Baker McKenzie, Kabir Duggal represented the following states and state entities in the following cases:

  • Mobil et al. v. PDVSA et al., ICC Case No. 15415/JRF.
  • Devas Multimedia Private Limited v. Antrix Corporation Ltd., ICC Case No. 18051/CYK.
  • OPIC Karinum Corp. v. PDVSA et al., ICC Case No. 17544/JRF.
  • Mobil et al. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/2.
  • ConocoPhillips et al. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB/07/30.
  • Brandes v. Bolivarian Republic of Venezuela, ICSID CASE NO. ARB/08/3.      

Professional Associations and Memberships

  • Young Mumbai Center for International Arbitration (MCIA) - Board Member
  • The Alliance: Equality in Dispute Resolution - Ambassador
  • American Bar Association - Deputy Liaison Office
  • Asian American Bar Association - Member
  • Brill-Nijhoff Publishers, International Investment Law and Arbitration - Associate Editor
  • Chartered Institute of Arbitrators (MCIArb)
  • Columbia Center on Sustainable Investment - Fellow
  • Columbia Law School - Lecturer
  • Conflict Prevention and Resolution (CPR) - Panel of Distinguished Neutrals
  • Government Law College - Advisory Board, Dispute Resolution Cell
  • Harvard International Arbitration Law Students Association - Advisory Committee Member
  • Harvard Law School, International Arbitration Workshop – Lecturer
  • Hong Kong 45 - Regional Ambassador for Hong Kong
  • Indian National Bar Association, New York Chapter - Executive Committee Member
  • International Arbitration, ABA - Projects Vice-Chair
  • International Centre for Settlement of Investment Disputes (ICSID) - Peer Review Board, ICSID Review
  • International Courts and Judicial Affairs, American Bar Association, Section of International Law -Co-Chair
  • Oxford University Press, Investment Claims - Global Advisory Board
  • The Indian Society of International Law - Lifetime Member
  • Young International Council for Commercial Arbitration - Buddy
  • Private International Law Interest Group, American Society of International Law (ASIL) - Co-Chair

Admissions

  • District of Columbia~United States (2017)
  • England & Wales~United Kingdom (2011)
  • New York~United States (2010)
  • Maharashtra and Goa (2004)

Education

  • New York University School of Law (LL.M. International Legal Studies, Hauser Global Scholar and Transitional Justice Fellow) (2008)
  • Oxford University (Bachelor of Civil Law (Master's Degree in Law) DHL-Times of India Scholar, Oxford-Cambridge Society of India Scholar) (2007)
  • NALSAR (Post Graduate Diploma International Humanitarian Law, Gold Medal) (2006)
  • University of Mumbai (Post Graduate Diploma Human Rights, Gold Medal) (2005)
  • Government Law College (LL.B. University Medal; Ranganath Rao Trophy; 5 University Awards) (2004)

Languages

  • English
  • Hindi
  • Urdu