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Mark KANTOR |
IAI Member |
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709A 8th Street, S.E., Third Floor
Washington, DC 20003
USA
Tel: +1.202.544.4953
Fax: +1.202.318.9170
mkantor@mark-kantor.com
www.mark-kantor.com
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| Languages |
English (native) |
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| Nationality |
USA |
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| Bar Admission |
New York - 1980
District of Columbia - 1992
Registered Foreign Lawyer, Law Society of England and Wales (until 2000) |
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| Education |
University of Michigan (Masters of Public Policy - 1979); University of Michigan (JD - 1979); University of Southern California (AB International Relations - 1975) |
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Academic
Position |
Adjunct Professor - Georgetown University Law Center (International Arbitration, International Business Transactions) |
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Experience
as Arbitrator |
Chair, Sole arbitrator or member of the tribunal in numerous domestic and international arbitration proceedings, under the Rules of ICSID, UNCITRAL, the AAA/ICDR, ICC, LCIA, JAMS, NASD, NFA, NYSE and CPR; Member, World Bank Group Sanctions Board |
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Publications
Relating to
Arbitration |
• Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (Kluwer, 2008)
• Co-editor, Reports of Overseas Private Investment Corporation Determinations (OUP, 2011) (with M.D. Nolan and K.P. Sauvant)
• "The Use of Trusts in Financing Transactions – Special Issues Relating to Arbitration of Commercial Trusts," in Arbitration of Trust Disputes: Issues in National and International Law 15 (S.I. Strong, T. Molloy eds., OUP, 2016)
• "The Impact of Contributory Investor Conduct: Only with Difficulty Commensurable," in Building International Investment Law – The First 50 Years of ICSID 533 (M. Kinnear et al. eds., Kluwer, 2015)
• "Fifty Billion Dollars; the Yukos Damages Awards," 2(1) J. Damages Int’l Arb. 91 (2015)
• "Comparing Political Risk Insurance and Investment Treaty Arbitration," in A Revolution in the International Rule of Law: Essays in Honor of Professor Don Wallace Jr. (B. Sabahi, N.J. Birch, I.A. Laird, J.A. Rivas eds., Juris Publishing, 2014)
• "Risk management tools for respondents – here be dragons," in Third-party Funding in International Arbitration 57 (B.M. Cremades, A. Dimolitsa eds., ICC Pub. No. 752E, 2013)
• "Abaclat: An Aberration?," in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2012), at 120 (A.W. Rovine ed., Martinus Nijhoff, 2013)
• "Little Has Changed in the New US Model Bilateral Investment Treaty," 27(2) ICSID Rev. 335 (2012)
• "The New U.S. Model BIT: If Both Sides Are Angry With You, You Must Be Doing Something Right," 5(2) New York Dispute Resolution Lawyer 47 (New York State Bar Association, 2012)
• "Negotiated Settlement Of Public Infrastructure Disputes," in New Directions in International Economic Law: In Memoriam Thomas Wälde 199 (T. Weiler, T. Baetens eds., Martinus Nijhoff / Brill Academic, 2011)
• "Arbitrator Disclosure and a Duty to Investigate?," in AAA Yearbook Arbitration & The Law – 23rd edition (Juris Publishing 2011)
• "A Code of Conduct for Party-Appointed Experts in International Arbitration – Can One be Found?," 26(3) Arb. Int’l 323 (2010)
• "Is There a Code of Conduct for Party-Appointed Experts in International Arbitration?," in Between East and West – Essays in Honour of Ulf Franke 14 (K. Hober, A. Magnusson, M. Ohrstrom eds., Juris Publishing, 2010)
• "International Investment Law Protections for Chinese Investment into the US," in Investing in the United States (K.P. Sauvant ed., Edward Elgar Publishing, 2010)
• "New Age Compensation for Expropriation," 2(2) J. World Energy L. Bus. 155 (2009)
• "Damages in International Commercial Arbitration: Methods of Calculation," in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), at 223 (A.W. Rovine ed., Brill, 2009) (with A. Saldarriaga)
• "Calculating Damages: Arbitrators, Counsel, and Experts Can Do Better than They Have in the Past," in Investing with Confidence: Understanding Political Risk Management in the 21st Century 196 (K.W. Lu, G. Verheyen, S.M. Perera eds., World Bank Group, 2009) (with A. Saldarriaga)
• "Arbitrator Disclosure: An Active but Unsettled Year," 11(1) Int’l Arb. L. Rev. 20 (2008)
• "Valuation for Arbitrators: Uses and Limits of Income-Base Methods," 4(6) TDM (Nov. 2007)
• "Valuation for Arbitrators: Uses and Limits of the Adjusted Book Value Method in Energy-Related Disputes," 4(3) TDM (June 2007)
• "New Amendments to ICSID’S Arbitration Rules," (1) Stockholm Int’l Arb. Rev. 213 (2006)
• "Amendments to the ICSID Arbitration Rules Take Effect," Asian Disp. Rev. 127 (Apr. 2006)
• "Arbitration Rules Update: Expedited Emergency Relief Under The AAA/ICDR, ICC And LCIA Rules," 21(8) Int’l Arb. Rep. 1 (2006)
• "Limits to Enforcement of ICSID Awards," 23(1) J. Int’l Arb. 1 (2006) (with M. Nolan and E. Baldwin)
• "Dear Corporate Partner: Drafting a Dispute Resolution Clause," 21(3) Int’l Arb. Rep. 16 (Mar. 2006)
• "The ICC Pre-Arbitral Referee Procedure: Momentum for Expanded Use," 20(9) Int’l Arb. Rep. 17 (Sept. 2005), also published at 16 Mealey’s Lit. Rep. Reinsurance 11 (2005)
• "Proposed Changes to ICSID Arbitration Rules," Asian Disp. Rev. 86 (Oct. 2005)
• "Improvements to ICSID Arbitration," Asian Disp. Rev. 27 (Apr. 2005)
• "The Arbitration Risk Facing Sovereign Investors," Int’l Fin. L. Rev. 22 (Dec. 2004) (with M. Nolan and E. Baldwin)
• "The New Draft Model U.S. BIT: Noteworthy Developments," 21(4) J. Int’l Arb. 383 (2004)
• "Investor-State Arbitration Over Investments in Financial Services: Disputes under New U.S. Investment Treaties," 121 Banking L.J. 597 (2004)
• "The Limitations of Arbitration," Journal of Structured and Project Finance (Fall 2002)
• "Nationality and Control Issues in ICSID Arbitrations," ADR and the Law (18th ed. 2002)
• "The Increasing Role of Interest Groups in Investment Transactions Involving International Financial Institutions," 7 ILSA J. Int’l Comp. L. 291 (Aug. 2001
• "International Project Finance and Arbitration with Public Sector Entities: When is Arbitration a Fiction?," 24 Fordham Int'l L.J. 1122 (2001)
• "OTC Derivatives and Arbitration: Should Counterparties Embrace the Alternative," 117 Banking L.J. 408 (2000)
• "The Ordinary Power Project – Dispute Resolution Analysis," Project Finance Int'l, Jan. 1998 (with D. Manson)
• "Asian Risk and the Role of Arbitration," Power in Asia, Dec. 1997 (with T.M. Tobin)
• Regular contributor to GAR |
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