Kabir Duggal

Kabir Duggal, PhD

Senior International Arbitration Advisor

Kabir Duggal focuses his practice on international investment arbitration, international commercial arbitration and public international law matters, serving as arbitrator, mediator, and counsel. Dr. Duggals experience includes complex disputes under numerous bilateral/multilateral investment treaties and contracts in South Asia, Latin America, Central Asia, Middle East, Europe, and Africa. His experience flows from his triple training in international law, common law, and civil law traditions. He has served as an arbitrator in over 40 disputes involving parties from all over the world and across several different industries. He is recognized as a “Chartered Arbitrator” (the highest ranking for arbitrators) by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. 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) on the creation of a novel “Investment Support Program” (which was shortlisted by Global Arbitration Review for the category of “Best Developments” for 2018). He also serves on the Steering Committee of the Investment Support Program. Dr. Duggal works closely with the US Department of Commerce's Commercial Law Development Program (CLDP) as an expert and has undertaken capacity-building workshops in Georgia, Kosovo, Bosnia & Herzegovina. He has also conducted training and capacity-building sessions for several Governments including Colombia, Saudi Arabia, Myanmar, India, among others on public international law and dispute resolution matters. He also serves on the Federal Republic of Somalias New York Convention Task Force as well as the WTO Negotiating Team (International Board). He is elected to the Executive Committee of the Board of Directors of the California International Arbitration Council, Inc. (CIAC) and also serves on its Academic Council. He also serves on the Advisory Board of the Boston International Arbitration Council (BIAC). Dr. Duggal is also a member of the Young Practitioners Subcommittee for the Equal Representation in Arbitration Pledge.

Dr. Duggal has received several accolades for his work in international arbitration and public international law. He was awarded the Hind Rattan (“Jewel of India”) award which is the highest diasporic award for people of Indian origin. He has been ranked as the 4th Most Highly Regarded Future Leader in the Americas by WhoWho Legal (2019) and was the youngest practitioner to be listed in the Global Listing of Arbitrators by Whos Who Legal (2020 and 2021). He received the “40 under 40 Rising Star Award” by Legal Era—Legal Media Group in 2018. He has been ranked as a “Rising Star” by Experts Guides (2019 and 2020), has been recommended by Legal 500 US for “International Arbitration," was listed as a “Super Lawyer” in the New York metro region (2019-2021), and was listed as a “Rising Star” in Commercial Arbitration by Euromoney Legal Media Group (2019 and 2021). In 2019, he was also awarded the “Inspiring Citizen Award” by the Institute of Self Reliance. In 2021, Dr. Duggal was awarded “Counsel of the Year” by the largest voluntary organization in Indiathe Indian National Bar Association, he was previously awarded the “Young Lawyer of the Year” (2019). Dr. Duggal has been ranked as among the “Top Ten Arbitrators” for the Asia Pacific Region by the Bali International Arbitration and Mediation Center (BIAMC) and received the “2019 Equality and Diversity Award in Dispute Resolution” by Prime Dispute in 2020. In 2021, Dr. Duggal was awarded the “2020 Dispute Resolution Practitioner of the Year for the Americas” and in 2022, he received the “2021 Dispute Resolution Award of the Year--Global.” The Association for Conflict Resolution for Greater New York (ACR GNY) awarded Dr. Duggal with an award for “Significant Impact in International Arbitration.”

Dr. Duggal 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.

Dr. Duggal is a Lecturer-in-Law at the Columbia Law School, teaching International Investment Law and Arbitration.” He is also an adjunct professor at Fordham Law School teaching Transnational Litigation 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 and serves as an academic coordinator for the Chartered Institute of Arbitrators Diploma Course. He also hosts a leading webinar series entitled TagTime” which involves conversations with leading arbitrators from all over the world. Additionally, he has taught dispute resolution courses in educational institutions all over the world. Dr. Duggal has published several articles and books and is regularly invited to speak at conferences globally. He is the managing editor for Columbia Law Schools The American Review of International Arbitration.” He also serves as an associate editor for ICSID Review” and also serves on its Peer Review Board and is also an associate editor for Brill-Nijhoffs Perspectives in International Investment Law and Arbitration.” He has co-authored a book entitled Evidence in Investment Arbitration” published by Oxford University Press and has received the Burton Law360 Distinguish Legal Writing Award” for his scholarly writings. His writings have been cited by arbitral tribunals and by the Supreme Court of Switzerland. He has been awarded the 2018 Academic Prize” by the Belgian Centre for Arbitration and Mediation (CEPANI) and is listed in Leiden University's 2019 Hall of Fame.” He is currently pursuing a second doctoral degree from Harvard Law School.

Dr. Duggal also maintains an active practice as both an arbitrator and mediator. He is also admitted as a Council Member” for the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR). Dr. Duggal is both a fellow of the Chartered Institute of Arbitrator and a Certified Mediator by the Centre for Effective Dispute Resolution. He is admitted, inter alia, with institutions all over the world, including AAA and ICDR: Panel of Arbitrators, International Institute for Conflict Prevention and Resolution (CPR): Panel of Distinguished Neutrals, Singapore International Arbitration Centre (SIAC): Panel of Arbitrators, Hong Kong International Arbitration Centre (HKIAC): List of Arbitrators, and is also listed on the London Court of International Arbitration (LCIA) and the United States Council for International Business (USCIB): Panel of Arbitrators.

Experience

  • Co-Arbitrator deciding a challenge to an arbitrator as part of the CPR Challenge Review in a pharmaceutical dispute
    Institution: International Institute for Conflict Prevention & Resolution (CPR)
  • Sole Arbitrator in a “large and complex” dispute between an American party and a Chinese party over alleged breach of intellectual property
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable Law: Colorado
    Status: Ongoing
    Appointment: Selected by the parties via the rank and strike method
    Amount: Not fully quantified yet
  • Chair in a “large and complex” dispute between an American party and a Colombian party over an alleged breach of a swaps and OTC derivatives account in a commodities dispute
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable law: New York
    Status: Ongoing
    Appointment: Selected by the two co-arbitrators
    Amount: Approx. USD 1.5 million
  • Wing Arbitrator in a dispute between a German Non-Profit Foundation and a US Party arising out of an IT dispute and the alleged failure to meet the conditions pursuant to the applicable contract
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable law: New York
    Status: Ongoing
    Appointment: Appointed by the Respondent
    Amount: Not fully quantified yet (just stated that the amount is over USD 1 million)
  • Sole Arbitrator in a dispute between an American company and an Australian company arising out of an alleged breach of a professional services agreement in the engineering field
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable law: New York
    Status: Ongoing since 2021 (in the pleading phase)
    Appointment: Selected by the parties via the rank and strike method
    Amount: Not fully quantified yet
  • Sole Arbitrator in a dispute for the alleged termination of a Master Agreement between two American Parties in relation to the preparation of accounting software (IT dispute)
    Institution: International Chamber of Commerce (ICC)
    Applicable law: New Jersey
    Status: Ongoing (in the pleadings phase)
    Appointment: Selected by the parties
    Amount: Not fully quantified yet (the range appears to be between USD 400,000 to USD 1 million)
  • Sole Arbitrator in a “large and complex” dispute between an US company and multiple Chinese individuals for the alleged breach of an Offering Memorandum in the biotech field
    Institution: American Arbitration Association (AAA) (parties agreed to these rules)
    Applicable Law: Delaware
    Status: Completed and award confirmed in New York
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 15 million
  • Chair in a “large and complex” dispute between two American Companies arising out of the alleged failure to honor the “put” option in an LLC agreement in the hospitality and tourism industry
    Institution: American Arbitration Association (AAA)
    Applicable Law: New York
    Status: Final Award Issued
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 2 million
  • Sole arbitrator in a dispute between a US company and a Hong Kong company over a supply dispute
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable law: New York
    Status: Case settled amicably after the Preliminary Hearing and after a decision on a motion to file counterclaims
    Appointment: Selected by the parties via the rank and strike method
    Amount: The claim exceeded USD 2 million; the counterclaim was for approx. USD 1.1 million
  • Wing arbitrator in a dispute between a company in the Jersey Islands and a Ghanian company arising out a Rig Share Deed and an Aviation Services Sharing Agreement in the energy sector
    Institution: London Court of International Arbitration (LCIA)
    Applicable law: England & Wales
    Status: Award issued
    Appointment: Appointed by the LCIA Court
    Amount: Approx. USD 5 million (excluding interest and costs)
  • Sole arbitrator in an alleged breach of contract dispute between an Australian party and an American Party in an IT dispute
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable law: New York
    Status: Case settled amicably after the Preliminary Hearing
    Appointment: Selected by the parties via the rank and strike method
    Amount: Not quantified (the range appeared to be between USD 400,000 to USD 1 million)
  • Sole arbitrator in a dispute in a medical supplies dispute between a Swiss party and a US party
    Institution: International Centre for Dispute Resolution (ICDR)
    Applicable law: Delaware
    Status: Final Award issued
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 600,000
  • Sole arbitrator in a services dispute between two US companies for breach of a supply agreement in relation to supply of Covid-19 medical equipment
    Institution: American Arbitration Association
    Applicable law: New York
    Status: Final award issued
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 500,000
  • Chair in an international licensing dispute between two US parties in relation to alleged breach of trademarks and other intellectual property
    Institution: International Centre for Dispute Resolution (ICDR) (contract provided for ICDR)
    applicable law: New York
    Status: Final Award Issued
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 500,000
  • Sole arbitrator in a dispute in a contractual dispute relating to failure to meet conditions as agreed upon contractually in the hospitality industry
    Institution: Ad hoc arbitration
    Applicable law: England & Wales
    Status: Final Award Issued
  • Sole arbitrator in a dispute between for a luxury cruise and a customer for alleged breach of contractual provisions in the tourism industry
    Institution: Ad hoc arbitration pursuant to UK’s ABTA Scheme
    Applicable Law: England & Wales
    Status: Final award issued
  • Sole arbitrator in an international dispute for alleged breach of a supply agreement for a medical device between a Mexican and a US party
    Institution: International Centre for Dispute Resolution
    Applicable law: Utah
    Status: Final Award issued
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 300,000
  • Sole arbitrator in a dispute for the alleged failure to make payments under a financing agreement between two US parties
    Institution: American Arbitration Association
    Applicable law: Utah
    Status: Final Award issued
    Appointment: Selected by the parties via the rank and strike method
    Amount: Approx. USD 100,000
  • Sole arbitrator in a large, international dispute involving breach of a franchise agreement in the food and hospitality industry
    Institution: Ad hoc but appointed by ICC
    Applicable law: Liechtenstein
    Status: Final Award Issued
    Appointment: By the International Chamber of Commerce (pursuant to the applicable contract)
  • Chair in a large, complex accounting dispute exceeding a million dollars between two US parties
    Institution: American Arbitration Association in accordance with the Accounting and Related Services Rules
    Applicable law: New York
    Status: Case settled after the parties completed the pleadings and after several motions
  • Sole arbitrator between an Indian party and Chinese party in a shipping dispute
    Institution: Singapore International Arbitration Center (SIAC)
    Applicable Law: Singapore
    Status: Final Award Issued
  • Sole arbitrator between two American parties in an information technology dispute
    Institution: American Arbitration Association
    Appointment: Selected by the parties via the rank and strike method
    Applicable Law: New York
    Status: Final Award Issued
  • Sole arbitrator between two English parties over breach of agreement in the hospitality industry
    Appointment: Agreement by parties
    Applicable Law: England & Wales
    Status: Final Award Issued
  • Sole arbitrator between two parties for alleged breach of a financing agreement
    Institution: American Arbitration Association
    Appointment: Selected by the parties via the rank and strike method
    Applicable Law: New York
    Status: Final Award Issued

Perspectives

The Arbitral Tribunal: Independence and Impartiality
Speaker, Chartered Institute of Arbitrator Diploma in International Commercial Arbitration
The Arbitral Tribunal: Duties and Procedural Choices
Speaker, Chartered Institute of Arbitrator Diploma in International Commercial Arbitration
US and Brazilian Perspective on the Future of International Arbitration
Speaker, Columbia and NYU Joint event with Arbitration Channel
International Arbitration: What You Should Consider
Speaker, Asian American Bar Association of New York (AABANY) and JAMS
Addressing Evidence in International Arbitration: A Snapshot of General Principles & Best Practices
Co-author, Arbitrator’s Handbook (Shashank Garg, Ed.), LexisNexis Publication 2022
More

Recognition

Hind Rattan (“Jewel of India”) award
Highest diasporic award for people of Indian origin
Best Lawyers
International Arbitration (2021–2023)
Ones to Watch: Alternative Dispute Resolution (2020–2021)
New York Super Lawyers
International Law and Alternative Dispute Resolution (20192022)
More

Credentials

Education
  • PhD, Leiden Law School, 2019, Academic Prize by the Belgian Centre for Arbitration and Mediation (CEPANI)
  • LLM, International Legal Studies, New York University School of Law, 2008, Hauser Global Scholar, Transitional Justice Fellow
  • BCL, University of Oxford, 2007, Oxford-Cambridge Society of India Scholar, DHL-Times of India Scholar
  • Post Graduate Diploma in International Humanitarian Law, Nalsar University of Law, 2006, Gold Medal
  • Post Graduate Diploma in Human Rights Law, University of Mumbai, 2005, Gold Medal
  • LLB, Government Law College, University of Mumbai, 2004, Gold Medal, 5 awards, and Ranganath Rao Trophy
Admissions
  • New York
  • District of Columbia
  • England and Wales
  • India
Clerkships
  • Supreme Court of India, The Honorable Sujata Manohar
Activities
  • ICSID Peer Review Board (since 2014)
  • Editor and Head, Advisory Team on "Procedure," Oxford University Press' Investmentclaims.com (since 2014)
  • Life Member, The Indian Society of International Law (since 2014)
  • Associate Editor, Brill-Nijhoff Publishers, International Investment Law and Arbitration (since 2015)
  • HK Under45 Regional Ambassador for New York, Hong Kong International Arbitration Center (since 2016)
  • Co-Chair, Private International Law Interest Group, American Society of International Law (since 2017)
  • Advisory Committee, International Arbitration Cell, Government Law College (since 2017)
  • Advisory Committee, Harvard International Arbitration Law Students Association (HIALSA) (since 2017)
  • Global Advisory Board, Oxford University Press' Investmentclaims.com (since 2017)
  • Large and Complex Committee (LCC), American Arbitration Association (since 2018)
  • Fellow, Chartered Institute of Arbitrator (FCIArb) (since 2018)
  • Diversity Committee, Royal Society of Arts (USA) (since 2018)
  • Fellow, Asian Institute of Alternative Dispute Resolution (AiADR) (FAIADR) (since 2018)
  • Fellow, UK's Royal Society of Arts (FRSA) (since 2018)
  • Member, Council of the American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) (since 2019)
  • Member, International Bar Association's (IBA) Taskforce for the revision of the IBA Rules on the Taking of Evidence in International Arbitration and the Commentary on the Rules (since 2019)
  • International Liaison Officer, Bali International Arbitration and Mediation Center (BIAMC) (since 2019)
  • Advisory Board, Boston International Arbitration Council (BIAC) (since 2020)
  • Ambassador, International Chamber of Commerce (ICC) Commission on One Belt, One Road (since 2020)
  • Steering Committee, Pledge for Greener Arbitrations (2020)
  • Senior Fellow, Bali International Arbitration and Mediation Center (BIAMC) (SFBiAm) (since 2020)
  • Publications Committee, International Centre for Dispute Resolution (ICDR) (2020)
  • Editor, Jus Mundi (2020)
  • Executive Committee, Rising Arbitrators Initiative (RAI) (2020)
  • Academic Taskforce Co-Chair, International Chamber of Commerce (ICC)’s USCIB (2022)
  • Distinguished Associate Editor, African Journal of International Arbitration (2022)
  • 2022’s International Arbitration Editorial Board, Law360 (2022)
  • Challenge Review Board; Procedures and Challenge Task Force, International Institute for Conflict Prevention & Resolution (CPR) (2022)
  • Chartered Arbitrator, Asian International Arbitration Centre (formerly the Kuala Lumpur Regional Centre for Arbitration (KLRCA)) (2022)
  • Ambassador, American Arbitration Association/International Centre for Dispute Resolution Foundation (2022)
  • Affiliate Member, International Commercial Disputes Committee, New York City Bar (2022)
  • Academic Council, Institute of Transnational Arbitration (ITA) (2022)
  • Editorial Board, Law360, International Arbitration (2022)
  • India Conference Co-Chair, American Bar Association, Section of International Law (2022)
  • Associate Editor, Brill Perspective in International Investment Law and Arbitration (2022)
  • American Society of International Law (ASIL), Signature Topics Initiative (2022)
Overview

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