Until he retired from Milbank, Tweed, Hadley & McCloy LLP, Mark Kantor was a partner in the Corporate and Project Finance Groups of the Firm and resident in the Washington, D.C. office. He serves as an arbitrator and mediator in commercial and investment disputes, and as an Adjunct Professor at the Georgetown University Law Center (Recipient, 2006 Fahy Award for Outstanding Adjunct Professor). Mr. Kantor is a member of the World Bank Group Sanctions Board. He is also Editor-in-Chief of the online journal Transnational Dispute Management.
Mr. Kantor is a qualified arbitrator and a member of the American Arbitration Association Commercial and International Panels, the AAA's Large Complex Case Roster, the AAA/ICDR's Energy Arbitrators List, the ICC Arbitrator Database, The Chartered Institute of Arbitrators, the London Court of International Arbitration list of arbitrators, the rosters of arbitrators of the Hong Kong, Singapore and Kuala Lumpur International Arbitration Centres, the Pakistani Center for International Investment and Commercial Arbitration roster, the CPR Panel of Distinguished Neutrals for Banking and Finance, the CPR International Panel and the CPR Energy Committee. He is a Chartered Arbitrator of The Chartered Institute of Arbitrators. He is honored in Who’s Who in America; Who’s Who in the World; Who’s Who in American Law; International Who’s Who, Commercial Arbitration; Chambers USA, International Arbitrators; Best Lawyers in America; U.S. News & World Report, Tier 1 International Arbitration; Lifetime Achievement Award from Marquis Who's Who; and Superlawyers. In 2013, he was named Best Lawyers Washington DC International Arbitration - Governmental "Lawyer of the Year." Mr. Kantor was the 2011 recipient of the Arbitral Women Honorable Man Award.
Mr. Kantor's principal transactional focus during his years of practice at Milbank Tweed was in the area of domestic and international investments and financings. His practice combined Wall Street expertise with Washington experience. He has represented sponsors and financial institutions (including export credit agencies and multilaterals) in complex project financings and other infrastructure projects, structured and off-balance-sheet financings and workouts and restructurings. He has considerable experience with the energy, power, telecommunications, aircarrier and financial services industries. In addition, Mr. Kantor represented acquirors, sellers and financing parties in numerous M&A transactions.
Mr. Kantor also has represented financial institutions and users in connection with numerous complex credit, interest rate and foreign exchange structured finance and derivatives transactions. During the Asian financial crisis in the late 1990’s, he was the U.S. head of Milbank’s Asian Crisis Team, and has represented public sector and private sector parties in numerous transactions, workouts and bankruptcies, both domestic and international. In addition, he has represented U.S., Japanese and Canadian government agencies and multilateral financial institutions in a variety of financing transactions, workouts, bankruptcies and international reschedulings. In 1990, Mr. Kantor served as the first outside General Counsel of the RTC Oversight Board, the U.S. Federal agency with policy oversight responsibility for the savings & loan crisis.
Corporate and international finance and investment experience; including project, trade and equipment investments and financings relating to the energy, petrochemicals, telecommunications, water, banking and other industries; political risk insurance; private equity investments; joint ventures and M&A; real estate financings and investments; domestic and international bankruptcies and workouts; derivatives and structured financings; domestic and international leasing, bank financings and capital markets activities.
Arbitration and litigation experience; including investment treaty claims, contract claims, business torts and delicts, corruption, fraud, limitations of liability, power, renewables, oil & gas, coal, infrastructure projects, metallurgical facilities, M&A, real property, securities law, competition law, patents and trade secrets, FRAND, commodities, FIFRA, structured finance and derivatives claims, bankruptcy, licensing, pharmaceuticals, technology development, franchise agreements, financings, sales transactions, telecommunications, satellites and launch vehicles, political risk insurance, generic top-level domains, employment agreements, and valuation and damages aspects of disputes.
Mr. Kantor is a member of the ADR Advisory Board of the International Law Institute, the Editorial Board of Global Arbitration Review and the Boards of Editors of the Journal of World Energy Law and Business, the Journal of Damages in International Arbitration and the Journal of Technology in International Arbitration. Additionally, he serves as a member of the Editorial Board for investmentclaims.com and as an Associate Editor of the Oil-Gas-Energy Law Intelligence Service. Over the years, he has served repeatedly as Chair and as Vice-Chair of the DC Bar International Dispute Resolution Committee, and the DC Bar International Investment and Finance Committee. Mr. Kantor is the author of Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (Kluwer 2008), named Best Book of 2008 in the OGEMID Awards, and “A Code of Conduct for Party-Appointed Experts in International Arbitration – Can One be Found?” 26 Arbitration International 323 (2010), named Best International Dispute Resolution Article of 2010 in the OGEMID Awards.
Recent arbitration and mediation engagements include disputes in the energy (upstream, mid-stream, and downstream oil & gas, coal and power), M&A, telecommunications, health care and pharma, semiconductors, political risk insurance, generic top-level domains, securities, real property, water rights, finance and financial instruments, derivatives, banking, hotel management, aircraft, information technology, satellites and launch vehicles, product development and manufacturing fields, involving such varied issues as international investment law, joint venture duties, breach of contract, licensing, fiduciary obligations, expropriations, Eurobond obligations and lender liability claims, contractual and statutory limitations on liability, emergency and permanent injunctive relief, damages and complex valuations, patent and trade secret disputes, compliance with securities laws, competition law, misrepresentations and bad faith, consolidation and dispositive motions, bifurcation of proceedings, scope of document disclosure, privileges and arbitrability.
Before retiring from Milbank Tweed, Mr. Kantor was the lead partner in Milbank's involvement in a number of prominent domestic and international project financings, including several "Deals of the Year" named by trade periodicals over the years. Among his engagements were the first major independent power project in the United States (the Doswell Project), the first project financing by U.S. Eximbank's Project Finance Division (Upper Mahiao in the Philippines), the first private power project in Indonesia (Paiton), the first private power project in the Gulf and the first ECGD and CoFACE limited recourse project financings (Al Manah, in Oman), the first limited recourse power project in Turkey (Trakya Elektrik), the first World Bank partial risk guarantee (Uch in Pakistan), the first capital markets offering to finance an international water project and the first Inter-American Development Bank partial risk guarantee (both in the Salitre project in Colombia).
Mr. Kantor was a leader of Milbank's Asian Task Force and was extensively involved in the Firm's Asian workouts and restructurings, including engagements in Indonesia and Pakistan. In domestic proceedings, he acted as bankruptcy counsel in a number of well-known insolvencies, including the Pan Am, Continental Airlines, AmericaWest, Air Wisconsin, AroChem refinery and Jesup Plastics bankruptcies, as well as numerous negotiated workouts. In addition to his transactional experience, Mr. Kantor argued before U.S. District and Bankruptcy Courts in litigation proceedings, as well as assisting in litigation before the Hong Kong Supreme Court (the trial court in the Hong Kong court system).
Mr. Kantor has written extensively on international business matters. In addition to his book Valuation for Arbitration and co-editing Reports of Overseas Private Investment Corporation Determinations, serving as Editor-in-Chief for Transnational Dispute Management and on numerous editorial boards for publications, he has published numerous additional articles and papers.
Mr. Kantor has taught as a faculty member of the International Law Institute and has chaired or spoken at numerous professional conferences.
In 1990, Mr. Kantor was General Counsel of the Resolution Trust Corporation Oversight Board (the U.S. Federal agency responsible for supervision and oversight with respect to the S&L crisis). He served from 1987 until 1999 as Counsel to the American Academy of Diplomacy. Until 2014, he was a Senior Fellow at the Columbia Center for Sustainable International Investment (a joint undertaking of Columbia Law School and the Earth Institute at Columbia University).
Mr. Kantor graduated with honors in 1975 from the University of Southern California and in 1979 from both the University of Michigan's Institute for Public Policy Studies, where he received his master's degree, and the University of Michigan Law School. He joined Milbank Tweed in 1979, and was assigned to the Firm's Hong Kong office for several years in the 1980s. In late 1986, he became a partner in the Firm. He relocated to the Washington, D.C. office in 1987. Mr. Kantor retired from Milbank Tweed at the end of 1999.
Interested parties should not rely on this website or Mr. Kantor’s CV as a complete or updated source of disclosure information about Mark Kantor. Mr. Kantor does not maintain a current or complete list of engagements, publications, memberships or associations, whether on his website or otherwise. He is a member of or teaches at a number of organizations. As noted above, he is Editor-in-Chief of TDM, from which he receives a small fixed honorarium, and is a member of boards of editors of other periodicals. Advertising, sponsorship or other support by such a periodical or its affiliates for conferences and similar events is a matter within the authority of the publishers of those periodicals, not the editors. Mr. Kantor also attends numerous conferences and events related to inter alia arbitration and litigation, international business transactions, international law and commercial, investment, project finance and finance law. He participates on several social networks, including Facebook and LinkedIn. He also publishes and speaks regularly on issues of international arbitration and international law and business, including damages and valuation issues in disputes. It is likely that he has had contacts, therefore, with numerous individuals and organizations that are engaged to serve as expert witnesses or consultants on damages issues in disputes for which he is proposed to serve as an arbitrator. Mr. Kantor does not maintain records of fellow members, speakers, advertisers, sponsors, organizers, faculty, students, authors, participants, “friends,” “connections,” committee members, employees or attendees of such organizations, periodicals or events, as that is not by itself, “from the point of view of a reasonable third person having knowledge of the relevant facts and circumstances,” a matter that “would give rise to justifiable doubts as to the arbitrator’s impartiality or independence.” General Standard 2, International Bar Association Guidelines for Conflicts of Interest in International Arbitration (2004); Canon II, Code of Ethics for Arbitrators in Commercial Disputes, American Bar Association (2004). Mr. Kantor requests any party in an arbitration for which he is proposed as an arbitrator to promptly disclose any facts or circumstances leading that party to question his impartiality or independence as soon as that information is reasonably available to the party and, for that purpose, to undertake a reasonable search of information and make reasonable inquiries promptly after learning of Mr. Kantor’s prospective appointment as arbitrator. In light of current jurisprudence in the United States and elsewhere, including Applied Industrial Materials Corporation v. Ovalar Makine Ticaret Ve Sanayi, A.S., 492 F.3d 132 (2d Cir. 2007), Mr. Kantor makes a statement substantially similar to this paragraph in disclosure statements for all arbitrations in which he is nominated to serve as an arbitrator.