Departing Gentleman

MARK KANTOR PUBLICATIONS

"Global Trends" Keynote Address, 10th Annual Juris Investment Treaty Arbitration Conference, May 13, 2016, Washington, D.C., in Laird, Sabahi, Sourgens & Weiler (eds.) and Duggal (assoc. ed.), Investment Treaty Arbitration and International Law – Vol. 10 (juris Publishing 2017) and Transnational Dispute Management, Vol. 14, Issue 1 (January 2017)

The Use of Trusts in Financing Transactions – Special Issues Relating to Arbitration of Commercial Trusts, in Strong & Molloy (eds.), Arbitration of Internal Trust Disputes: Issues in National and International Law (Oxford University Press, 2016)

The Impact of Contributory Investor Conduct: Only with Difficulty Commensurable, in Kinnear, Fischer, Almeida, Torres & Bidegain (eds.), Building International Investment Law: The First 50 Years of ICSID (Wolters Kluwer 2016)

Fifty Billion Dollars; The Yukos Damages Awards, 2 Journal of Damages in International Arbitration 91 (2015)

Comparing Political Risk Insurance and Investment Treaty Arbitration in Essays in International Economic Law, Development and Arbitration in Honor of Don Wallace, Jr. (Sabahi, Birch, Laid & Rivas, eds. Juris Publishing 2014)

Risk management tools for respondents – here be dragons, in Third-party Funding in International Arbitration (Cremades & Dimolitsa, eds. ICC 2013)

Abaclat: An Aberration?, in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2012 (Rovine, ed. Martinus Nijhoff 2013)

Little Has Changed in the New US Model Bilateral Investment Treaty, 27 ICSID Review 335 (2012)

The New U.S. Model BIT: “If Both Sides are Angry with You, You Must be Doing Something Right, 5 NYSBA New York Dispute Resolution Lawyer, Fall 2012, 47 (2012)

Comparing U.S. Law and Recent U.S. Investment Agreements: Much More Similar Than You Might Expect, in Yearbook on International Investment Law and Policy 2010-2011 (Sauvant, ed., Oxford University Press 2011)(with Parvan Parvanov)

Reports of Overseas Private Investment Corporation Determinations (Kantor, Nolan & Sauvant, eds., Oxford University Press 2011)

Negotiated Settlement of Public Infrastructure Disputes, in New Directions in International Economic Law: In Memoriam Thomas Wälde (Weiler & Baetens, eds., Martinus Nijhoff Publishers/Brill Academic 2011)

A Code of Conduct for Party-Appointed Experts in International Arbitration – Can One be Found?, 26 Arbitration International 323 (2010)

Arbitrator Disclosure and a Duty to Investigate? in Arbitration & The Law 23rd Edition (Juris Publishing 2011)

The Administration Reviews the U.S. Model Bilateral Investment Treaty, New York State Bar Association Dispute Resolution Journal (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 (Hober, Magnusson & Ohrstrom, eds., Juris Publishing 2010)

International investment law protections for Chinese investment into the US, in Investing in the United States: Is the US Ready for FDI from China? (Sauvant, ed., Edward Elgar 2010)

New Age Compensation for Expropriation, 2 Journal of World Energy Law & Business 155 (2009)

Damages in International Commercial Arbitration: Methods of Calculation, in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, Volume 3 (Rovine, ed., Brill 2009) (with Andrea 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 (Lu, Verheyen, & Perera, eds., World Bank Group 2009) (with Andrea Saldarriaga)

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (Kluwer Law International 2008)

“The Money Column,” a regular feature in Global Arbitration Review

“Congress Considers Legislation That Could Significantly Alter Arbitration in the United States,” 75 Arbitration No. 2 (Fall 2008)

Background on US and EU Approaches to Labor and Environment Chapters in Free Trade Agreements, Presentation to OECD Global Forum VII on International Investment, Session 2.2., The policy framework for investment: the social and environmental dimensions, March 28, 2008 (with Huma Muhaddisoglu), available at http://www.oecd.org/...document/52/0,3343,en_21571361_39598752_40302580_1_1_1_1,00.html

Arbitrator Disclosure: An Active But Unsettled Year, 2008 Int. A.L.R. 20 (January 2008)

Valuation for Arbitrators: Uses and Limits of Income-Base Methods, Vol. 4, Issue 6, Transnational Dispute Resolution (November 2007)

“Are You in Good Hands with Your Insurance Company? Regulatory Expropriation and Political Risk Insurance Policies,” in International Political Risk Management (Moran & West, eds., World Bank Group 2007)

Valuation for Arbitrators: Uses and Limits of the Adjusted Book Value Method in Energy-Related Disputes, Transnational Dispute Resolution, Vol. 4, Issue 3 (2007).

New Amendments to ICSID’s Arbitration Rules, 2006:1 Stockholm International Arbitration Review 213 (2006)

Amendments to the ICSID Arbitration Rules Take Effect, Asian Dispute Review (October 2006)

Arbitration Rules Update: Expedited Emergency Relief Under The AAA/ICDR, ICC And LCIA Rules, 21 Mealey’s International Arbitration Report 1 (August 2006)

Dear Corporate Partner (A Commentary on Drafting a Dispute Resolution Clause), 21 Mealey's International Arbitration Report (March 2006)

The 'Fork in the Road' Revisited (transcript of comments at the 3rd BIICL Investment Treaty Forum on The Relationship Between Local Courts and Investment Treaty Arbitration, September 10, 2004), in Investment Treaty Law: Current Issues Vol. 1 (Ortino, Sheppard & Warner. eds., British Institute of International and Comparative Law 2006)

Limits to Enforcement of ICSID Awards, 23 Journal of International Arbitration 1 (February 2006), with Michael Nolan and Edward Baldwin

The ICC Pre-Arbitral Referee Procedure: Momentum for Expanded Use, 20 Mealey's International Arbitration Report (September 2005)

Proposed Changes to ICSID Arbitration Rules, Asian Dispute Review (October 2005)

Improvements to ICSID Arbitration, Asian Dispute Review (April 2005)

The Arbitration Risk Facing Sovereign Investors, International Financial Law Review (November 2004), with Michael Nolan and Edward Baldwin

The New Draft U.S. Model BIT: Noteworthy Developments, Journal of International Arbitration (July-August 2004)

Investor-State Arbitration Over Investments in Financial Services: Disputes under New U.S. Investment Treaties, Banking Law Journal (July/August 2004)

Nationality and Control Issues in ICSID Arbitrations, ADR and the Law (18th Ed. 2002)

Argentina, the World Bank and the IMF, Banking Law Journal (Feb. 2002)

The Limitations of Arbitration, Journal of Structured and Project Finance (Fall 2002)

The Scope of Choice of Law Clauses, 119 Banking Law Journal 724 (2002)

The War on Terrorism and the End of Banking Neutrality, 118 Banking Law Journal 891 (2001)

International Project Finance and Arbitration with Public Sector Entities: When is Arbitrability a Fiction?, 24 Fordham International Law Journal 1122 (2001)

The Increasing Role of Interest Groups in Investment Transactions Involving International Financial Institutions, ILSA Journal of International and Comparative Law (Summer 2001)

OTC Derivatives and Arbitration: Should Counterparties Embrace the Alternative?, 117 Banking Law Journal 408 (2000)

Viewpoint: The WTO & Private Power in China, Project Finance & Risk, April 2000

Foreign Direct Investment in Chinese Telecoms: Changes in the Regulatory Scheme, Cambridge Review of International Affairs, Spring 2000

The Asian Crisis and Project Financing, Global Project Finance-Law Report, August 1998

Claims Under Eximbank and OPIC Political Risk Cover, Project Finance International, February 1998 (with Lisa Boykin)

The Ordinary Power Project--Dispute Resolution Analysis, Project Finance International, January 1998 (with Dean Manson)

Asian Risk and the Role of Arbitration, Power in Asia, December 1997 (with Thomas M. Tobin)

Iran and Libya Sanctions Act: Response to Iranian Gas Deal May Affect Future Investments, Middle East Executive Reports, September 1997 (with Fred Reinke)

The Challenges for U.S. Eximbank and OPIC in Latin America, Project Finance International, September 1997

Pakistan: Projects Aplenty Despite Economic Uncertainty, Infrastructure Yearbook 1997 (with John Dewar)

Turkey, A Year of Unrealized Potential, Infrastructure Yearbook 1997 (with Shazia Khawaja)

International Energy Project Finance Matures, International Power Finance Review 1997 (with Eric Silverman)

OPIC at Risk, Infrastructure Finance, November 1996 (with James M. Schwarz)

Environmental Due Diligence in OPIC-Assisted Financings, Project Finance International, April 1996 (with Robert F. Lawrence and S. Curtis Fish)

U.S. Sanctions on Foreign Investors in Iranian and Libyan Petroleum Development, Project Finance International, January 1996 (with James M. Schwarz)

Paiton Power Project: The Model for Private Power in Indonesia, Privatisation International Infrastructure Yearbook 1996 (with Julie Jacobs)

Pakistan: Progress Despite Political Instability, Privatisation International Infrastructure Yearbook 1996 (with John Dewar)

Project Finance Procedures at U.S. Exim, Project Finance International, October 1995

The New Role for International Financial Institutions and Export Credit Agencies in Infrastructure and Project Finance, Contemporary International Law Issues: Conflicts and Convergence, Proceedings of the Third Joint Conference held in The Hague, The Netherlands, July 1995

Indonesia: The Importance of Reliable Coal Supply, Power in Asia, May 1995

Rule 144A and Regulation “S” Widen Doors to U.S. Public Markets, Finance & Treasury, April 1995 (with Rohit Kirpalani)

JVs and the Foreign Corrupt Practices Act, Strategic Alliance Alert, January 1995 (with Judge William H. Webster and Richard C. Tufaro)

World Bank Approves Mainstream Use of Guarantees, Project Finance International, October 1994

Asian Project Finance: Capital Market Offerings Under Rule 144A, East Asian Executive Reports, September 1994

U.S. Exim Considers the Environment, Project Finance International, May 1994

The Limitations of Democracy-Building as a Foreign Policy Tool, The Aspen Institute Quarterly, Autumn 1993

Adjudicating Gulf War Damage Claims, The Review of Banking & Financial Services, August 1991

Settling Claims After the Gulf Crisis, Directorship, April 1991 (with Frederick R. Scarboro)

Exon-Florio Regulations Could Affect Financial Institutions in Unexpected Ways, Foreign Investment in the U.S.--News & Analysis, September 1989 (with Carl J. Green)

The Convention on Contracts For the International Sale of Goods: An International Sales Law, International Law Practicum, Autumn 1988

LBO Report: Bridge Financing and Black Monday, Directors & Boards, Winter 1987

Expropriations: Risk versus Reasoning, Asian Banking Magazine, January 1983

International Trader, Amcham Magazine (a series of six articles published in 1983 covering issues of international trade law, with Stanley J. Marcuss and John H. Shenefield)

Political Risk in IMF Exchange Controls, Asian Banking Magazine, June 1982

Deposits at Expropriated Foreign Branches of U.S. Banks, University of Illinois Law Review, Volume 1982, No. 1 (with Francis D. Logan)

The Trigger Price Mechanism: Limitation on Administrative Discretion under the Antidumping Laws, University of Michigan Journal of Law Reform, Volume 11, Spring 1978

The Legal and Institutional Framework for an Airport Noise-Compatibility Land Use Program, University of Michigan Journal of Law Reform, Volume 10, Spring 1977

ARBITRATOR DISCLOSURE

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.

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