Departing Gentleman

MARK KANTOR RECENT APPOINTMENTS

Mr. Kantor’s recent dispute resolution engagements include serving as a mutually-appointed chair in an ICSID arbitration relating to renewable energy regulatory changes in Spain, as party-appointed arbitrator in an ICSID arbitration relating to a dispute between a metallurgical company and a European State, as chair in a patent licensing dispute, as chair in a dispute over asbestos liability, as chair in a dispute relating to international concrete supplies, as chair in an intellectual property dispute related to fracking technology, as chair in a dispute over control of a second arbitration, as chair in a dispute relating to Eurobonds, as chair in a franchise dispute, as chair in an arbitration over performance of an IT consulting contract to develop finance systems for a commercial bank, as Emergency Arbitrator in a joint venture dispute, as sole arbitrator in a telecoms services dispute, as sole arbitrator in government procurement contract dispute subject to ITAR, as co-arbitrator in a dispute over a Latin American oilfield equipment contract, as co-arbitrator in a dispute related to allegations of breach of joint venture arrangements for the manufacture of solar cells and competition law defenses, as co-arbitrator in a publicly-disclosed dispute between the State of Alaska and BP Exploration (Alaska) Inc. relating to loss or deferral of oil and natural gas liquids, as co-arbitrator in a dispute related to a licensing agreement for blood testing products and technology, as co-arbitrator in a dispute over payments with respect to acquisition of a coal company, as sole arbitrator in a claim for compensation under a political risk guarantee, as sole arbitrator in a dispute over fertilizer products, as co-arbitrator in a dispute over breach of a joint venture agreement and competition law defenses, as co-arbitrator in a dispute over a clothing manufacture contract, as sole arbitrator in a dispute over technology for a consumer electronics product, as party-appointed arbitrator in a DR-CAFTA investor-state arbitration related to an electricity concession in Dominican Republic, as party-appointed arbitrator in a DR-CAFTA investor-state arbitration related to ownership and use of land in Costa Rica, as institutionally-appointed arbitrator in a claim for breach of contract under a telecommunications concession, as an institutionally-appointed arbitrator and as a party-appointed arbitrator in several hotel management disputes, as party-appointed arbitrator in a dispute over delivery of mobile telecommunications equipment, as institutionally-appointed arbitrator in a dispute involving a long-term semiconductor strategic alliance agreement, as institutionally-appointed arbitrator in a multi-billion dollar dispute between investors over a telecommunications joint venture, as an institutionally-appointed arbitrator and as a party-appointed arbitrator in several satellite-related disputes, as institutionally-appointed arbitrator in a dispute between sellers and buyer under an acquisition agreement, as institutionally-appointed arbitrator in a dispute over water rights for a cattle ranch, as institutionally-appointed arbitrator in an international construction contract dispute, as sole arbitrator in a dispute over switched voice services, as sole arbitrator in a dispute over estate landscaping services, as party-appointed arbitrator in a matter involving claims under a political risk insurance policy with respect to an Asian power project, as “billing expert” in a non-binding expert determination with respect to payments under a power supply agreement, as institutionally-appointed arbitrator in a case involving claims by a broker-dealer that certain departing brokers had breached provisions of their employment agreements, as a party-appointed arbitrator in connection with disputes between two investors in a merchant power project involving issues of project financing, allocation of development costs and compliance with construction obligations, as sole arbitrator in a dispute over the resale of long-distance telecommunications services, as chairman in a dispute involving a calling card arrangement, as sole arbitrator in disputes involving credit card obligations, as mediator in a dispute over ownership rights in an oil concession, as mediator in a pharmaceuticals dispute, as mediator in a securities dispute between a broker-dealer and a customer, as mediator in an employment dispute between a manager and a securities firm, as a panelist in an ICANN Independent Review Proceeding relating to disputed gTLDs, and as an expert in ICANN determinations of several objections to applications to operate generic top-level domain names.

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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