Mark Kantor

Until he retired from Milbank, Tweed, Hadley & McCloy, Mark Kantor was a partner in the Corporate and Project Finance Groups of the Firm. He currently serves as an arbitrator and mediator. He also teaches as an Adjunct Professor at the Georgetown University Law Center (Recipient, Fahy Award for Outstanding Adjunct Professor). Mr. Kantor serves as a member of the World Bank Group Sanctions Board. Additionally, he is Editor-in-Chief of the online journal Transnational Dispute Management.

Experience

AREAS OF EXPERTISE: Corporate and international finance and investment; including project, trade and equipment investments and financings relating to the energy, petrochemicals, telecommunications, water, banking and other industries; 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; including investment treaty claims, contract claims, infrastructure projects, M&A, securities law, structured finance and derivatives claims, bankruptcy, licensing, technology development, franchise agreements, financings, sales transactions, telecommunications, employment agreements, and valuation and damages aspects of disputes. Member, World Bank Group Sanctions Board. Member, Council of the American Arbitration Association (formerly, Member of the Board of Directors, 2010-2016). Chartered Arbitrator, The Chartered Institute of Arbitrators and Chair, Washington, D.C. Chapter (2008-2010). Former Chair, D.C. Bar International Investment and Finance Committee, and former Chair and Vice-Chair, D.C. Bar International Dispute Resolution Committee. Fellow, College of Commercial Arbitrators. Member, ADR Advisory Board, International Law Institute, Washington, D.C. Member of the American Arbitration Association Large Complex Disputes, Commercial and International Panels, the ICC database of arbitrators, the AAA/ICDR Energy Arbitrators’ List, the Singapore International Arbitration Centre panel of arbitrators, the Hong Kong International Arbitration Centre panel of arbitrators, the London Court of International Arbitration list of arbitrators, the Kuala Lumpur Regional Centre for Arbitration, the Pakistani Center for International Investment and Commercial Arbitration panel of arbitrators and the CPR Panel of Distinguished Neutrals for Banking and Finance and International Neutrals Panel. Until he retired from the Firm at the age of 44, Mark Kantor was a partner in the Corporate and Project Finance Group of Milbank, Tweed, Hadley & McCloy, acting as 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 throughout the 1990s. His practice combined Wall Street expertise with Washington experience. Kantor has represented investment banks, commercial banks, sponsors, institutional investors and government authorities in complex financing and investment transactions, and he has considerable experience in the energy, power, telecommunications, technology, aircarrier, satellite, financial services and leasing industries. 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, 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. Mr. Kantor is also a member of the Editorial Board of Global Arbitration Review, the Board of Editors of the Journal of World Energy Law and Business, the Board of Editors of the Journal of Damages in International Arbitration, the Editorial Board of the Journal of Technology in International Arbitration and the ADR Advisory Board of the International Law Institute. Among other publications, 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.

Work History

2017-current Member, World Bank Group Sanctions Board 2000-current Arbitrator and Mediator 2000-current Adjunct Professor, Georgetown University Law Center (Recipient, 2006 Fahy Award for Outstanding Adjunct Professor) 2009-current Editor-in-Chief, Transnational Dispute Management 2007-2013 Senior Research Fellow, Vale Columbia Center on Sustainable International Investment 1987-1999: Partner, Milbank, Tweed, Hadley & McCloy Washington, D.C. Office Retired December 31, 1999 1990: Served as first full-time General Counsel to the Resolution Trust Corporation Oversight Board, the U.S. Federal agency with oversight and policy supervision with respect to the Savings & Loan crisis 1984-1987: Associate and then Partner, Milbank, Tweed, Hadley & McCloy New York Office 1981-1984: Associate, Milbank, Tweed, Hadley & McCloy Hong Kong Office 1979-1981: Associate, Milbank, Tweed, Hadley & McCloy New York Office

Cases

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 dispute over internal rate of return calculation in joint venture, as party-appointed arbitrator in dispute over joint venture buy-out, as party-appointed arbitrator in dispute over payments for oil & gas equipment by state-owned enterprise, as party-appointed arbitrator in Brazilian oil project shareholder dispute, as party-appointed arbitrator in five inter-related arbitrations with respect to power project ownership dispute, as party-appointed arbitrator in ICSID arbitration relating to a dispute between a metallurgical company and a European State, as chair in a patent licensing dispute, as sole arbitrator in dispute under English law relating to hotel developments, as chair in dispute over patent rights relating to aircraft systems, as chair in a dispute over asbestos liability, as chair in a dispute relating to international concrete supplies, as chair in in an intellectual property dispute related to fracking technology, as chair in a dispute over control of 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 dispute relating to hotel development, as sole arbitrator in 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 licensing agreement for blood testing products and technology, as co-arbitrator in a dispute over payments with respect to acquisition of 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 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. Also serving as panelist or chair in numerous disputes before the World Bank Group Sanctions Board relating to allegations of contractor corrupt conduct, fraud and misrepresentations.

Training

See www.mark-kantor.com

License(s)

New York Bar District of Columbia Bar Registered Foreign Lawyer, Law Society of England and Wales (until 2000).

Education

University of Michigan Law School, J.D. 1979 with honors Research & Development Editor, University of Michigan Journal of Law Reform Louis Honigman Award University of Michigan, Institute for Public Policy Studies Masters of Public Policy, 1979 University of Southern California, A.B. 1975 with honors (International Relations and Political Science) Phi Beta Kappa Blackstonians Honor Society Undergraduate Year Abroad Honors Program, 1973-74, University College, University of London

Publications

Extensive. See www.mark-kantor.com for a list.

Awards

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; Lifetime Achievement Award from Marquis Who’s Who; Who’s Who Legal Global Elite Thought Leader; Chambers USA, International Arbitrators; Best Lawyers in America (International Arbitration; Washington, D.C.); Super Lawyers; U.S. News & World Report, Tier 1 International Arbitration; Best Lawyers 2013 Washington DC International Arbitration - Governmental ’Lawyer of the Year.’ Recipient, ArbitralWomen Honorable Man Award (2011).

Panels

Member, Council of the American Arbitration Association (formerly, Member of the Board of Directors, 2010-2016). Chartered Arbitrator, The Chartered Institute of Arbitrators and Chair, Washington, D.C. Chapter (2008-2010). Member, World Bank Group Sanctions Board. Former Chair, D.C. Bar International Investment and Finance Committee, and former Chair and Vice-Chair, D.C. Bar International Dispute Resolution Committee. Fellow, College of Commercial Arbitrators. Member, ADR Advisory Board, International Law Institute, Washington, D.C. Member of the American Arbitration Association Large Complex Disputes, Commercial and International Panels, the ICC database of arbitrators, the AAA/ICDR Energy Arbitrators’ List, the Singapore International Arbitration Centre panel of arbitrators, the Hong Kong International Arbitration Centre panel of arbitrators, the London Court of International Arbitration list of arbitrators, the Kuala Lumpur Regional Centre for Arbitration, the Pakistani Center for International Investment and Commercial Arbitration panel of arbitrators and the CPR Panel of Distinguished Neutrals for Banking and Finance and International Neutrals Panel.

Associations

Member, Council of the American Arbitration Association (formerly, Member of the Board of Directors, 2010-2016) Editor-in-Chief, Transnational Dispute Management Editorial Board, Global Arbitration Review Editorial Board, Journal of World Energy Law and Business Member, Board of Editors, Journal of Damages in International Arbitration Member, Board of Editors, Journal of Technology in International Arbitration Editorial Board, investmentclaims.com Associate Editor, Oil, Gas & Energy Law Intelligence Service (OGEL) Fellow, College of Commercial Arbitrators Chartered Arbitrator, The Chartered Institute of Arbitrators