Mark Kantor

 

110 Maryland Avenue, N.E., Suite 311B

 

Washington, D.C. 20002

 

Tel: 202-544-4953; Fax: 202-318-9170; Email: Mark Kantor

 

Milbank, Tweed, Hadley & McCloy

Until he retired from Milbank, Tweed, Hadley & McCloy, Mark Kantor was a partner in the Corporate and Project Finance Groups of the Firm and resident in the Washington, D.C. office. He currently serves as an arbitrator and mediator, and teaches courses in International Business Transactions and in International Arbitration as an Adjunct Professor at the Georgetown University Law Center (Recipient, 2006 Fahy Award for Outstanding Adjunct Professor). He is also a Fellow at the Vale Columbia Center for Sustainable International Investment (a joint undertaking of Columbia Law School and the Earth Institute at Columbia University).

Mr. Kantor's principal transactional focus has been in the area of domestic and international investments and financings. His practice combines 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, and he has considerable experience with the energy, power, telecommunications, aircarrier and financial services industries. In addition, Mr. Kantor has represented acquirors, sellers and financing parties in numerous M&A transactions.

He 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 National Futures Association roster of arbitrators, the roster of arbitrators of the Hong Kong International Arbitration Centre, the CPR Panel of Distinguished Neutrals for Banking and Finance, the CPR International Panel and the CPR Energy Committee. He is a Fellow of The Chartered Institute of Arbitrators and is listed in Who's Who Commercial Arbitration, Chambers USA (International Arbitration), and The Best Lawyers in America (International Arbitration; Washington, D.C.).

Mr. Kantor is a member of the ADR Advisory Board of the International Law Institute, the Editorial Board of Global Arbitration Review, the Board of Editors of the Journal of World Energy Law and Business and the Board of Editors of The Banking Law Journal. Additionally, he serves as a Contributing Editor to International Legal Materials (American Society of International Law), a member of the Assistant Editorial Board for investmentclaims.com, an Associate Editor of the Oil-Gas-Energy Law Intelligence Service and an Associate Editor of the Transnational Dispute Managment on-line service. He is also Vice-Chair of the DC Bar International Dispute Resolution Committee, having served as Chair from 2004 until 2007. He serves as the Chair of the Washington, D.C. chapter of The Chartered Institute of Arbitrators.  Mr. Kantor is the author of Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (Kluwer Law International 2008).

Recent arbitration and mediation engagements include disputes in the energy, telecommunications, semiconductors, political risk insurance, securities, water rights, finance, banking, information technology and manufacturing fields, involving such varied issues as joint venture duties, breach of contract, fiduciary obligations, expropriations, Eurobond obligations and lender liability claims, contractual and statutory limitations on liability, interim and permanent injunctive relief, damages and complex valuations, interim relief, compliance with securities laws, misrepresentations and bad faith, consolidation and bifurcation of proceedings, scope of document disclosure, privileges and arbitrability.

Click Here to See Descriptions of Some of Mr. Kantor's Recent ADR Engagements and His Arbitrator Disclosure Policy

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 has been extensively involved in the Firm's Asian workouts and restructurings, including engagements in Indonesia and Pakistan. In domestic proceedings, he has 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 has 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).

He has also written extensively on international business matters. In addition to his book Valuation for Arbitration, Mr. Kantor writes a regular feature, "The Money Column," for Global Arbitration Review that focuses on current developments in damages and similar issues. Among Mr. Kantor's recent publications about arbitration are Arbitrator Disclosure: An Active But Unsettled Year, 2008 Int. A.L.R. 20, “Are You in Good Hands with Your Insurance Company? Regulatory Expropriation and Political Risk Insurance Policies,” in Moran & West (eds.), International Political Risk Management (World Bank Group, Fall 2007), reprinted in 12 Mealey’s Emerging Ins. Disputes 27 (September 2007) and 22 Mealey’s Int. Arb. Rep. 1 (December 2007), Arbitration Rules Update: Expedited Emergency Relief Under The AAA/ICDR, ICC And LCIA Rules, 21 Mealey’s International Arbitration Report 1 (August 2006), Fair & Equitable Treatment: Echoes of FDR's Court-Packing Plan in the International Law Approach Towards Regulatory Expropriation, 5 The Law & Pract. Int. Courts & Tribunals 231 (2006), New Amendments to ICSID's International Arbitration Rules, 2006 Stockholm International Arbitration Review 213 (2006), Dear Corporate Partner (A Commentary on Drafting a Dispute Resolution Clause), 21 Mealey's International Arbitration Report (March 2006), Limits to Enforcement of ICSID Awards (with Michael Nolan and Edward Baldwin), 23 Journal of International Arbitration 1 (February 2006), The ICC Pre-Arbitral Referee Procedure: Momentum for Expanded Use, 20 Mealey's International Arbitration Report (September 2005), The New Draft U.S. Model BIT: Noteworthy Developments, 21 Journal of International Arbitration 383 (2004), Investor-State Arbitration over Investments in Financial Services: Disputes under New U.S. Investment Treaties, 121 Banking Law Journal 579 (2004), Limitations of Arbitration, Journal of Structured and Project Finance (Fall 2002), Nationality and Control Issues Involving Financing Parties in ICSID Arbitrations, ADR and the Law (18th Ed.), International Project Finance and Arbitration with Public Sector Entities: When is Arbitrability a Fiction?, 24 Fordham International Law Journal 1122 (2001) and OTC Derivatives and Arbitration: Should Counterparties Embrace the Alternative?, 117 Banking Law Journal 408 (2000).

Click Here for a More Detailed List of Publications

Mr. Kantor has taught as a faculty member of the International Law Institute and has chaired or spoken at numerous professional conferences.

Click Here for a List of Recent Speeches, Conferences and Seminars

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.

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.

 



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ARBITRATOR DISCLOSURE

Interested parties should not rely on this website 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 on this website. Mr. Kantor is a member of or teaches at a number of organizations. He 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. Mr. Kantor does not maintain records of fellow members, speakers, sponsors, faculty, students, participants, committee members, employees or attendees of such organizations or events, as that is not by itself a “known … relationship which might reasonably affect impartiality or independence in the eyes of any of the parties.” Canon II, Code of Ethics for Arbitrators in Commercial Disputes, American Bar Association and American Arbitration 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 publicly available information promptly after learning of Mr. Kantor’s prospective appointment as arbitrator.



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