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MARK KANTOR RECENT ADR ENGAGEMENTS AND ARBITRATOR DISCLOSURE POLICY

Arbitrator in dispute over water rights in Western U.S. ranches. Issues included interpretation of limited liability operating agreement, water rights easement, remedies.

Arbitrator in FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) compensation disputes.

Arbitrator in telecommunications concession dispute between foreign investor and Central American host State.

Arbitrator in dispute between North Asian telecommunications manuafacturer and U.S. equipment supplier.

Arbitrator in dispute over termination of satellite launch facilities.

Chair in a dispute over alleged failure to maintain mandatory insurance under an umbrella franchise agreement involving hotels in Southeast Asia. Issues include interpretation of scope of submission to arbitration, obligations of guarantors and impact of ongoing personal liability litigation against franchisee.

Chair in a proceeding involving claims for failure to pay indebtedness under Eurobonds and improper transfer of group assets and counterclaims for indemnity. Issues involving impact of alleged improper asset transfers on obligation of controlling parties and alleged transferees to submit to arbitration.

Arbitrator in a dispute over compliance with a securities clearing agreement between an introducing broker and a clearing broker. Issues include impact of several related customer arbitration and court proceedings, indemnification for attorneys fees and counterclaims.

Arbitrator in a proceeding relating to breach of contract claims under a strategic alliance for joint development and supply of semiconductor products. Issues include impact of most-favored-nation pricing provision, limitation of liability clause and consequential damages claims, and computation of damages.

Sole arbitrator in dispute under franchise agreement for hotel development and operation, including liquidated damages claim.

Neutral in a multi-billion dollar dispute between Western European and U.S. investors over a Latin American telecommunications joint venture. Issues involving interpretation and enforcement of letter agreement, joint venture obligations, project financing, capacity sales on fibre optic cable, public securities offering, valuation of minority interest and damages (DCF, comparable companies, comparable transactions). Numerous document disclosure issues.

Neutral in a dispute between sellers and buyer under an acquisition agreement for a manufacturing company. Issues involving interpretation of aquisition agreement, US securities law requirements, fraud and misrepresentation allegations, due diligence, enforceability of damages ceiling, calculation of damages (DCF, EBITDA, cost of capital, comparable companies).

Jointly-appointed expert to determine billing dispute for Latin American inside-the-fence private power project. Issues involved interpretation of contract and computation of demand and back-up energy charges.

Sole arbitrator in a dispute over international switched voice services. Issues involving contract interpretation, credits, burden of proof.

Chairman in an arbitration between parties to a telecommunications calling card venture. Issues involving contract interpretation, market practice.

Sole arbitrator in dispute over exercise of put option in wireless telecommunications joint venture. Issues involving contract interpretation, joint venture obligations, fiduciary duties, conversion of assets, audit requirements, fraud and misrepresentation, implied covenant of good faith and fair dealing, valuation of minority interest (DCF, EBITDA, comparable transactions). Numerous disclosure issues.

Party-appointed arbitrator in a matter involving claims under a political risk insurance policy with respect to an Asian power project. Issues involving expropriation claims, due diligence, misrepresentation claims, contract interpretation. Numerous disclosure and privilege issues.

Chairman in an arbitration over performance of an IT consulting contract to develop trade finance systems for a commercial bank. Issues involving contract interpretation, market practice.

Party-appointed arbitrator in connection with disputes between two investors in a merchant power project. Issues involving joint venture obligations, project financing, fiduciary responsibilities, bad faith, merchant markets, contract interpretation, damages (DCF, CAP-M, comparable companies, comparable transactions). Numerous disclosure issues.

Neutral in injunctive arbitration proceedings relating to enforcement of customer confidentiality and non-compete provisions and subsequent breach of contract phase. Issues involving standards for injunctive relief, interim measures of protection, enforceability of non-compete provisions, industry practice, damages (DCF, EBITDA, comparable transactions).

Sole arbitrator in a dispute over the resale of long-distance telecommunications services. Issues involving contract interpretation, credits, damages.

Mediator in a dispute between parties to a Southeast Asian petroleum concession.

Mediator in a securities dispute between a broker-dealer and a customer.

Mediator in an employment dispute between a manager and a securities firm.

 

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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