Kabir Duggal

American

17+ years of experience

Language:

English

Hindi

Present Function:

Senior Fellow and Advisor at the Center for International Commercial and Investment Arbitration at Columbia Law School (CICIA) and an attorney in Arnold and Porter's New York office, focusing on international arbitration and public international law matters, serving both as arbitrator and mediator. He is recognized as a “Chartered Arbitrator” (the highest ranking for arbitrators) by both the Chartered Institute of Arbitrators and the Asian Institute of Alternative Dispute Resolution. An expert on international arbitration and public international law matters. Lecturer-in-Law at Columbia Law School, an adjunct Professor at Fordham Law School, and a Course Director and a Faculty Member for the Columbia Law School-Chartered Institute of Arbitrators Comprehensive Course on International Arbitration. Consultant for the United Nations Office of the High Representative for Least Developed Countries (UN-OHRLLS) on the creation of a novel "Investment Support Program." An expert working closly with the U.S. Department of Commerce's Commercial Law Development Program (CLDP). Conducting training and capacity-building sessions for several Governments on public international law and dispute resolution matters. Publication of over 60 articles and speaker at over 400 arbitration events all over the world. Graduate of the University of Mumbai, University of Oxford (DHL-Times of India Scholar), NYU School of Law (Hauser Global Scholar), Leiden Law School (2019 CEPANI Academic Prize), and is currently pursuing an SJD Degree from Harvard Law School. Admitted to practice law in New York, District of Columbia, England & Wales (as a Barrister), and in India. His LinkedIn profile is available here: https://www.linkedin.com/in/duggalkabir/

General Expertise:

Technical Expertise:

Certifications and/or licenses

Bar Admissions: New York (U.S.), Washington D.C. (U.S.), England & Wales (Barrister; former Solicitor), & Maharashtra and Goa (India).

Professional legal or litigation experience related to the scope of competence of the PMAC

Over the course of more than fifteen years in international dispute resolution, advised and represented parties in complex disputes involving intellectual property rights, including patents, licensing, and related contractual arrangements.; experience includes serving as arbitrator in over 70 cases and as mediator in 20 cases, many of which involved intellectual property and technology-intensive sectors such as pharmaceuticals, life sciences, telecommunications, software, and energy innovation.

As Senior International Arbitration Advisor at Arnold & Porter has acted as counsel in investor–state and international commercial disputes where patents, trademarks, and licensing agreements were central to the dispute. This has required in-depth engagement with issues of patent infringement, validity, regulatory approval, and the impact of intellectual property protection on foreign investment. My practice has also included cases concerning supplementary protection certificates (SPCs), know-how, and licensing agreements.
Advisor to governments, corporations, and international organizations (including the United Nations and the World Bank) on dispute resolution frameworks involving intellectual property, technology transfer, and innovation policies. Appointed to panels of neutrals and rosters for leading arbitral institutions.

Professional technical experience related to the scope of competence of the PMAC

Professional Technical Experience

Function / Role: Technical Arbitrator, Technical Expert Advisor, and Technical Counsel in patent-related disputes.

Years of Service: 15 years.

Institution / Employer:

Current: Arnold & Porter – Senior International Arbitration Advisor and Technical Advisor.

Previous: International arbitration practices at Baker & McKenzie and Curtis; consultant roles for the United Nations and World Bank in technical dispute resolution.

Technical Fields:

Patent-intensive sectors—including pharmaceuticals, biotechnology, life sciences, chemical engineering, telecommunications, and advanced manufacturing.

Expertise in European (bundle) patents, Unitary Patents, and Supplementary Protection Certificates (SPCs), including related licensing and technology transfer foundations.

Relevant Technical Experience Highlights:

Patent Disputes within PMAC Scope (Article 2 of Draft Arbitration Rules):

Provided technical arbitration and expert advisory services in disputes involving European patents, unitary patents, and SPCs, all of which fall within the PMAC’s defined scope of competence.

Tackled complex issues like patent validity, infringement (or non-infringement), claim interpretation, and SPC enforcement, mirroring the jurisdictional themes under Article 2 of the Draft Rules
riskandcompliance.freshfields.com
.

Adjudication of “Related Disputes”:

Assisted arbitral tribunals with technically evaluating disputes factually or legally linked to patent matters—including licensing disagreements, technology transfer disputes, and enforceable know-how commitments—consistent with the expansive flexibility intended by "related disputes" in Article 2(1) of the Draft Rules
riskandcompliance.freshfields.com
.

SEP/FRAND and Technical Licensing Disputes:

Acted as technical arbitrator in disputes concerning Standard Essential Patents (SEPs) and FRAND licensing—central domains in PMAC’s procedural design and procedural safeguards
DLA Piper
.

Support in Arbitration Settings Operating Under PMAC Principles:

Collaborated in ADR frameworks structured to reflect PMAC’s envisioned procedural environment—confidential, flexible, and streamlined arbitration for patent disputes, including expedited and digitally-enabled proceedings
DLA Piper
unified-patent-court.org
.

Cross-Jurisdictional and Technical Cross-Training:

Guided multinational technical assessments across both civil law and common law contexts, enhancing coherence across patents held in multiple jurisdictions—including comparative understanding across EU and non-EU validation regimes (as with “bundle” patents)
riskandcompliance.freshfields.com
Wikipedia
.

Summary Table: Professional Technical Experience
Category Details
Function / Role Technical Arbitrator, Technical Expert Advisor, Technical Counsel
Years of Service 15 years
Institution / Employer Arnold & Porter (current); Baker & McKenzie, Curtis (previous); UN, World Bank (consultancy roles)
Technical Fields Pharmaceuticals, biotechnology, life sciences, chemical engineering, telecommunications, advanced manufacturing
Key Technical Expertise European patents, Unitary Patents, SPCs, patent infringement/validity, licensing, SEP/FRAND disputes, “related disputes”
Why This Matters for PMAC Application

Direct alignment with Article 2 of the Draft Arbitration Rules: Dr. Duggal’s background meets the Centre’s jurisdiction—and its intended flexibility to address “related disputes.”

Versatility in technical subject matter and ADR contexts ensures he can serve effectively across a variety of IP-intensive disputes, including emerging domains like SEPs.

Cross-border competence positions him well to engage with multinational stakeholders and diverse legal frameworks.

Institutional fit: Experience in ADR mirror PMAC’s commitment to confidentiality, efficiency, and enforceability—critical attributes as the Centre grows toward full operation.

Memberships and/or accreditations

Please see attached CV which has full details.

o American Society of International Law, Executive Council Member (2024)
o Institute for Transnational Arbitration (ITA), Executive Council Member (2024).
o ICC India Arbitration Group (IAG), Member (2024).
o Honorary President of the Bucharest International Arbitration Center (BIAC) (2024).
o New York City Bar Association, Asian Affairs Committee Co-Chair (2024).
o Institute for Transnational Arbitration (ITA), Asia Taskforce Co-Chair (2024).
o Law360, International Arbitration, Editorial Board (2024).
o Indian Journal of Arbitration Law, National Law University, Jodhpur (NLUJ) (2024).
o ICC Institute of World Business Law, Council Member (2023).
o NALSAR-IAMC ADR Journal, Advisory Board Member (2023).
o American Society of International Law (ASIL), Annual Meeting Committee Member (2024).
o American Arbitration Association/International Centre for Dispute Resolution, Large and Complex Committee (LCC), Co-Chair (2023).
o Law360, International Arbitration, Editorial Board (2023).
o Center for International Investment and Commercial Arbitration (CIICA), Young Arbitration Group’s Global Advisory Board (2023).
o ArbDossier, Advisory Board Member (2023).
o American Society of International Law (ASIL), Signature Topics Initiative (2022).
o American Arbitration Association/International Centre for Dispute Resolution Foundation, Ambassador (2022).
o Brill Perspective in International Investment Law and Arbitration, Associate Editor (2022).
o Law360, International Arbitration, Editorial Board (2022).
o American Bar Association, Section of International Law, India Conference Co-Chair (2022).
o International Commercial Disputes Committee, New York City Bar, Affiliate Member (2022). International Institute for Conflict Prevention & Resolution (CPR), Procedures and Challenge Task Force (2022).
o International Institute for Conflict Prevention & Resolution (CPR), Challenge Review Board (2022).
o International Chamber of Commerce (ICC)’s USCIB, Academic Taskforce Co-Chair (2022).
o African Journal of International Arbitration, Distinguished Associate Editor (2022).
o Law360, 2022’s International Arbitration Editorial Board (2022).
o Council For National and International Commercial Arbitration & Mediation Center (CNICA), Advisory Board Member (2021).
o Delos Disputes Tag Time webinar series, Moderator (2020).
o International Legal Materials, American Society of International Law, Corresponding Editor (2020).
o Investment and Commercial Arbitration Review, Advisory Board (2020).
o Auro Journal of Legal Research, Advisory Board (2020).
o Equal Representation for Arbitration (ERA) Pledge, Young Practitioner’s Subcommittee (2020).
o Jus Mundi, Editor (2020).
o Boston International Arbitration Council, Advisory Committee(2020).
o Belt and Road Commission, International Chamber of Commerce, Ambassador(2020).
o Pledge for Greener Arbitrations, Steering Committee (2020).
o International Centre for Dispute Resolution (ICDR), Publications Committee (2020).
o International Bar Association Arbitration Subcommittee on updating the 2010 IBA Rules on the Taking of Evidence (2019).
o California International Arbitration Council, Inc. (CIAC), Executive Committee of the Board of Directors and Academic Council (since 2019).
o Bali International Arbitration and Mediation Center (BIAMC), International Liaison Officer (since 2019).
o ICSID Review, Associate Editor (since 2019);Peer Review Board (since 2014).
o Georgetown International Investment Law Center (IILC), Advisory Committee (since 2018).
o Young Mumbai Center for International Arbitration (MCIA), Board Member (since 2018).
o The Alliance: Equality in Dispute Resolution, Ambassador (since 2018).
o Chartered Institute of Arbitrator Young Members Steering Committee (2015-2018).
o Oxford University Press’ Investmentclaims.com, Global Advisory Board (since 2017).
o Government Law College, International Arbitration Cell, Advisory Committee (since 2017).
o American Society of International Law, Private International Law Interest Group, Co-Chair (2017-2020).
o Harvard International Arbitration Law Students Association (HIALSA, Advisory Committee (since 2017).
o International Courts and Judicial Affairs Committee, American Bar Association, Co-Chair (since 2017). Formerly Programs Vice-Chair (2016-2017).
o International Arbitration, American Bar Association, Section of International Law, Programs Vice-Chair (since 2016).
o Hong Kong International Arbitration Center, HK Under45 Regional Ambassador for New York (since 2016).
o Global Arbitration News, Editor (2015-2018).
o Indian National Bar Association New York Chapter, Executive Committee Member (since 2015).
o Brill-Nijhoff Publishers, International Investment Law and Arbitration, Associate Editor (since 2015).
o The Indian Society of International Law, Life Member (since 2014).

Practical experience of conducting mediation or conciliation or judicial settlement conferences or out-of-court dispute settlements in disputes related to the scope of competence of the PMAC

Extensive experience conducting mediation and other forms of out-of-court dispute settlement in complex international disputes, including those relating to intellectual property rights, patents, supplementary protection certificates, and licensing arrangements that fall within the scope of competence of the PMAC as defined in Article 2 of its Draft Mediation Rules. Mediator in 20 disputes and as arbitrator in over 70 cases, many of which involved cross-border intellectual property issues, such as patent licensing, know-how transfer, and joint development agreements.

Senior International Arbitration Advisor at Arnold & Porter -regularly supports parties in achieving negotiated or mediated outcomes in disputes involving European and Unitary Patents, as well as in sectors where patent rights are central, such as pharmaceuticals, life sciences, biotechnology, and information and communication technology. Facilitating amicable settlements in disputes concerning infringement, validity, SPCs, and contractual rights factually or legally linked to patents. Has practical understanding of the dynamics and sensitivities of patent disputes, where mediation and conciliation can often offer more commercially sustainable solutions than litigation.

Lecturer-in-Law at Columbia Law School and Adjunct Professor at Fordham Law School: teaching international arbitration and dispute resolution, including modules on mediation and conciliation. Work with international organizations such as the United Nations and the World Bank - involved in capacity-building initiatives promoting alternative dispute resolution mechanisms for resolving investment and intellectual property disputes.