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Kabir Duggal

S.J.D. Candidate

kduggal at sjd.law.harvard.edu

Dissertation

Investor-state arbitration has acquired special significance in recent years. On the one hand, the recent US$50 billion award against Russia in the Yukos arbitration demonstrates the far-reaching powers of an investor-state tribunal. On the other hand, there is an ongoing debate relating to the power of three unelected individuals (i.e., the arbitral tribunal) who review decisions of lawfully-elected representatives in matters that touch upon a state’s sovereignty.

The debate is heightened by the view of developing countries that that the system is inequitable? Indeed, one of the recurring themes in international investment law has been the asymmetry between developing and developed countries when it comes to the negotiations of Bilateral Investment Treaties (BITs) or Free Trade Agreements (FTAs). Investor-state arbitration is facing a huge backlash and that has led to a variety of proposals for reform. However, the reform process can only be successful if we have insight into more fundamental questions about what the problems are. Once we understand them, the reform process can be appropriately tailored to find solutions.

I propose to investigate issues relating to the ISDS reform process.

Fields of Research and Supervisors

  • Business and Human Rights with Professor Gerald L. Neuman, Harvard Law School, Principal Faculty Supervisor
  • International Economic Law with Professor Petros Mavroidis, Columbia Law School
  • Public International Law and Methodology in International Law with Professor Mark Wu, Harvard Law School

Additional Research Interests

  • International Law and Development
  • History of International Law
  • Third World Approaches to Human Rights Law

Education

  • Harvard Law School, S.J.D. Candidate 2019- Present
  • Leiden Law School, Ph.D. 2019 (CEPANI Academic Prize for a total of 5000 Euros)
  • NYU School of Law, LL.M. 2008 (Hauser Global Scholar & Transitional Justice Fellow)
  • University of Oxford, U.K., BCL 2007 (Oxford-Cambridge Society of India Scholar, DHL-Times of India Scholar)
  • University of Mumbai, India, LL.B. 2004 (Gold Medal)

Representative Publications

Additional Information

  • Languages: English, Hindi

Last Updated: April 30, 2021