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Kabir A.N. Duggal
S.J.D. Candidate

kduggal at


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 Fair and Equitable Treatment (FET) standard, in particular, has emerged as the most invoked standard. The FET standard today as developed by arbitral tribunal is a broad, expansive standard and it includes several elements including: (i) administrative negligence; (ii) stable and predictable legal framework; (iii) consistency and transparency by all organs of the state; (iv) denial of justice; (v) proportionality; (vi) procedural/substantive propriety and due process; and (vii) the protection of an investor’s legitimate expectations. Convention scholarship in ISDS tells is that the FET standard gained prominence after WWII with the US Treaties on Friendship, Commerce, and Navigation (“FCN”). My dissertation seeks to trace the origin and history of the FET standard looking at early historical sources as well as documents from the U.S. archives.

Fields of Research and Supervisors

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

Additional Research Interests

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


  • 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: August 14, 2023