Rahim Moloo is of counsel in the New York office of Gibson, Dunn & Crutcher. He is recognized as a leader in the field of international arbitration. In 2016 and 2017, Law360 named Mr. Moloo an International Arbitration Rising Stars (under the age of 40) globally, and in 2017 Chambers USA recognized Mr. Moloo as one of three "Up and Coming" international arbitration practitioners nationally.
Mr. Moloo's practice focuses on assisting clients to resolve complex international disputes in the most effective and efficient way possible. Chambers USA identifies Mr. Moloo as "offer[ing] recognized skills in investment treaty and commercial arbitration matters, alongside related litigation work." He also advises clients on the structuring of foreign investments and matters of international law and sits as arbitrator in complex international cases. According to Chambers USA, Mr. Moloo's "strong advocacy and strategy skills stand out. He has the perfect demeanor for international disputes—he's a natural diplomat."
Mr. Moloo has experience across a number of industries, but especially in energy, mining, telecommunications, financial services, infrastructure, construction and consumer products. Many of the disputes on which Mr. Moloo advises involve claims brought in multiple jurisdictions where important strategic choices must be made about which forum will provide the best result with respect to different aspects of the dispute. And legal solutions often need to be considered in light of other avenues available, such as media campaigns and negotiations between business teams, to reach a favorable result. Mr. Moloo has experience in navigating these various options. His prior experience as General Counsel of a multinational organization in Central Asia helps him to see things from the perspective of management and in-house lawyers operating in difficult political and legal environments. Indeed, Mr. Moloo has advised on many disputes where a favorable result was achieved without having to commence formal dispute resolution, such as arbitration.
Concurrently, Mr. Moloo is an Adjunct Professor at Columbia Law School, where he teaches an advanced course on international arbitration. Prior to joining Gibson Dunn, Mr. Moloo was a member of the arbitration teams at Freshfields Bruckhaus Deringer LLP and White & Case LLP in New York and Washington D.C., respectively, and General Counsel of an international organization. He has also been a Visiting Fellow at the Lauterpacht Center for International Law at the University of Cambridge, a Senior Fellow at the Vale Columbia Center on Sustainable International Investment, co-chair of the American Society of International Law's Private International Law Interest Group, and co-chair of the American Branch of the International Law Association's Committee on Disputes Involving States.
Mr. Moloo has published several articles on international arbitration and litigation, international investment law, and public international law, many of which have been cited in arbitral decisions and leading treatises. He is currently co-authoring a book on Procedural Law in Investment Arbitration, which is due to be published by Oxford University Press in 2017. Mr. Moloo has been invited to lecture on international arbitration and international law at a number of law schools, including Yale, Harvard, Columbia, NYU, Duke, Georgetown, the University of Cambridge, McGill, the University of Ottawa, and the University of British Columbia. He has also spoken at various industry conferences for clients, particularly in the oil and gas and mining sectors, as well as conferences hosted by the United Nations, the American Society of International Law, the Canadian Council for International Law, the European Society of International Law, and the British Institute of International and Comparative Law, among others.
Mr. Moloo has degrees from Queen's University, the University of British Columbia (UBC) and NYU School of Law. He was named NYU's All-University Valedictorian for Professional and Graduate students and has received UBC's Outstanding Young Alumnus Award. He is a former World Public Speaking Champion and National Debating Champion.
A representative sample of Mr. Moloo's experience includes:*
- Global Telecom Holdings v. Canada: Representing Global Telecom Holdings in an ICSID case against Canada. This first-ever bilateral investment treaty case against Canada relates to Canada's unfair and inequitable treatment of GTH's substantial telecom investment.
- WalAm Energy Inc. V. Kenya: Representing WalAm in an ICSID arbitration relating to the unlawful termination of its Geothermal License in Kenya. WalAm recently received a complete victory in opposing Kenya's jurisdictional objections.
- Agility for Public Warehousing Company KSC v. Republic of Iraq: Representing Agility in an ICSID arbitration in the first-ever investment treaty case against Iraq relating to the unfair and inequitable treatment of Agility's telecom investment in Iraq.
- ConocoPhillips v. Venezuela: Represented ConocoPhillips in the quantum phase of an ICSID arbitration related to the unlawful expropriation of its multi-billion dollar investment in Venezuela. After its decision on liability, the tribunal refused Venezuela's motion to reconsider its finding of unlawful expropriation, and the President of the World Bank denied Venezuela's motion to remove the majority of the tribunal members for reasons of bias.
- Saint-Gobain v. Venezuela: Represented Saint-Gobain, a multinational polymer products producer, in an ICSID arbitration related to the expropriation of a proppants factory. The Tribunal recently found Venezuela liable for an unlawful expropriation in an interim decision.
- Trans-Global Petroleum v. Kingdom of Jordan: Defended the Kingdom of Jordan in an ICSID arbitration related to a concession for the exploration and extraction of oil and gas in the Dead Sea. The claimant withdrew all of its claims, as reflected in a consent award, shortly after the Kingdom of Jordan invoked ICSID's summary dismissal procedure—the first-ever use of that procedure.
- PIATCO v. Philippines and Fraport v. Philippines: Successfully defended the government of the Philippines in parallel ICC and ICSID arbitrations related to the alleged termination of a concession contract and expropriation of an international airport terminal in Manila.
- Advising a multinational telecommunications company in relation to potential claims under bilateral investment treaties against three different states.
- Representing a multinational company in relation to potential investment treaty and commercial claims against a middle-eastern state.
- Representing a multinational company in relation to potential investment treaty claims against a Latin American state.
- Representing a multinational mining company in an LCIA arbitration relating to a multi-billion dollar pricing dispute under a supply agreement. We have already defeated an interim measures application where the opposing party was forced to pay our clients costs associated with the application.
- Successfully defended a large EPC contractor in a multi-billion dollar arbitration relating to the construction of a refinery. All claims brought against our client were rejected.
- Successfully represented a multinational oil and gas company in an ICC arbitration relating to a dispute over the ownership of a refinery.
- Represented an individual in an ICC arbitration concerning the control of a billion-dollar privately held company.
- Represented an East African State in two commercial arbitrations (under the ICC Rules and the UNCITRAL Rules) arising out of a failed infrastructure project and a TV license dispute.
- Advised a multinational mining company in an ad hoc dispute. The dispute was settled favorably before arbitration proceedings were commenced.
- Sitting as an arbitrator in an ICC arbitration relating to a licensing dispute.
- Chair of an ad hoc arbitration tribunal hearing a dispute relating to a property dispute in India.
- Representing Crystallex International in litigation proceedings relating to the enforcement of its ICSID(AF) arbitration award against Venezuela of more than $1.4 billion. We have already overcome a motion to dismiss in Delaware Federal Court relating to a $2.8 billion fraudulent transfer claim brought against Venezuela's state-owned oil company and its U.S. subsidiary.
- Advising a middle-eastern oil and gas company in relation to a potential ICC arbitration and related litigation relating to breaches of a Production Sharing Agreement.
- Multinational oil and gas majors: Advising several oil and gas companies on a variety of transnational disputes, including with respect to gas pricing matters and breaches of concession contracts. In most of these matters, favorable results were achieved prior to the commencement of arbitration or litigation.
Pro Bono and Community Service
- Executive Council, American Society of International Law.
- Co-Chair, University of British Columbia Alumni Board of Advisors.
- In Hugh Smith et al. v. the City of New York et. al., co-lead counsel for Plaintiffs in an action brought in the SDNY with respect to civil rights claims against the New York Department of Corrections.
- Leading a team in advising a UNDP-sponsored project on the governance of transnational water bodies.
- Advising a community board on the creation of an arbitration institution to resolve community-based commercial disputes.
- Advising a sub-state entity on the declaration of its maritime boundary.
- Board member of His Highness the Aga Khan International Conciliation and Arbitration Board.
*Includes matters handled by Mr. Moloo prior to joining Gibson Dunn.