Rahim Moloo is a partner in the New York office of Gibson, Dunn & Crutcher. He has been recognized as a leader in the field of international arbitration by Chambers and Partners, Law360, Who’s Who Legal, Latinvex and Euromoney Legal Media Group.
Mr. Moloo’s practice focuses on assisting clients to resolve complex international disputes in the most effective and efficient way possible. Chambers Global 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 Global, Mr. Moloo’s “strong advocacy and strategy skills stand out. He has the perfect demeanor for international disputes—he’s a natural diplomat.” Chambers USA notes that Mr. Moloo is “terrific” and praises his “pragmatic and commercial” approach, “comprehensive and deep knowledge” and “very calm presence” in arbitration proceedings. Law360 recently awarded Mr. Moloo and the rest of the Gibson Dunn international arbitration team “international arbitration group of the year” honors for their successes in 2019.
Mr. Moloo’s experience spans a number of industries, including 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. He also serves on the Executive Council of the American Society of International Law, and is co-chair of the Society’s 2019 Annual Conference.
Mr. Moloo has lectured at leading law schools and conferences, and 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. Most recently, he co-authored a book on Procedural Law in International Investment Arbitration, published by Oxford University Press in 2018. The book has been dubbed by the Secretary General of ICSID as being a “go-to guide” for Investor-State Dispute Settlement.
Prior to joining Gibson Dunn, Mr. Moloo worked as part of another leading arbitration practice, and served as General Counsel of an multinational 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 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. 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. The Tribunal in this matter recently found
- Kimberly-Clark Dutch Holdings, B.V. et al v. Venezuela: Representing a number of Kimberly-Clark entities in an ICSID Additional Facility arbitration with respect to the unfair treatment of their substantial investment in Venezuela.
- Eiser Infrastructure Limited et al. v. Spain: Representing Eiser with respect to Spain’s attempted annulment of its €128 million ICSID award (plus interest).
- Corral Morocco Holdings A.B. v. Kingdom of Morocco: Representing Corral Morocco in an ICSID arbitration regarding the unfair treatment suffered by its substantial investment in an oil refinery in Morocco.
- Angel Seda et. al. v. Colombia: Representing US claimants in an ICSID arbitration under the US-Colombia FTA regarding the expropriation of Claimants’ significant real estate investments in Colombia.
- 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.
- 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.
- Saint-Gobain v. Venezuela: Successfully represented Saint-Gobain, a multinational polymer products producer, in an ICSID arbitration related to the expropriation of a proppants factory.
- Advising a multinational insurance company in relation to potential claims under a bilateral investment treaty.
- 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.
- Successfully representing a multinational mining company in an LCIA arbitration relating to a multi-billion dollar pricing dispute under a supply agreement.
- Successfully defended a large EPC contractor in a multi-billion dollar CPR 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.
- Successfully represented a multinational telecommunications company in settling a multi-million dollar dispute involving a significant project in Mexico. Our client received the full amount it was claiming before arbitration was commenced.
- Representing a joint venture partner in an ICC arbitration concerning a substantial port investment in Latin America.
- Representing a multinational electronics manufacturer in a SIAC arbitration concerning a dispute under a patent license agreement.
- Representing a BVI company in a HKIAC arbitration concerning a dispute under a share-purchase agreement.
- 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 ICC and ad hoc arbitrations on matters ranging from breaches of licensing agreements to shipping matters.
Transnational and Arbitration-related Litigation
- Representing Crystallex International in litigation proceedings relating to the enforcement of its ICSID(AF) arbitration award against Venezuela of more than $1.4 billion.
- Representing a European investor in the enforcement of its ICSID award against a E.U. state.
- 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.
- Member, University of British Columbia Alumni Board of Directors; prior 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.