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, Legal 500, Latinvex, The Best Lawyers in America®, Lawdragon 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. Law360 named Mr. Moloo one of five MVPs for International Arbitration for 2020. Chambers Global identifies Mr. Moloo as “offer[ing] recognized skills in investment treaty and commercial arbitration matters, alongside related litigation work.” He was specifically spotlighted by Chambers USA for his work enforcing arbitral awards. 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 “fantastic and a great legal mind.” Chambers comments that Mr. Moloo is an “accomplished and brilliant lawyer who is able to sift through a myriad of issues to focus on the salient ones.” Chambers further notes that Mr. Moloo is “terrific” and “navigates complex problems with ease”, and praises his “pragmatic and commercial” approach, “comprehensive and deep knowledge” and “very calm presence” in arbitration proceedings. His “people skills are exceptional” and he is “able to relate to experienced lawyers but also nonlawyers with ease and grace.” Additionally, Mr. Moloo was named by Lawdragon as among the top 500 Global Litigation lawyers in 2021.
Law360 recently awarded Mr. Moloo and the rest of the Gibson Dunn international arbitration team “International Arbitration Group of the Year” for their successes in 2019. And Legal 500 ranks Gibson Dunn’s international arbitration practice as one of the best in Latin America, noting that “the ‘outstanding’ New York-based Rahim Moloo forms ‘an unbeatable team’” alongside his colleagues.
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. 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 international arbitration decisions, courts around the world and leading treatises. He recently 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.
Mr. Moloo previously served on the Executive Council of the American Society of International Law and co-chaired the Society’s 2019 Annual Conference. Prior to joining Gibson Dunn, he worked as part of another leading arbitration practice, and served as General Counsel of an multinational organization.
Mr. Moloo has degrees from Queen’s University, the University of British Columbia (UBC) and NYU School of Law. In addition, he held fellowships at the Lauterpacht Center for International Law at the University of Cambridge and Columbia University. 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:*
- A subsidiary of Kimberly-Clark v. Venezuela: Representing Kimberly-Clark subsidiaries in an investment treaty arbitration relating to Venezuela’s unfair treatment of their investment.
- 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.
- A subsidiary of Liberty Mutual v. Venezuela: Representing a subsidiary of Liberty Mutual in an investment treaty arbitration relating to Venezuela’s unfair treatment of its investment.
- Angel Seda and others v. Republic of Colombia: Representing a number of U.S. investors in a significant property development and management enterprise in Colombia in relation to the expropriation of the investors’ most significant project in Medellin.
- 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.
- Antin v. Spain: Successfully represented Antin in annulment proceedings relating to Spain’s application to annul its €101 million arbitration award.
- Eiser v. Spain: Representing Eiser in its resubmitted ICSID arbitration against Spain in relation to Spain’s unfair and inequitable treatment of its investment.
- 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.
- Representing a mining company in an ICC arbitration against an African state in relation to a wrongfully terminated concession agreement.
- 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 large U.S.-based energy company in an ICC arbitration, including in a Pre-Arbitral Referee proceeding in relation to a multi-hundred million dollar dispute concerning the exercise of a put right.
- Successfully represented a telecommunications joint venture in an arbitration before the Lebanese Arbitration Centre relating to a fraud perpetrated by a Lebanese Bank and an Iraqi Telecom company.
- Representing a large electronics company in relation to a $850 million SIAC arbitration pursuant to a dispute under a cross-license 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.
- Representing a large Latin American port operator in an ICC arbitration concerning the exercise of a Put Option.
- Representing a technology company in an HKIAC arbitration relating to the breach of a sale and purchase agreement against a state-owned enterprise.
- Representing a multinational consumer goods company in an ICDR arbitration in relation to breaches of a license agreement.
- Representing a pharmaceutical company in an ICC arbitration concerning a breach of a marketing and development agreement.
- Representing a multinational telecommunications company in multiple disputes in Latin America and Asia.
- Sitting as an arbitrator in ICC arbitrations on matters ranging from breaches of licensing agreements to shipping matters.
- Chair of an ad hoc arbitration tribunal hearing a dispute relating to a property dispute in India.
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 North American Sugar in claims under the Helms Burton Act in relation to the expropriation of its property in Cuba in the 1960s.
- Representing an oil and gas company in its worldwide enforcement of an ICC arbitration award valued at over $600 million against an African State.
- 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
- Board of Directors, University of British Columbia Alumni Board; prior Co-Chair, University of British Columbia Alumni Board of Advisors.
- Board of Directors, International Center for Transitional Justice.
- Board Member, His Highness the Aga Khan International Conciliation and Arbitration Board.
- Prior Executive Council member, American Society of International Law.
- 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 sub-state entity on the declaration of its maritime boundary.
*Includes matters handled by Mr. Moloo prior to joining Gibson Dunn.