Preeti Bhagnani
Biography
Overview
Preeti Bhagnani is a partner in White & Case LLP, specializing in international arbitration.
She represents clients around the world on the resolution of high-stakes commercial and investment treaty arbitrations in a broad range of sectors (including oil & gas, power, mining, life sciences, insurance and reinsurance, technology and telecommunications, real estate development, water supply, and construction) under all major arbitration rules (including ICC, AAA/ICDR, SIAC, UNCITRAL, LCIA and ICSID Rules).
Preeti has counseled clients in a range of disputes including those involving M&As, joint ventures, shareholder agreements, licensing and collaboration agreements and manufacturing and supply agreements. She routinely advises on strategic drafting of arbitration clauses and on investment treaty planning.
She has been recognized as one of the world's top 500 litigation and arbitration lawyers (The Lawdragon Global Litigation 500). She earns praise for her "diligent" and "commercial approach," and "major tier-one arbitration practice focused on the life sciences." (Who's Who Legal).
Preeti holds degrees in New York, English and Singapore law and is qualified to practice in New York and Singapore. Before joining White & Case, she worked as a legal counsel at one of the world's leading energy companies, where she led the negotiation and structuring of cross-border project agreements and advised on foreign investment and strategic business issues in the energy value chain.
Preeti is a Fellow of the Chartered Institute of Arbitrators and on the ICDR Panel of Arbitrators. She serves in a number of leadership positions, including on the Advisory Board of the Institute for Transnational Arbitration, the Board of the International Center for Dispute Resolution Young & International, and the Steering Committee for Columbia Law School's Alumni Association in International Arbitration. She has served on the ICC Task Force on Disability Inclusion in International Arbitration and the International Institute for Conflict Prevention and Resolution's (CPR) Task Force on Arbitrating Life Science Disputes. She is the past North America Representative of the London Court of International Arbitration (LCIA) Young and International Arbitration Group and the Asia-Pacific Forum for International Arbitration.
Preeti has an active international law pro bono practice, including leading international arbitration training for Kenya's Office of Attorney General, and advising on public international law issues related to the prosecution of international war crimes, peace agreements and transitional justice.
Experience
Representative experience by sector*
Energy and power
ICSID arbitration concerning an electric power company in Grenada (Grenada Private Power Limited and WRB Enterprises, Inc. v. Grenada, ICSID Case No. ARB/17/13)
Ad hoc insurance coverage arbitration concerning liability for groundwater pollution by a gasoline additive (seated in London under New York law)
Canadian Province in UNCITRAL arbitration against multinational oil companies in connection with a gas development project
ICSID arbitration concerning a fuels distribution company in Bulgaria (Energy Charter Treaty)
Advised a State-owned oil company in a dispute against a multinational oil and gas company related to shipping and marketing of LNG cargoes (ICC Rules, under New York law)
Advised a global investment firm in a dispute under an LLC Agreement concerning a company that operates natural gas pipelines (AAA Rules seated in Houston under Delaware and Texas laws)
Malaysian independent power producers in KLRCA arbitrations against a national utility company concerning long term power purchase agreements
Life Sciences
US pharmaceutical company in ICDR arbitration against a French pharmaceutical company concerning a manufacturing services and supply agreement (seated in New York under Massachusetts law)
ICDR arbitration relating to a medical device collaboration and licensing agreement (seated in New York under New York law)
JAMS arbitration under a collaboration and supply agreement concerning supply of a drug for clinical trials (seated in Boston under New York law)
Advised a European biotechnology company in a dispute concerning a development and licensing agreement and related manufacturing and supply agreements (seated in New York under New York law)
Mining and metals
Advised a Hong Kong mining company in a dispute over tax measures concerning a copper mining project in Peru
UNCITRAL Rules arbitration concerning a joint venture to develop a mining facility in the Philippines (seated in Singapore under Philippine law)
Technology and telecommunications
European telecommunications company in ICC arbitration concerning indemnities in a Share Purchase Agreement (seated in New York under New York law)
US multinational technology company in ICC arbitration against a European multinational telecommunications company arising out of a cross-license agreement concerning mobile devices and network infrastructure equipment (seated in New York under New York law)
Advised a telecommunications company in a dispute concerning antitrust regulatory measures in Indonesia
Post M&A disputes
ICC arbitration between two Latin American companies arising out of the sale of a retail business (seated in New York under New York law)
AAA arbitration arising out of the sale of a Swedish industrial technology solutions company (under Swedish and Ohio laws)
UNCITRAL Rules arbitration arising out of the sale of a glass production company (seated in Singapore under Singapore law)
Other matters
Advising leading investment firm on various disputes concerning breach of Aircraft leases and Aircraft repossessions (under LCIA and ICDR Rules).
Ad hoc arbitration of reinsurance coverage dispute (seated in London under New York law)
ICSID arbitration concerning a real estate development project in Bulgaria (Israel-Bulgaria BIT)
ICSID arbitration concerning a large-scale desalination plant in Mexico (Netherlands-Mexico BIT)
ICSID arbitration concerning two cement plants in Uzbekistan (Uzbekistan-Kazakhstan BIT)
ICDR arbitration concerning contracts for the supply of advanced sapphire furnaces (seated in New York under New York law)
AAA arbitration concerning breach of aircraft leases and related guarantees (seated in New York under New York law)
SIAC arbitration concerning a cable tunnel project (seated in Singapore under Singapore law)
Advised a Singapore finance company in regulatory enforcement action concerning the distribution of credit-linked notes
*Includes matters handled at a previous firm
Domestic and International Life Sciences Arbitration Conference, December 2023 (Panelist)
International Arbitration and Corporate Governance, Rock Center for Corporate Governance and the Stanford International Arbitration Association Webinar, November 2023 (Panelist)
Seventeenth Annual Investment Treaty Arbitration JURIS Conference, Washington DC, October 2023
Seventeenth Annual Investment Treaty Arbitration JURIS Conference, October 2023 (Panelist)
"International arbitration and the life sciences sector," GAR Live: New York 2023 (Panelist)
Trainer, International Commercial and Investment Arbitration Practitioner Training for Office of Attorney General and Department of Justice, Kenya (March 2023)
"How to Prepare for and Conduct Cross-examination of an Expert," Young MUTE OFF Thursdays, September 2022
"Arbitration in 2 Worlds: U.S. and Brazilian Perspectives on the Future of International Arbitration," August 2022 (Panelist)
"Energy Transition and Regulatory Risk: What you Need to Know About Investment Treaty Protections," 68th Annual Institute, the Foundation for Natural Resources and Energy Law
"Damages, Valuation, and Costs in International Arbitration," University of Pennsylvania International Arbitration Conference, April 2022
"Getting It Right – Choosing the Right Arbitrator," CPR Program for New York Arbitration Week, November 2021
"Case Management Conferences," ARBinBRIEF Episode 3, November 2021
"Confidentiality, Transparency, and In-Person Hearings – Does a right to an In-person Hearing Exist in International Arbitration?" Columbia Arbitration Day Debate, March 2021
"Resilience in Times of Crisis: A Look Beyond New York's Borders," Young International Arbitration Practitioners of New York Program for New York Arbitration Week, November 2020
"NYIAC Talks Podcast: Spotlight on Life Sciences Disputes—Deep Diving into Types of Agreements," October 2020
"Legal, Regulatory and Ethics Developments," Litigation Finance Dealmakers Forum, October 2020
"Strategic Considerations in Obtaining Discovery in Aid of Arbitration under Section 1782 in the U.S.," MUTE OFF Thursdays, October 2020
"NYIAC Virtual Talks Series: Spotlight on Life Sciences Disputes, Episode 1: Foundational Elements," NYIAC webinar, September 2020
"Artificial Intelligence and the Changing Face of International Arbitration", ICDR Y&I webinar, July 2020
"The Road to 'Business As Usual' for America's Pharma Industry," White & Case Client Webinar, June 2020
"Potential Investor-State Claims and COVID-19, with a special focus on South Asia", South Asian Bar Association (SABA) of North America, June 2020
"Legislative Changes during COVID-19 - A Transnational Perspective on its Commercial Impact," NKM Law Chambers and the Asia-Pacific Forum for International Arbitration, June, 2020
"Damages in Early-State Investments", ICC Young Arbitrators Forum, February 2020
"Rising Stars: Perspectives from a New Generation of Practitioners," Harvard International Arbitration Conference, February 2020
"This House Believes that Arbitral Tribunals Should Regulate Ethical Conduct in International Arbitration," NYIAC Talks, November 2019 (Debater)
"Past, Present, and Future of the Equal Representation in Arbitration Pledge" New York University School of Law, April 2018
"Private Sector Career Symposium Dispute Resolution Panel," Columbia Law School, February 2018
"Best Practices in International Arbitration and Recent Developments," ICDR Y&I Seminar, Harvard Law School, October 2016
CPR Manual for Mitigating Risk in Life Sciences Transactions, 2023 (Editor and Co-author of Chapters on Term and Termination)
"Reflections on the Progressive Development of Investment Arbitration to Meet Climate Change and ESG Imperatives," in Pro-Arbitration Revisited: A Tribute to Professor George Bermann From His Students Over The Years (Book Chapter author)
"Strong Medicine: Using Investment Treaties to Mitigate Foreign Regulatory Risk in the Life Sciences," White & Case LLP, November 2022 (Co-author)
"Energy Transition and Regulatory Risk: What you Need to Know About Investment Treaty Protections," 68th Annual Institute Proceedings, the Foundation for Natural Resources and Energy Law (Co-author)
United States Country Rapporteur for "Local Requirements for the Extension of an Arbitration Clause To, and Enforcement of an Arbitral Award Against, a Non-Signatory," IBA Subcommittee on the Recognition and Enforcement of Foreign Arbitral Awards, August 2021
"The Year in Review: an Annual Survey of International Legal Developments and Publication of the ABA/Section of International Law," 2020 and 2021 (United States contributor)
"Trends in International Commercial Arbitration Damages Awards: Insights from the 2020 Queen Mary / PwC Study," New York Dispute Resolution Lawyer, April 2021, Vol. 14, No. 1 (Co-author)
"The 2021 ICDR Arbitration Rules, Co-Author, White & Case LLP," March 2021
"Second Circuit Confirms That § 1782 Discovery Does Not Extend To Private International Commercial Arbitrations," White & Case LLP, July 2021 (Co-author)
"Revisiting the Countermeasures Defense in Investor-State Disputes: Approach and Analogies," Yearbook on International Investment Law & Policy, 2013-¬2014
"The EU's Proposal for an Investment Court System: The ABA Investment Treaty Working Group Weighs In," Young ICCA Blog (Co-author)
"Highlights of the Draft SIAC Arbitration Rules 2016," AFIA Blog (Co-author)
Who's Who Legal – Future Leaders 2021-2023
Lawdragon's Global Litigation 500 list (2021-2023)
