People

Viren Mascarenhas is a partner in King & Spalding’s New York office, and is a member of the International Arbitration Practice Group.  He is a specialist in public international law and international arbitration, focusing on both investment treaty arbitration and international commercial arbitration.

He has been recognized as a “Rising Star” by the New York Law Journal for attorneys under 40 practicing in New York (2014); nation-wide in the United States in energy disputes by Law360 (2015); in international law and alternative dispute resolution by New York Super Lawyers (2015 to 2018); and was recently named one of Latinvex’s Latin America’s Top 50 Rising Stars (2018).  Legal500 lists him as a “Next Generation” lawyer in the field of international arbitration.  He was named a Finalist for the American Bar Association’s National Outstanding Young Lawyer Award in 2016.  He was also named as a Future Leader in Who’s Who Legal:  Arbitration 2017, an inaugural edition focused on selecting outstanding attorneys aged 45 or under, which writes that clients are “very impressed with his knowledge and intellectual abilities,” as well as Who’s Who Legal:  Arbitration 2018, which writes, “He is one of the most talented, hard-working and intelligent lawyers I have had the pleasure of working with.  He is a top-notch writer and is adored by clients and colleagues alike.”

Viren has acted as counsel in domestic and international arbitration proceedings held under the auspices of nearly all the major arbitral institutions, including the International Centre for Settlement of Investment Disputes (ICSID), the Energy Charter Treaty (ECT), the International Chamber of Commerce (ICC), the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR), the Singapore International Arbitration Center (SIAC), JAMS and ad hoc cases under the UNCITRAL Rules.  Viren has experience across a number of industries, including chemicals, consumer products and luxury goods.  He has particular expertise in disputes over natural resources.  His energy experience includes investment arbitrations brought against the governments of Argentina, Ecuador, Italy, Timor Leste, and Venezuela; commercial arbitrations regarding the dissolution of joint ventures, breach of supply contracts, tax disputes, and energy-related construction disputes, in matters concerning projects in Colombia, Libya, India, Russia, and the United States, and also experience in LNG gas pricing arbitrations.  His mining experience includes investment arbitrations brought against the governments of Bolivia, Peru, Uruguay, and Venezuela concerning significant mining projects.

Viren also has substantial experience in public international law, having advised or represented states, international organizations, non-governmental organizations and individuals on a wide range of matters, including maritime and territorial delimitation, law of immunities, compliance with treaty obligations, international human rights law and international criminal law.  He frequently represents multinational companies on aspects of compliance with human rights. 

Viren is an Adjunct Professor at Columbia Law School, where he currently teaches an upper-level seminar on International Commercial Arbitration. Prior to joining King & Spalding, Viren served as a law clerk to H.E. President Rosalyn Higgins at the International Court of Justice, and as a Legal Officer at the Special Court for Sierra Leone, a hybrid war crimes tribunal based in Freetown, Sierra Leone.  He previously was a member of the arbitration group at Freshfields Bruckhaus Deringer LLP and the litigation group at Skadden, Arps, Slate, Meagher & Flom LLP.  He is very active in the international law community.  He is on the Steering Committee of the CPR Institute for Dispute Resolution Y-ADR Group,  the Global Executive Board of the International Center for Dispute Resolution’s Young & International Group, and has held various leadership roles in the American Bar Association Section of International Law.

Viren received his J.D. from Columbia Law School, where he was a Kent Scholar, and his LL.M. from the University of London with Distinction.

Publications

  • Co-author, "An Important New Resource On Human Rights Compliance," Law360 (2018)
  • Co-author, "SCOTUS Narrows Alien Tort Statute: Foreign Corporations Can’t Be Sued in U.S. Court for Alleged Human Rights Violations Under ATS," Bloomberg Law (2018)
  • Co-Author, "Stress Test", India Business Law Journal (2018)
  • Co-author, “Disclosure and Confidentiality,” Handbook on Third Party Funding in International Arbitration (2018)
  • Co-Author, "Think Tank: Recent Arbitrations and the Future of the Bangladesh Accord. Labor unions settle two "socially conscious" arbitrations — but what does it mean?," Women’s Wear Daily (2018)
  • Co-author, “Landmark UK Case: Companies May Be Liable for Subsidiaries’ Human Rights Abuses,” Corporate Counsel (2018)
  • Co-author, “Human Rights Benchmarks: A Primer for In-House Counsel,” Law360 (2018)
  • Co-author, “Addressing Human Rights Issues in the Extractor Sector,” Law360 (2017)
  • Co-author, “Litigation Trend Links Climate Change and Human Rights,” Law360 (2017)
  • Co-author, “Think Tank: Legal Considerations for Fashion Brands in a Socially Conscious’ World,” Women’s Wear Daily (2017)
  • Co-author, “Law firm argues miners face unique challenges when it comes to human rights,” International Mining (2017)
  • Co-author, “Human Rights Compliance:  Best Practices for Energy Companies,” Law360 (2017)
  • Co-author, “U.S. courts adopt different approaches regarding recognition of ICSID awards,” Arbitration Committee, International Bar Association (2015)
  • Co-author, “Anticipating Investor-State Disputes:  Bilateral investment treaties are crucial to institutional investors in emerging markets,” Metropolitan Corporate Counsel (2015)
  • “The Argentine Sovereign Debt Restructuring Saga:  Understanding What Comes Next in 2015,” INTERNATIONAL LAW NEWS 44(2) (2015)
  • “The relationship between foreign set-aside proceedings and US enforcement of an arbitral award,” Arbitration Committee, International Bar Association (2015)
  • “Using ‘Baseball Arbitration’ to Resolve FRAND Disputes,” Corporate Counsel (2015)
  • “The Lure of India:  Foreign Investment and Investment Treaty Arbitration,” The Metropolitan Corporate Counsel (2014)
  • “US Arbitration of Patent Validity and Infringement Disputes,” Arbitration Committee, International Bar Association (2014)
  • “Class Action Arbitration for Antitrust Disputes: Recent Developments,” INTERNATIONAL LAW NEWS 43(1) (2014)
  • “Investment treaty protection for IP rights,” North American Regional Forum News Vol. 4(2) (2013)
  • “What is the future of class action arbitration?”, IBA Arbitration Committee (2013)
  • Co-author, “Use Investment Treaties to Protect Your IP Rights,” Managing IP Magazine (2013)
  • Co-author, “Emerging Trends in International Arbitration,” published by Law360 (2013)
  • Note to Case Concerning Ahmadou Sadio Diallo (Merits), 50 Int'l Legal Materials 31 (2011)
  • Co-author, “Provisional measures in investment disputes – are damages sufficient?”, 15 ARB NEWS 53 (2010)
  • “Challenges of Transnational Legal Practice: Advocacy and Ethics,” ASIL ANNUAL PROCEEDINGS OF THE 103RD ANNUAL MEETING (2009)
  • Co-author, “Comverse, Inc.: Methodological Issues in Anti-Suit Injunctions,” 22-2 MEALEY’S INT’L ARB. REP. 15 (2007)
  • Co-author, “Sinochem:  The U.S. Supreme Court Distinguishes Gulf Oil and Rules on the Convenience of Addressing Forum Non Conveniens First,” 22-6 MEALEY’S INT’L ARB. REP. 1 (2007)
  • Contributor, International Legal Developments in Review, 2006 – Public International Law, 41 INT’L LAW 643 (2007)

Recent Speaking Engagements (2015 to present)

  • 7th Annual GAR Live New York Conference, Global Arbitration Review, New York, NY, September 2018
  • 15th Annual South Asian Bar Association of North America Conference, South Asian Bar Association, New York, NY, June 2018
  • Hot Topics in International Dispute Resolution Seminar, Defense Research Institute (DRI), London, UK, June 2018
  • Party- and Tribunal-appointed experts: Pros, cons, and…tips, New York International Arbitration Center (NYIAC), New York, NY, May 2018
  • Important Trends in International Dispute Resolution, International Centre for Dispute Resolution’s (ICDR) Young & International Group, Chicago, IL, April 2018
  • The Use of International Dispute Settlement to Solve 21st Century Problems, King & Spalding, New York, NY, April 2018
  • The Art of Advocacy in International Arbitration, International Centre for Dispute Resolution, ICDR Young & International, Washington, DC, April 2018
  • International Chamber of Commerce: When ICC Met Atlanta: A Training on International Arbitration and ICC Arbitration Procedures, Atlanta, GA, March 2018
  • Women in arbitration and gender issues, Harvard International Arbitration Law Students Association (HIALSA), Harvard Law School, Cambridge, MA, February 2018
  • Business And Human Rights—What Do They Mean For Lawyers?, Cyrus R. Vance Center for International Justice's CLE Program, New York, NY, February 2018
  • CPR Corporate Counsel Manual for Cross-Border Dispute Resolution Book Launch Event, New York, NY, November 2017
  • Investment Dispute Settlement in the Americas, ABA Section of International Law, Fall Conference, Miami, FL, October 2017
  • Challenges & Legitimacy of the System of Investment Treaty Arbitration, Harvard Law School, Cambridge, MA, March 2017
  • Arbitration in India:  Does the new law advance the case?, IBA 5th Asia Pacific Regional Forum Biennial Conference, Mumbai, India, February 2017
  • Investor-State Dispute Settlement in TPP:  Shortcomings, Benefits and Risks, NYU Law School – JILP Symposium, November 2016
  • Settlement in International Arbitration, ICC YAF, New York, NY, October 2016
  • What does IP have to do with Investor-State Arbitration?, ABA Section of International Law Spring Conference, New York, NY, April 2016
  • The Disorganization of International Intellectual Property Law, 110th American Society of International Law (ASIL) Annual Meeting, Washington, DC, April 2016
  • Getting what you asked for:  Managing a fast and efficient arbitration, ABA Section of Dispute Resolution Spring Conference, New York, NY, April 2016
  • Arbitrating with States and State-Owned Enterprises, co-sponsored by ICDR Y&I, NYU International Arbitration Association and New York International Arbitration Center, New York, NY, April 2016
  • Latest Developments in International Arbitration, King & Spalding, New York, NY, April 2016
  • Resolving Disputes Between Investors and States:  Understanding the Experience of the Americas, ABA Section of International Law 2016 Americas Forum, Miami, FL, February 2016
  • Arbitration to Resolve Cross-Border Disputes, ABA Section of International Law Delhi Forum, February 2016
  • Multijurisdictional Practice:  The Ethics of Practicing Here, There and Anywhere, ABA Midyear Meeting, San Diego, CA, February 2016
  • Third-Party Funding in International Arbitration, ICDR Y&I, New York, NY, November 2015
  • Procedure in International Arbitration, NYU International Arbitration Association, NYU Law School, New York, NY, November 2015
  • Optional Elements to Include in an Arbitration Agreement,  CPR Arbitration Committee, New York, NY, November 2015
  • Doing the Math:  Understanding How to Calculate Damages in Investment Treaty Arbitration, American Bar Association International Law Section Fall Meeting, Montreal, Canada, October 2015
  • Investor-State arbitration and the Protection of IP Rights, Intellectual Property Committee, American Bar Association, June 2015
  • Seating an Arbitration in a Jurisdiction Within the United States:  What to  Expect?, New York State Bar Association Global Law Week, New York, NY, May 2015
  • What is the Future of Investment Treaty Arbitration?, American Bar Association International Law Section Spring Meeting, Washington, DC, April 2015
  • The new LCIA India Arbitration Rules (LCIA India), New Delhi, India, April 2015
  • Corruption and International Arbitration (Young ICCA and Penn Law International Arbitration Association), Philadelphia, PA, April 2015
  • Show Me The Money:  A Frank Conversation About Damages (ICDR Y&I and Compass Lexecon Event), New York, NY, March 2015
  • Growth of India as an Arbitration Destination, India Conference at Harvard, Harvard Law School, Cambridge, MA, March 2015
  • Efficiency in International Arbitration:  Procedural Hearing No. 1, Columbia Law School (ICDR Y&I and CIAA Event), New York, NY, February 2015
Full Bio

Credentials

New York

Latin America’s Rising Legal Stars: Partners to Watch


Latinvex, 2018

Identified as a “Next generation” lawyer for International Arbitration


Legal US 500, 2018

Ranked as one of the most highly regarded future leaders of arbitration in the Americas


Who’s Who Legal, 2018

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Recognition

Latin America’s Rising Legal Stars: Partners to Watch


Latinvex, 2018

Identified as a “Next generation” lawyer for International Arbitration


Legal US 500, 2018

Ranked as one of the most highly regarded future leaders of arbitration in the Americas


Who’s Who Legal, 2018

Matters

Representing energy and mining companies in multi-billion dollar investment treaty arbitration claims brought against Bolivia, Ecuador, Peru, the Russian Federation and Venezuela.

Representing a state-owned oil company in an SCC arbitration against an American oil-and-gas company regarding a joint venture dispute governed by Swedish law

Representing a state-owned refinery in a multi-billion dollar ICC arbitration against a contractor

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Matters

Representing energy and mining companies in multi-billion dollar investment treaty arbitration claims brought against Bolivia, Ecuador, Peru, the Russian Federation and Venezuela.

Representing a state-owned oil company in an SCC arbitration against an American oil-and-gas company regarding a joint venture dispute governed by Swedish law

Representing a state-owned refinery in a multi-billion dollar ICC arbitration against a contractor

Representing an Indian energy major in an ad hoc UNCITRAL arbitration against a sovereign state relating to cost recovery under a PSC

Representing a UK energy major in an ICSID arbitration brought under the Energy Charter Treaty regarding an offshore investment

Defended the Republic of Turkey in a multi-billion dollar ICSID arbitration brought under the Energy Charter Treaty regarding power generation projects

Represented a major U.S. oil company in its UNCITRAL arbitration against an East Asian State regarding a tax dispute

Conducting due diligence for third-party funders assessing the merits of potential claims for funding

Represented a U.S. chemicals company in a AAA arbitration seated in New York against another chemicals company regarding breach of a supply agreement

Represented a major U.S. oil company in its ICC arbitration against a Latin American State-owned oil entity regarding a joint venture dispute governed by New York law

Represented a major U.S. luxury goods company in a multi-billion dollar dispute against a European company regarding a joint venture dispute governed by Swiss law

Representing a number of parties in proceedings to recognize and enforce arbitration awards (both investment arbitration and commercial arbitration awards) in U.S. courts

Matters

Representing energy and mining companies in multi-billion dollar investment treaty arbitration claims brought against Bolivia, Ecuador, Peru, the Russian Federation and Venezuela.

Representing a state-owned oil company in an SCC arbitration against an American oil-and-gas company regarding a joint venture dispute governed by Swedish law

Representing a state-owned refinery in a multi-billion dollar ICC arbitration against a contractor

See more
Icon close

Close

Matters

Representing energy and mining companies in multi-billion dollar investment treaty arbitration claims brought against Bolivia, Ecuador, Peru, the Russian Federation and Venezuela.

Representing a state-owned oil company in an SCC arbitration against an American oil-and-gas company regarding a joint venture dispute governed by Swedish law

Representing a state-owned refinery in a multi-billion dollar ICC arbitration against a contractor

Representing an Indian energy major in an ad hoc UNCITRAL arbitration against a sovereign state relating to cost recovery under a PSC

Representing a UK energy major in an ICSID arbitration brought under the Energy Charter Treaty regarding an offshore investment

Defended the Republic of Turkey in a multi-billion dollar ICSID arbitration brought under the Energy Charter Treaty regarding power generation projects

Represented a major U.S. oil company in its UNCITRAL arbitration against an East Asian State regarding a tax dispute

Conducting due diligence for third-party funders assessing the merits of potential claims for funding

Represented a U.S. chemicals company in a AAA arbitration seated in New York against another chemicals company regarding breach of a supply agreement

Represented a major U.S. oil company in its ICC arbitration against a Latin American State-owned oil entity regarding a joint venture dispute governed by New York law

Represented a major U.S. luxury goods company in a multi-billion dollar dispute against a European company regarding a joint venture dispute governed by Swiss law

Representing a number of parties in proceedings to recognize and enforce arbitration awards (both investment arbitration and commercial arbitration awards) in U.S. courts

Credentials

New York

Latin America’s Rising Legal Stars: Partners to Watch


Latinvex, 2018

Identified as a “Next generation” lawyer for International Arbitration


Legal US 500, 2018

Ranked as one of the most highly regarded future leaders of arbitration in the Americas


Who’s Who Legal, 2018

Icon close

Close

Recognition

Latin America’s Rising Legal Stars: Partners to Watch


Latinvex, 2018

Identified as a “Next generation” lawyer for International Arbitration


Legal US 500, 2018

Ranked as one of the most highly regarded future leaders of arbitration in the Americas


Who’s Who Legal, 2018