Preeti Bhagnani

Partner, New York

Biography

“Offers commercial solutions and leaves no stone unturned, “extremely diligent” and “truly excels at what she does”
(Who's Who Legal)

Overview

Preeti Bhagnani is a partner in White & Case LLP, specializing in international arbitration.

With more than 15 years of experience, Preeti represents clients around the world on the resolution of high-stakes disputes arising from cross-border business transactions and international investment treaties. Her experience includes disputes in a range of industries including energy, natural resources, insurance, life sciences, real estate development, water supply, telecommunications and construction. She regularly appears as an advocate in arbitrations conducted under the ICSID, ICC, AAA/ICDR, SIAC, UNCITRAL and other arbitration rules.

Preeti counsels clients on a variety of disputes including issues related to M&As, joint ventures, shareholder agreements, licensing and collaboration agreements and manufacturing agreements. She routinely advises on the drafting of arbitration clauses and on investment treaty planning.

She has repeatedly been identified as a leader in the field by Global Arbitration Review's Who's Who Legal in the Future Leaders category and was named to Lawdragon's inaugural Global Litigation 500 list in 2021.

Preeti is qualified in New York and in Singapore. Before joining White & Case, she worked as a legal counsel at Shell, one of the world's leading energy companies. As a member of Shell's legal team in Singapore, she negotiated significant cross-border transactions in the Asia-Pacific (including Singapore, Indonesia and Korea) and advised on regulatory and business risks in the energy value chain.

Preeti is a Fellow of the Chartered Institute of Arbitrators. She currently serves on the Advisory Board of the Institute for Transnational Arbitration; the Global Advisory Board of the International Center for Dispute Resolution Young & International (ICDR Y&I) and the New York International Arbitration Center's Program Committee. She also is a member of the ICC Task Force on Disability Inclusion in International Arbitration and the International Institute for Conflict Prevention and Resolution's Task Forces on Mitigating Risk in Life Science Transactions and Arbitrating Life Science Disputes.

Her past appointments include service as the North America Representative of the London Court of International Arbitration Young and International Arbitration Group and the North America Representative of the Asia-Pacific Forum for International Arbitration. She also is a past member of White & Case's New York Women's Alliance Leadership Council.

Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
Education
LLM
Columbia University School of Law
Graduate Diploma in Singapore Law
National University of Singapore
LLB
London School of Economics and Political Science
Languages
English
Indonesian

Experience

Commercial cases

US pharmaceutical company in ICDR arbitration against a French pharmaceutical company (seated in New York under Massachusetts law).

Bermudian energy sector insurer in ad hoc arbitrations (seated in London under New York law).

Canadian Province in UNCITRAL arbitration against multinational oil companies in connection with a gas development project.

A European telecommunications company in ICC arbitration concerning indemnities in a Share Purchase Agreement (seated in New York under New York law).

US medical device company in ICDR arbitration relating to a licensing agreement (seated in New York under New York law).

Chilean multinational company in ICC arbitration relating to a Share Purchase Agreement (seated in New York under New York law).

A US multinational technology company in ICC arbitration against a European multinational telecommunications company arising from a cross-license agreement covering patent rights concerning mobile devices and network infrastructure equipment (seated in New York under New York law).

Taiwanese electrical component manufacturer in ICDR arbitration against a crystal materials producer concerning contracts for the supply of advanced sapphire furnaces (seated in New York under New York law).

Global mining company in UNCITRAL Rules arbitration relating to a joint venture project to develop and build an integrated mining and processing facility, and related enforcement proceedings (seated in Singapore under Philippine law).*

Korean investor in UNCITRAL Rules arbitration against a French multinational company relating to the divestment of shares in a major glass production company (seated in Singapore under Singapore law).*

Australian FTSE-100 construction company in SIAC arbitration against a Singapore government-linked company relating to a cable tunnel project (seated in Singapore under Singapore law).*

Several major Malaysian independent power producers in KLRCA arbitrations against a national utility company concerning long term power purchase agreements.*

A Singapore finance company in regulatory investigations and enforcement action by the financial regulator concerning the distribution of credit-linked notes to retail investors.*

Investment treaty cases

Leading developer and operator of advanced water supply and treatment plants in ICSID arbitration against a North American State concerning a PPP for a large-scale desalination plant.

US electric power company in ICSID arbitration concerning an investment contract with Grenada (Grenada Private Power Limited and WRB Enterprises, Inc. v. Grenada, ICSID Case No. ARB/17/13).

Republic of Bulgaria in ICSID arbitration concerning real estate development.

Republic of Uzbekistan in ICSID arbitration under the Kazakhstan-Uzbekistan BIT concerning two cement plants.

Global telecommunications corporation in connection with potential investment treaty claims against a South-East Asian State arising out of enforcement action by the antitrust regulator and related class action suits before district courts in the host State.*

*Matters handled at a previous firm

Speaking Engagements

"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

Publications

"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)

Awards and Recognition

Who's Who Legal – Future Leaders 2021-2023

Lawdragon's Global Litigation 500 list (2021)