Javier Rubinstein is a partner in the International Arbitration & Dispute Resolution practice of Kirkland & Ellis LLP. Javier was previously Vice Chairman and Global General Counsel of the PricewaterhouseCoopers network of firms spanning 157 countries. Before that, he led Mayer Brown’s Chicago litigation practice and the firm’s International Arbitration practice globally.
Javier has handled numerous high-profile international commercial and investment arbitrations, representing clients from North America, Latin America, Europe and Asia in complex disputes before such institutions as the International Centre for the Settlement of Investment Disputes, the ICC International Court of Arbitration, the Stockholm Chamber of Commerce and the Court of Arbitration for Sport, as well as ad hoc arbitrations under the UNCITRAL Rules. Representative matters include Javier’s representation of the Government of Argentina in multiple ICSID arbitrations arising from Argentina’s 2001 fiscal crisis, representation of a U.S. agricultural producer in an ICSID arbitration against the Government of Mexico arising from measures to restrict sale of certain sweeteners and his representation of USA Track and Field in an arbitration before the Court of Arbitration for Sport that enabled the United States to retain its 2000 Gold Medal in the 4×100 mens’ relay.
As Global General Counsel of PwC, Javier has been involved in a wide variety of commercial, regulatory and other disputes all over the world, enhancing his ability to bring a client-focused perspective aimed at solving clients’ problems. He also has had an active litigation practice throughout his career, handling trials and appeals in state and federal courts across the United States, including the U.S. Supreme Court.
Javier was named one of the “World’s Leading Experts in Commercial Arbitration” by Euromoney Magazine in 2006. He is a fellow in Chartered Institute of Arbitrators, and has been rated by Chambers and Partners for his “marvelous ability to translate the client’s position into the language of international arbitration,” “a very sophisticated cross-examiner” equally “effective with the written word,” and that “being fluent in Spanish accentuates the decidedly international edge to Rubinstein’s practice, whereby he has acted for U.S., Latin American, European and Asian clients.”
Since 1996, Javier has served as a Lecturer in Law at the University of Chicago Law School, teaching seminars on U.S. Supreme Court litigation, international commercial arbitration and managing legal risk in a global economy.
Memberships & Affiliations
– Member, International Arbitration Club of New York, 2017
– Fellow, Chartered Institute of Arbitrators, 2016–present
– Board of Directors, American Arbitration Association, 2012–present
– Advisory Council, International Centre for Dispute Resolution, 2015–present
– Lecturer in Law, University of Chicago Law School, 1996–present
– Member, ICC, ICDR and CPR Panels of Arbitrators
Representative Matters
– Representation of U.S. biotech company in ICDR arbitration alleging breach of contract against Brazilian manufacturer.
– Representation of consortium of U.S. investors against German pharma company in ICC arbitration alleging breach of contract in connection with large M&A transaction.
Prior to joining Kirkland, Javier’s representative matters included:
– Successful defense of top world-ranked men and women tennis players in doping-related arbitrations brought pursuant to the ATP and WTA Rules.
– Compañía de Aguas del Aconquija S.A. and Vivendi Universal S.A. (formerly Compañía de Aguas del Aconquija, S.A. and Compagnie Générale des Eaux) v. Argentine Republic — Defense of the Argentine Republic in the Vivendi II merits phase, involving claims for breach of Argentine/French BIT in connection with water concession in the province of Tucuman)
– Representation of the Argentine Republic in multiple ICSID and ad hoc arbitrations arising from Argentina’s 2001 fiscal crisis, covering multiple sectors. Cases included, among others:
* CMS Gas Transmission Company v. Argentine Republic (annulment proceedings before Ad Hoc Committee) (gas transportation)
* LG&E v. Argentine Republic (Electricity, gas, steam and air conditioning supply)
* AES v. Argentine Republic (electricity generation and distribution)
* Suez and Interagua v. Argentine Republic (water distribution and waste treatment);
* National Grid v. Argentine Republic (electricity generation and distribution);
* BG Group Plc v. Argentine Republic (natural gas distribution)
– Cargill, Inc. v. United Mexican States (representation of Claimant in ICSID arbitration against Mexico arising from adoption of a tax on beverages containing high fructose corn syrup, alleging breach of NAFTA obligations, including FET, national treatment and denial of justice, resulting in award of $77 million)
– USATF/IAAF Arbitration (representation of U.S. Track and Field federation in arbitration against international track and field federation before the Court of Arbitration for Sport, enabling the USA to retain its 2000 Gold Medal in the men’s 4×100 track relay)
– Credit card royalty Arbitration (successful representation of major U.S. credit card issuer in ICC arbitration involving royalty dispute between the issuer and its franchisee in Israel)
– U.S./European Futures Exchange Arbitration (successful representation of the largest U.S. futures exchange in an ICC arbitration against the largest European futures exchange that successfully obtained access to source code for futures trading platform)
– Peruvian M&A Arbitration (successful representation of U.S. telecoms company in UNCITRAL arbitration seeking indemnity against seller of Peruvian corporation for undisclosed liabilities)
– Venezuelan Telecoms Arbitration (successful representation of U.S. telecomm. provider in ICC arbitration against Venezuelan long distance carrier relating to interconnection dispute)
– Brazil/China Sale of Goods Arbitration (successful representation of Brazilian steel manufacturer in ICC arbitration against Singaporean purchaser arising from dispute over sale of goods)
– Colombian Franchise Arbitration (successful representation of U.S. credit card franchisor in connection with ICC arbitration against Colombian franchisee for breach of franchise agreement)
– German/Swedish Joint Venture Arbitration (successful defense of major German IT company in $100 million arbitration before ICC Court of International Arbitration brought by Swedish automotive/aerospace company arising from joint venture dispute, resulting in defense award and awarding of full costs)
– German IT Arbitration (successful representation of major German bank in connection with UNCITRAL Rules arbitration arising from joint venture dispute)
– French Sale of Business Arbitration (successful representation of Dutch seller of French company in ICC arbitration against French buyer involving various post-closing disputes arising from environmental liabilities)
– Kyrgyz Hotel Joint Venture Arbitration (successful representation of major U.S. hotel chain in ICC arbitration arising out of joint venture dispute involving construction of luxury hotel in Kyrgyz Republic)
– Greek Casino Arbitration (successful representation of major U.S. gaming vendor in parallel ICC/LCIA arbitrations arising from joint venture dispute involving construction and operation of casino in Greece)
Publications
“Expedited Arbitration: When Is Faster Better?” Javier Rubinstein, Lucila Hemmingsen and Seth Meyer, New York Law Journal, August 7, 2017
“Strategically Managing Cross-Border Litigation Risks,” ACC Docket, May 2017
“Javier Rubinstein: Globalist,” The National Law Journal, February 12, 2007
Author, “The Territorial Scope of The New York Convention and its Implementation in Common and Civil Law Countries, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice” (2007) (E. Gaillard & D. DiPietro, Editors)
Author, “International Commercial Arbitration: Reflections at the Crossroads of the Common Law and Civil Law Traditions Perspective,” 5 Chicago Journal of International Law 303 (2004)
Author, “The Attorney-Client Privilege and International Arbitration,” 18 Journal Of International Arbitration 587 (Dec. 2001)
Press Mentions
Quoted, “Regulatory Practice Across Borders,” Washington Lawyer, August 2017
Prior Experience
Vice Chairman, Global General Counsel, PricewaterhouseCoopers, 2006–2016
Partner, Mayer Brown, 1989–2006
