Overview

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 regularly handles 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 a Mexican investor group in an investor state arbitration against Spain arising from Europe’s first-ever resolution of financial institution, 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.

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.” Javier has also been named a 2018 ADR Champion by the National Law Journal. Most recently, Javier was recognized as a leading practitioner in The Legal 500, Latin America, for International Arbitration, the 2019 edition of The Best Lawyers in America for International Arbitration – Commercial, and the 2019 edition of Leaders League’s rankings for Litigation & Arbitration – Investment Arbitration and Litigation & Arbitration – International Arbitration.

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.

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Thought Leadership

Publications

  • “New EU-Mexico Trade Agreement: What Lies Ahead for the Future of ISDS?” Javier Rubinstein, Lauren Friedman and Jonathan Levin, New York Law Journal, May 18, 2018

  • Author, “Arbitration of Audit Disputes,” International Financial Law Review, April 2018

  • “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, “Spain faces two new claims over bank restructuring,” Global Arbitration Review, August 24, 2018
  • Quoted, “Mexican billionaire Antonio del Valle and other investors opened up another front in their battle to recoup 470 million euros,” Bloomberg, August 24, 2018

  • Quoted, “Mexican Popular investors led by Antonio del Valle initiate an arbitration against Spain,” El Mundo, August 24, 2018

  • Quoted, “Mexican Popular Investors launch two international arbitrations against Spain,” Economía, August 24, 2018

  • Quoted, “Del Valle starts the arbitration against Spain in the Ciadi for the 470M that he lost in Popular,” Vozpópuli, August 24, 2018

  • Quoted, “Del Valle fulfills his threat and launches an arbitration against Spain by Popular,” La Información, August 24, 2018

  • Quoted, “Del Valle initiates an international arbitration against Spain by Banco Popular,” El Confidential, August 24, 2018

  • Quoted, “El inversor mexicano Del Valle critica la falta de transparencia en el caso Popular,” CincoDías, May 31, 2018

  • Quoted, “Santander barajó una oferta de 3.000 millones por Popular antes de su caída,” El Economista, March 9, 2018

  • Quoted, “Del Valle acusa al Gobierno de vender a dedo Popular,” Expansión, March 7, 2018

  • Quoted, “Antonio del Valle abre frente contra Santander por Banco Popular,” Reconquista.mx, March 7, 2018

  • Quoted, “Del Valle encuentra en EEUU la vía para destapar informes secretos del Popular,” La Información, March 6, 2018

  • Quoted, “Banco Popular shareholders seek Santander info to fight Spain,” Reuters, March 6, 2018

  • Quoted, “Regulatory Practice Across Borders,” Washington Lawyer, August 2017

Memberships & Affiliations

Ambassador, ICC International Court of Arbitration’s Commission, Belt and Road Initiative

Member, International Arbitration Editorial Advisory Board

Member, Advisory Board, Institute for Transnational Arbitration

Member, International Arbitration Club of New York

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 and ICDR Panels of Arbitrators

Member, CPR Panel of Distinguished Neutrals

Instructor, Columbia University Center on Sustainable Investment, 2017, 2018

Credentials

Admissions & Qualifications

  • Illinois
  • New York

Languages

  • English
  • Spanish

Education

  • Georgetown University Law CenterJ.D.cum laude1986–1989
  • Harvard University, John F. Kennedy School of GovernmentM.P.P.1984–1986
  • University of MichiganB.A., Political Science & Economicswith High Honors1981–1984