Credentials

Arbitration Experience

Mr. Rubinstein has participated in domestic and international arbitration proceedings involving many substantive areas of law, industries, and countries. His arbitration experience includes the following subject matters:

  • Accounting

  • Antitrust/Competition

  • Agribusiness

  • Banking

  • Bankruptcy

  • Business valuation

  • Business torts

  • Corporate law/governance

  • Cross-border contracting

  • Energy

  • Emergency Arbitration

  • Expedited Arbitration

  • Employment

  • Expropriation

  • Financial products

  • Fiduciary duty

  • Franchising

  • Fraud

  • Infrastructure

  • Insider Trading

  • Interim Measures

  • Intellectual Property

  • Joint Ventures

  • Manufacturing and distribution

  • Mergers and Acquisitions

  • Mining

  • Partnerships

  • Pharmaceuticals

  • Power generation

  • Real Estate

  • Sales law

  • Securities law

  • Sports

  • Taxation

  • Technology

  • Telecommunications

International Experience

Mr. Rubinstein’s career has included disputes involving the laws of, or parties located in, the following countries:

  • Afghanistan

  • Argentina

  • Aruba

  • Australia

  • Austria

  • Bermuda

  • Brazil

  • Canada

  • Cayman Islands

  • Chile

  • China

  • Colombia

  • Costa Rica

  • Croatia

  • Contract disputes

  • Enforcement of arbitral awards

  • Partnership disputes

  • Joint venture disputes

  • Professional liability litigation

  • Securities litigation

  • Director & officer litigation, including shareholder derivative claims

  • Ecuador

  • England

  • France

  • Germany

  • Greece

  • Guatemala

  • Hong Kong

  • Hungary

  • India

  • Indonesia

  • Iran

  • Ireland

  • Israel

  • Italy

  • Japan

  • Kenya

  • Korea

  • Kazakhstan

  • Kuwait

  • Kyrgyzstan

  • Liberia

  • Mexico

  • Nicaragua

  • Norway

  • Peru

  • Philippines

  • Poland

  • Portugal

  • Puerto Rico

  • Russia

  • Saudi Arabia

  • Singapore

  • South Africa

  • Spain

  • Sweden

  • Switzerland

  • Syria

  • Taiwan

  • United Arab Emirates

  • Uruguay

  • United States

  • Venezuela

Commercial Experience

In his roles as Global General Counsel and Chief Risk Officer, Mr. Rubinstein has participated in the full range of legal, regulatory, and commercial matters around the world, including the following:

Domestic Experience

Mr. Rubinstein’s career also has included domestic arbitration in the United States and litigation before state and federal courts. His domestic experience includes cases argued before state and federal trial courts, jury trials, and appeals argued before state appellate courts and the federal courts of appeals for the Second, Fifth, Seventh, Eighth, Ninth and Eleventh Circuits. Mr. Rubinstein also has argued two cases before the United States Supreme Court.

Mr. Rubinstein’s domestic arbitration and litigation experience includes:

  • SEC / PCAOB enforcement proceedings

  • Employment litigation (discrimination / wrongful termination)

  • Franchise/dealer litigation

  • Statutory and Common Law Fraud

  • Tortious interference

  • Breach of fiduciary duty

  • Trademark Infringement

  • Unfair competition

  • Supply chain disputes

  • Product liability litigation

  • Constitutional litigation, including habeas corpus and due process challenges

  • Discovery disputes

  • Section 1782 Proceedings

  • Immigration

  • Vicarious liability

  • Construction

  • Equitable remedies, including estoppel, restitution, and preliminary / permanent injunctive relief.

  • Governance  

  • Ethics and business conduct

  • Auditor independence

  • Cross-border regulation

  • Anti-money laundering

  • Antitrust/competition

  • Brand management

  • Cross-border contracting

  • Enterprise risk management

  • Human resources

  • Development and administration of networks standards

  • Anti-corruption

  • Sanctions

  • Insider trading

  • Investment

  • Information protection and technology

  • Taxation

  • Infrastructure

  • Shared services

  • Cyber-security

  • Crisis management

Representative Cases

As Counsel

  • Westmoreland Mining Co. v. Canada, acted for investor in NAFTA arbitration involving treaty claims arising from provincial energy transition program that led to the closure of coal mines

  • Acted for Spanish telecommunications company in investment treaty dispute with the Argentine Republic arising from free transfer of funds restrictions 

  • Acted for U.S. petrochemicals company in investment treaty taxation dispute with the government of Kuwait 

  • Acted for Singapore food producer in investment treaty dispute with the Republic of the Philippines  

  • Acted for Mexican investors in investment treaty arbitration against the Kingdom of Spain in connection with the resolution of Spanish bank (Antonio del Valle v. Kingdom of Spain)  

  • Acted for Canadian petrochemical company in ICC arbitration involving cost allocation dispute with Kuwaiti joint venture partner

  • Acted for Norwegian telecommunications company in investment treaty arbitration against the Government of Chile 

  • Acted for US and Czech Olympic athletes in CAS arbitration against the International Olympic Committee 

  • Acted for US professional tennis player in arbitration against the Grand Slam to overturn sanctions imposed at the French Open 

  • Acted for the Argentine Republic in annulment proceedings before the ICSID Ad Hoc Committee in connection with claims arising from emergency measures taken during 2001 financial crisis (CMS Gas Transmission Company v. Argentine Republic) 

  • Advised the Argentine Republic with respect to the defense multiple investment treaty arbitrations in connection with claims arising from emergency measures taken during 2001 financial crisis (LG&E v. Republic of Argentina; AES v. Argentine Republic; Suez and Interagua v. Argentine Republic; National Grid v. Argentine Republic; BG Group Plc v. Argentine Republic)

  • Acted for the Argentine Republic in the merits phase of investment treaty arbitration involving claims arising from water concession in the province of Tucumán (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)  

  • Acted for Australian manufacturer in an ICC arbitration against a German distributor in connection with contract dispute.  

  • Acted for US energy company in connection with an ICDR arbitration claiming the termination of a long-term gas supply contract. 

  • Acted for U.S. biotechnology company in an ICDR arbitration alleging a breach of contract by a Brazilian manufacturer. 

  • Acted for consortium of U.S. investors against a German pharmaceutical company in an ICC arbitration, alleging a breach of contract in connection with the transaction of large mergers and acquisitions. 

  • Acted for multiple world-ranked professional tennis players in doping-related arbitrations conducted under ATP and WTA Rules.

  • Cargill, Inc. v. United Mexican States (acted for investor in NAFTA arbitration against Mexico, arising out of the adoption of a tax on beverages containing high-fructose corn syrup) 

  • International Association of Athletics Federations v. USA Track & Field (acted for the U.S. Track and Field Federation in CAS arbitration arising from U.S. 2000 Gold Medal victory in the men's 4x100 m relay)

  • Acted for a U.S. credit card issuer in an ICC arbitration involving a royalty dispute between the issuer and its franchisee in Israel)

  • Acted for US futures exchange in ICC arbitration against the European futures exchange, in connection with software dispute involving access to source code

  • Acted for a U.S. telecommunications company in an UNCITRAL arbitration arising from M&A dispute against Peruvian seller

  • Acted for a U.S. telecommunications provider in an ICC arbitration against a Venezuelan long-distance carrier company involving interconnection dispute

  • Acted for a Brazilian steel manufacturer in an ICC arbitration against a Singaporean buyer arising out of a dispute over the sale of goods)

  • Acted for a U.S. credit card franchisor in an ICC arbitration against Colombian franchisees as a result of breach of a franchise agreement)

  • Acted for German IT company in ICC arbitration brought by a Swedish automotive/aerospace company in relation to a joint venture dispute

  • Acted for German bank in UNCITRAL Rules arbitration as a result of a dispute in relation to a joint venture)

  • Acted for German seller of a French company in an ICC arbitration against the French buyer, involving multiple post-closing disputes arising as a result of environmental liability

  • Acted for a U.S. hotel chain in ICC arbitration arising out of the construction of a luxury hotel in the Kyrgyz Republic

  • Acted for the multinational casino operator in parallel arbitrations before the ICC and LCIA arising out of a dispute concerning the joint venture and in relation to the construction and operation of casinos in Greece

  • Acted for UK insurance brokerage company in ICC arbitration against Brazilian insurance brokerage company in M&A dispute

  • Acted for Canadian petrochemical company in ICC arbitration against UAE petrochemical company involving dispute over allocation of indirect costs

As Arbitrator

  • Sole arbitrator in ICDR arbitration involving contract and tort claims arising from commodities futures contract between US and Swiss parties

  • Emergency arbitrator in ICDR arbitration between Spanish investor and Latin American state in connection with highway concession project, involving breach of contract claims and requests for injunctive relief

  • Consolidation arbitrator in multiple ICDR arbitrations involving contract disputes involving automotive distribution contracts involving the US and Middle East

  • Sole arbitrator in PCA arbitration involving contract dispute between United Nations agency and third-party contractor

  • Co-arbitrator in arbitration conducted pursuant to AAA Accounting Arbitration Rules between Cayman Islands’ liquidator and international accounting firm involving allegations of auditor negligence

  • Sole arbitrator in ICC arbitration between US and UAE parties involving escrow contract dispute

  • Sole arbitrator in ICDR expedited arbitration involving regulatory and contract claims between Puerto Rico telephone company and telecommunications provider

  • Sole arbitrator in ICDR arbitration involving contract dispute between Mexican manufacturer and US investors

Credentials

Subject Matter Experience

Mr. Rubinstein has participated in the resolution of disputes involving many substantive areas of law, industries, and countries. His experience includes the following subject matters:

  • Accounting

  • Antitrust/Competition

  • Banking

  • Bankruptcy

  • Business valuation

  • Business torts

  • Corporate law/governance

  • Cross-border contracting

  • Energy

  • Emergency Arbitration

  • Expedited Arbitration

  • Employment

  • Expropriation

  • Financial products

  • Fiduciary duty

  • Franchising

  • Fraud

  • Infrastructure

  • Insider Trading

  • Interim Measures

  • Intellectual Property

  • Joint Ventures

  • Manufacturing and distribution

  • Mergers and Acquisitions

  • Mining

  • Partnerships

  • Pharmaceuticals

  • Power generation

  • Real Estate

  • Sales law

  • Securities law

  • Sports

  • Taxation

  • Technology

  • Telecommunications

International Experience

Mr. Rubinstein’s career has included disputes involving the laws of, or parties located in, the following countries:

  • Afghanistan

  • Argentina

  • Aruba

  • Australia

  • Austria

  • Bermuda

  • Brazil

  • Canada

  • Cayman Islands

  • Chile

  • China

  • Colombia

  • Costa Rica

  • Croatia

  • Contract disputes

  • Partnership disputes

  • Joint venture disputes

  • Professional liability litigation

  • Securities litigation

  • Director & officer litigation, including shareholder derivative claims

  • Ecuador

  • England

  • France

  • Germany

  • Greece

  • Guatemala

  • Hong Kong

  • Hungary

  • India

  • Indonesia

  • Iran

  • Ireland

  • Israel

  • Italy

Domestic Experience

Mr. Rubinstein’s career also has included extensive experience with domestic arbitration and litigation before state and federal courts across the United States. His domestic experience includes cases argued before state and federal trial courts, jury trials, and appeals argued before state appellate courts as well as the federal courts of appeals for the Second, Fifth, Seventh, Eighth, Ninth and Eleventh Circuits. Mr. Rubinstein also has argued two cases before the U.S. Supreme Court. His domestic experience includes:

  • Japan

  • Kenya

  • Korea

  • Kazakhstan

  • Kuwait

  • Kyrgyzstan

  • Liberia

  • Mexico

  • Nicaragua

  • Norway

  • Peru

  • Philippines

  • Poland

  • Portugal

  • Puerto Rico

  • Russia

  • Saudi Arabia

  • Singapore

  • South Africa

  • Spain

  • Sweden

  • Switzerland

  • Syria

  • Taiwan

  • United Arab Emirates

  • Uruguay

  • United States

  • Venezuela

Commercial Experience

In his roles as a Global General Counsel and Chief Risk Officer, Mr. Rubinstein has participated in the full range of legal, regulatory, and commercial matters around the world, including the following:

  • Governance  

  • Ethics and business conduct

  • Auditor independence

  • Cross-border regulation

  • Anti-money laundering

  • Antitrust/competition

  • Employment litigation (discrimination / wrongful termination)

  • Franchise/dealer litigation

  • Commercial torts, including fraud, tortious interference and breach of fiduciary duty

  • Trademark infringement

  • Brand management

  • Cross-border contracting

  • Enterprise risk management

  • Human resources

  • Development and administration of networks standards

  • Anti-corruption

  • Sanctions

  • Insider trading

  • Investment

  • Information protection and technology

  • Taxation

  • Infrastructure

  • Shared services

  • Cyber-security

  • Crisis management

  • Unfair competition

  • Supply chain disputes

  • Product liability litigation

  • Constitutional litigation, including habeas corpus and due process challenges

  • Discovery disputes

  • Section 1782 proceedings

Representative Cases

As Counsel

  • Westmoreland Mining Co. v. Canada, acted for investor in NAFTA arbitration involving treaty claims arising from provincial energy transition program that led to the closure of coal mines

  • Acted for Spanish telecommunications company in investment treaty dispute with the Argentine Republic arising from free transfer of funds restrictions 

  • Acted for U.S. petrochemicals company in investment treaty taxation dispute with the government of Kuwait 

  • Acted for Singapore food producer in investment treaty dispute with the Republic of the Philippines  

  • Acted for Mexican investors in investment treaty arbitration against the Kingdom of Spain in connection with the resolution of Spanish bank (Antonio del Valle v. Kingdom of Spain)  

  • Acted for Canadian petrochemical company in ICC arbitration involving cost allocation dispute with Kuwaiti joint venture partner

  • Acted for Norwegian telecommunications company in investment treaty arbitration against the Government of Chile 

  • Acted for US and Czech Olympic athletes in CAS arbitration against the International Olympic Committee 

  • Acted for US professional tennis player in arbitration against the Grand Slam to overturn sanctions imposed at the French Open 

  • Acted for the Argentine Republic in annulment proceedings before the ICSID Ad Hoc Committee in connection with claims arising from emergency measures taken during 2001 financial crisis (CMS Gas Transmission Company v. Argentine Republic) 

  • Advised the Argentine Republic with respect to the defense multiple investment treaty arbitrations in connection with claims arising from emergency measures taken during 2001 financial crisis (LG&E v. Republic of Argentina; AES v. Argentine Republic; Suez and Interagua v. Argentine Republic; National Grid v. Argentine Republic; BG Group Plc v. Argentine Republic)

  • Acted for the Argentine Republic in the merits phase of investment treaty arbitration involving claims arising from water concession in the province of Tucumán (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)  

  • Acted for Australian manufacturer in an ICC arbitration against a German distributor in connection with contract dispute.  

  • Acted for US energy company in connection with an ICDR arbitration claiming the termination of a long-term gas supply contract. 

  • Acted for U.S. biotechnology company in an ICDR arbitration alleging a breach of contract by a Brazilian manufacturer. 

  • Acted for consortium of U.S. investors against a German pharmaceutical company in an ICC arbitration, alleging a breach of contract in connection with the transaction of large mergers and acquisitions. 

  • Acted for multiple world-ranked professional tennis players in doping-related arbitrations conducted under ATP and WTA Rules.

  • Cargill, Inc. v. United Mexican States (acted for investor in NAFTA arbitration against Mexico, arising out of the adoption of a tax on beverages containing high-fructose corn syrup) 

  • International Association of Athletics Federations v. USA Track & Field (acted for the U.S. Track and Field Federation in CAS arbitration arising from U.S. 2000 Gold Medal victory in the men's 4x100 m relay)

  • Acted for a U.S. credit card issuer in an ICC arbitration involving a royalty dispute between the issuer and its franchisee in Israel)

  • Acted for US futures exchange in ICC arbitration against the European futures exchange, in connection with software dispute involving access to source code

  • Acted for a U.S. telecommunications company in an UNCITRAL arbitration arising from M&A dispute against Peruvian seller

  • Acted for a U.S. telecommunications provider in an ICC arbitration against a Venezuelan long-distance carrier company involving interconnection dispute

  • Acted for a Brazilian steel manufacturer in an ICC arbitration against a Singaporean buyer arising out of a dispute over the sale of goods)

  • Acted for a U.S. credit card franchisor in an ICC arbitration against Colombian franchisees as a result of breach of a franchise agreement)

  • Acted for German IT company in ICC arbitration brought by a Swedish automotive/aerospace company in relation to a joint venture dispute

  • Acted for German bank in UNCITRAL Rules arbitration as a result of a dispute in relation to a joint venture)

  • Acted for German seller of a French company in an ICC arbitration against the French buyer, involving multiple post-closing disputes arising as a result of environmental liability

  • Acted for a U.S. hotel chain in ICC arbitration arising out of the construction of a luxury hotel in the Kyrgyz Republic

  • Acted for the multinational casino operator in parallel arbitrations before the ICC and LCIA arising out of a dispute concerning the joint venture and in relation to the construction and operation of casinos in Greece

  • Acted for UK insurance brokerage company in ICC arbitration against Brazilian insurance brokerage company in M&A dispute

  • Acted for Canadian petrochemical company in ICC arbitration against UAE petrochemical company involving dispute over allocation of indirect costs

As arbitrator

  • Consolidation arbitrator in multiple ICDR arbitrations involving contract disputes involving automotive distribution contracts involving the US and Middle East

  • Sole arbitrator in PCA arbitration involving contract dispute between United Nations agency and third-party contractor

  • Co-arbitrator in arbitration conducted pursuant to AAA Accounting Arbitration Rules between Cayman Islands’ liquidator and international accounting firm involving allegations of auditor negligence

  • Sole arbitrator in ICC arbitration between US and UAE parties involving escrow contract dispute

  • Sole arbitrator in ICDR expedited arbitration involving regulatory and contract claims between Puerto Rico telephone company and telecommunications provider

  • Sole arbitrator in ICDR arbitration involving contract dispute between Mexican manufacturer and US investors