Joaquin, who also goes by Jack, represents multi-national corporations in complex international commercial arbitrations ranging from energy and mining disputes to post-M&A and telecommunications claims. He also has advised both States and investors in investor-State treaty disputes, including matters under LCIA, ICC, SIAC, ICSID, AAA, HKIAC, and UNCITRAL rules. Jack’s practice spans the globe, advising clients on disputes arising in the UK, Europe, United States, Asia, Africa, and South America. Jack also sits as an arbitrator in cases under any of the aforementioned institutional rules.
In addition to energy and mineral resources, Jack’s practice focuses on disputes in the telecommunications, finance, manufacturing, and automotive industries, and also includes advising clients on energy transition and ESG (environmental, social, governance) disputes more generally.
Jack also has coordinated large-scale global disputes with local counsel in multiple jurisdictions, and has advised States on conflict mediation, drafting legislation related to war crimes, and devolution of governmental authority. He has acted for clients in commercial litigation in the U.S. federal district and appellate courts, as well as in internal investigations and on sanctions issues. During his career, he has been based in New York, London, and Tokyo.
He is qualified in New York and in England & Wales, and is admitted before the Supreme Court of the United States and the US Court of Appeals for the Second Circuit, as well as the Southern and Eastern Districts of New York; was a registered foreign lawyer licensed to practice New York law in Japan during his seven years there; and is a registered foreign lawyer with the Singapore International Commercial Court.
His recent publications include “The Rise of Environmental Disputes: A Due Process-Based Approach to Evaluating Scientific Evidence”; “Investment Treaties and Environmental Protection - Treaty Provisions, Systemic Integration and State Practice”; “Global Developments in investor-State dispute settlement (ISDS)”; “Protecting Foreign Investments in a CPTPP World”; “The LNG View: Gas-Pricing Disputes Coming to Asia”; and “Re-designing investor-State dispute settlement”.
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Jack’s recent experience (including with his previous firms) includes:
- representing a subsidiary of Japan’s Toyota Group on its Energy Charter Treaty claim against Spain over renewable energy reforms, helping win the largest ever treaty award for a Japanese company
- representing South Korea in an investment treaty claim brought by a New York hedge fund over the country’s intervention in a US$8 billion merger between two Samsung affiliates, where the tribunal agreed with South Korea in awarding damages that were less than 10 percent of what the fund was demanding
- representing a subsidiary of Thailand’s national oil and gas company on its billion-dollar investment treaty claim against Egypt relating to the “peace pipeline” between Egypt and Israel, and has represented the government of Sierra Leone in a dispute over oil and gas exploration rights off the coast of West Africa
- representing a Japanese automotive manufacturer on a distributorship dispute in the Middle East
- advising a Japanese energy company on contractual price review negotiations
- representing Vale SA, the Brazilian mining company, in its successful $2 billion dollar arbitration against its former JV partner BSGR arising from the loss of rights to mine the Simandou iron ore deposit in Guinea
- representing Telecom Italia in defeating a US$15 billion ICC claim brought by its former Brazilian business partners over alleged coercion with respect to a Brasil Telecom shareholder dispute
- advising a global investment fund on multiple disputes arising from its holdings in power plants in India
- advising a Japanese trading house on a dispute with its service provider in relation to a mining operation in Bolivia
- representing HSBC in defending against approximately US$9 billion in claims arising from the Bernie Madoff Ponzi scheme, including advising on US court litigation and overseeing litigation in various jurisdictions around the globe, including Ireland, the UK, Europe and the Caribbean
- representing Sierra Leone in a dispute regarding oil exploration rights off the coast of West Africa
- IPBA Tokyo Conference, April 2024, “Sustainable Construction”
- Tokyo Forum on Dispute Resolution, March 2024, “International Investment Disputes”
- Paris Arbitration Week, March 2024, “International dispute resolution and climate change: regional perspectives from Africa, LATAM, Middle East & Asia”
- Yonsei University International Arbitration Day, August 2023, “Charting ESG Frontiers and Arbitration”
- SIAC Tokyo Conference, July 2023, “Saving Time and Costs: Arb-Med-Arb and Other Procedural Tools”
- IPBA Conference Dubai, March 2023, "Major Projects -- Management of Post-COVID Impacts on Progress and Payment"
- Tokyo Forum on Dispute Resolution, December 2022, "Anchoring new approaches to the core principles of due process and fairness"
- 8th Annual International Arbitration & Corporate Crime Summit, Tokyo, December 2022, “Upcoming trends in international arbitration”
- AIAC Asia ADR Week, October 2022 in Kuala Lumpur, "Arbitration in Human Rights, ESG and Employment Disputes: Bridge to Terabithia?"
- Japan Dispute Resolution Lawyer of the Year 2023 (ALB Awards)
- Ranked in Chambers
- Ranked in Who’s Who Legal
- Qualified in New York and England & Wales
- Admitted before the Supreme Court of the United States; US Court of Appeals for the Second Circuit; Southern District of New York; Eastern District of New York
- Registered Foreign Lawyer with Singapore International Commercial Court
- J.D., Fordham University School of Law