Practice Experience
Joseph Brubaker practices in international dispute resolution through arbitration and litigation, serving as counsel to corporations and sovereigns before international tribunals and US courts. He also advises on the drafting of dispute resolution clauses in international contracts.
Prior to joining White & Case, Mr. Brubaker worked as an intern at the United States District Court for the Southern District of New York, served as counsel in arbitrations under the JAMS and IACAC rules, advised a Brazilian company regarding its investment in Bolivia, and completed a clerkship at the International Court of Arbitration (ICC) in Paris, France.
Significant recent experience includes:
- Counsel to sovereigns in international disputes, including to the Republic of the Philippines in ICC and ICSID arbitrations concerning a concession to build and operate an airport terminal and in a WTO panel dispute and to Romania in ICSID arbitrations about duty-free services and the privatization of several companies;
- Counsel to financial institutions in state and federal litigation, including the Republic of Indonesia’s largest state-owned bank and other clients in Asia, Europe, and North America, in disputes, regarding international banking transactions and terrorism;
- Counsel to corporations in international arbitration, including arbitrations administered under the ICC, JCAA, and UNCITRAL rules, in disputes concerning financial instruments, the sale of goods, mining and minerals, and allegations of money laundering and bribery; and
- Counsel to a pro bono defendant in an appeal and petition for certiorari to the United States Supreme Court.
Mr. Brubaker is an adjunct professor at the Catholic University, Columbus School of Law, where he teaches courses on international arbitration and international litigation.
Bars and Courts
District of Columbia Bar, 2008
New York State Bar, 2007
Education
LLM, University of Cambridge, First Class Honors, 2007 JD, Columbia Law School, Harlan Fiske Stone Scholar, Recognition of Achievement in Foreign and Comparative Law, Teaching Fellow for Civil Procedure, 2006 BA, University of Utah, President's Scholar, 2002
Professional Associations and Memberships
International Bar Association DC Bar International Law Section J. Reuben Clark Law Society, International Law Practice Chair
Awards and Recognition
William C. Vis International Commercial Arbitration Moot, First Place for Claimant's Memorandum, Honorable Mention for Respondent’s Memorandum, Oral Semi-Finalist, 2006
Publications
Twenty-Five Years of the "Prospective Waiver" Doctrine in International Dispute Resolution: Mitsubishi’s Footnote Nineteen Comes to Life in the Eleventh Circuit, 64 University of Miami Law Review 1233, 2010 (co-author) A Sporting Chance? The Court of Arbitration for Sport Regulates Arbitrator-Counsel Role Switching, 10 Virginia Sports and Entertainment Law Journal 1, 2010 (co-author) Anti-Suit Injunctions in Aid of Arbitration: the American Approach, 12 International Arbitration Law Review 115, 2009 (co-author) The Judge Who Knew Too Much: Issue Conflicts in International Adjudication, 26 Berkeley Journal of International Law 111, 2008 Commentary: Beyond the Survey: The 2010 International Arbitration Survey on Choices in International Arbitration, 25(11) Mealey’s International Arbitration Report 25, 2010 (co-author) Judicial Decision: The Prospective Waiver of a Statutory Claim Invalidates an Arbitration Clause: The Eleventh Circuit Decision in Thomas v. Carnival Corp., 19 American Review of International Arbitration 309, 2009 News: RZS Holdings AVV v PDVSA Petroleos S.A., 12 International Arbitration Law Review N-34, 2009 (co-author) Book Review: The Law and Practice of International Arbitration by Thomas E. Carbonneau, 17 American Review of International Arbitration 293, 2007
Speaking Engagements
Arbitration for Judges, Instructor, International Law Institute, Washington, D.C., August 2011 International Arbitration Practice, Panelist, Columbia International Arbitration Association, 2009 Fall Symposium, New York, November 2009 International Courts and Tribunals, J. Reuben Clark Law Society, New York, November 2009
Languages
English Mongolian French Russian
Citizenship
United States
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