He has been active in the financial and banking, real estate, energy, construction, infrastructure, hotel and leisure, industrial and distribution sectors.
Javier has been recognised as leading individual in litigation and arbitration by Chambers & Partners and Legal 500. He has been regularly teaching the subject “drafting of procedural briefs” in the Master in International Advocacy at Instituto Superior en Derecho y Economía (ISDE) since 2015. He has won praise by the clients for “his detailed study of cases, his legal knowledge and his lateral thinking” (“he sees possibilities that aren't easy to see”) and for being “completely involved in the matter from the first moment”.
Javier has experience, both before Courts and in domestic and international arbitration, in the defence of international and domestic clients, including banks and financial institutions, utilities, construction and infrastructure companies, industrial entities, funds and litigation funds, in civil, contractual and corporate and shareholders disputes, real estate and construction controversies, liability claims related to investments in the financial sector and stock market, unfair competition and antitrust law, antitrust damage claims, distributorship, franchise and agency contracts, as well as in pre-insolvency matters, defence of claims or contracts in bankruptcy proceedings and litigation funding agreements.
Expertise
Industries
Experience
Representative matters
He has represented a major leading Spanish financial institution, in its capacity of majority shareholder of the Madrid company promoting the biggest urban development in Europe, in a landmark corporate arbitration brought by the minority shareholders, challenging the amendment of the by-laws which suppressed the pre-emption rights.
Javier has led the advice to one of the major worldwide litigation funders in the two most prominent litigation funding cases in Spain.
Javier has represented one of the major retail supermarket chains in Spain in their litigations before Spanish Courts related to franchise agreements and unfair competition claims.
He has represented a major Spanish banking entity in a litigation before the Courts of Madrid concerning the termination of an agency agreement, with a claim for damages and competition for clientele in excess of Euro 60 million.
Javier has represented a major Spanish construction company in the ensuing litigations brought by the purchaser of the concessions subsidiary in relation to the business of the latter.
Relevant A&O/Shearman & Sterling and previous firm experience includes advising and successfully representing one of the main Spanish utilities in several civil litigations concerning different sale and purchase agreements of real estate assets in Madrid and Valladolid (CMS Albiñana and Suárez de Lezo experience).
Javier has led the advice to one of the major worldwide litigation funders in the two most prominent litigation funding cases in Spain.
Javier has represented one of the major retail supermarket chains in Spain in their litigations before Spanish Courts related to franchise agreements and unfair competition claims.
He has represented a major Spanish banking entity in a litigation before the Courts of Madrid concerning the termination of an agency agreement, with a claim for damages and competition for clientele in excess of Euro 60 million.
Javier has represented a major Spanish construction company in the ensuing litigations brought by the purchaser of the concessions subsidiary in relation to the business of the latter.
Relevant A&O/Shearman & Sterling and previous firm experience includes advising and successfully representing one of the main Spanish utilities in several civil litigations concerning different sale and purchase agreements of real estate assets in Madrid and Valladolid (CMS Albiñana and Suárez de Lezo experience).
Published Work
- Alberto de Martín Muñoz and Santiago Hierro Anibarro [Coords.], 2006, Commentary on Law on Arbitration, Madrid: Marcial Pons. Coauthor of the chapter dealing with the enforcement of the award (articles 44 and 45 of the Law on Arbitration).
- Legal Today, 2008, "Can payment of bank fees and expenses be claimed within the especial procedure for collection of bills of exchange, promissory notes and checks? Well… it depends."
- Mariano Yzquierdo Tolsada [Dir.], 2009, Commentary of judgments of the Spanish Supreme Court for unification of doctrine., Vol. II. Madrid: Dykinson. Commentary on the judgment of the Spanish Supreme Court of January 15, 2008. Appropriateness or inappropriateness of compensation for clientele/goodwill in distributorship agreements.
- Mariano Yzquierdo Tolsada [Dir.], 2011, Commentary of judgments of the Spanish Supreme Court for unification of doctrine. Vol. IV. Madrid: Dykinson. Commentary on the judgment of the Spanish Supreme Court of January 15, 2010. Invalidity of an exclusive supply contract under a brand name, related to a petrol station, due to its incompatibility with Competition Law.
- Mariano Yzquierdo Tolsada [Dir.], 2014, Treatise on civil, commercial, public, labour and international agreements, with their tax implications. Navarra: Thomson Reuters Aranzadi. Author of the chapter dealing with the concession agreement, consignment agreement and exclusive supply contract under a brand name, related to a petrol station, in Volume IV.
- "The immunity from jurisdiction of the States: an overview under Spanish procedural law in the light of article 6 of the United Nations Convention on Jurisdictional Immunities of States and their property". Revista Internacional de Estudios de Derecho Procesal y Arbitraje. August 2014.
- "Prelitigation actions". Economist & Jurist. February 2015.
- Practical commentary on the new rules of corporate governance. Law 31/2014, of amendment of Company Law by CMS Albiñana & Suárez de Lezo. Author of the chapter dealing with the corporate resolutions that can be challenged. June 2015: Dykinson.
- Chapter on the "International bill of exchange and its legal problems", of the 31st Volume, "Legal Handbook on Banking Market. Usual objects", in Iberdrola Handbooks on Law for Engineers (VII). December 2015: La Ley.
- Mariano Yzquierdo Tolsada [Dir.], 2016, Commentary of judgments of the Spanish Supreme Court for unification of civil and commercial doctrine. Vol. V (2011-2012). Madrid: Dykinson. Commentary on the judgment of the Spanish Supreme Court of January 18, 2012, on the procedural way for filing an appeal in cassation.
- Mariano Yzquierdo Tolsada [Dir.], 2016, Commentary of judgments of the Spanish Supreme Court for unification of civil and commercial doctrine. Vol. VI (2013-2014). Madrid: Dykinson. Commentary on the judgment of the Spanish Supreme Court of September 10, 2014, on the requirements of the brief for filing an appeal in cassation, and on the judgments of the Spanish Supreme Court of November 24 and 28, 2014, on the enforcement proceedings based on a non-judicial title and, in particular, the construction of article 564 of the Civil Procedure Law and the scope of the opposition to the enforcement proceedings by the executed party.
- Mariano Yzquierdo Tolsada [Dir.], 2017, Commentary of judgments of the Spanish Supreme Court for unification of civil and commercial doctrine. Vol. VII (2015). Madrid: Dykinson. Commentary on the judgment of the Spanish Supreme Court of 12 January 2015, on the consummation of the agreement as starting date of the limitation period for the exercise of the annulment action based on misrepresentation or fraudulent misrepresentation.
Speaking Engagements
- Associated member of Club Español e Iberoamericano del Arbitraje
- Member of the Directive Committee and associated member of Club Español de la Litigación de los Negocios.
Leadership Positions And Professional Affiliations
Associated member of Club Español e Iberoamericano del Arbitraje
Member of the Directive Committee and associated member of Club Español de la Litigación de los Negocios.
Recognition
“Javier is very attentive to detail and extremely organised.”
Chambers & Partners, 2023
Qualifications
Admissions
Spain, Madrid Bar Association, 2000.
Academic
Degree at Law and title of Corporate Legal Advisor, Universidad Pontificia de Comillas (ICADE, E-1), 2000.
Languages
English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.