Joseph R Profaizer

Practice Areas

Joe is a partner and Global Co-Head of Linklaters’ International Arbitration practice and an adjunct professor of law at Georgetown University Law Center. A Chambers-ranked attorney in international arbitration, he maintains a first-chair arbitration and litigation practice that focuses exclusively on complex international disputes. In 2023, Law360 recognized Joe as one of four “MVPs” in international arbitration in the United States.

A U.S.-qualified attorney and English-qualified Solicitor, Joe has practiced in both the United States and England and served as counsel in threatened or actual litigation or arbitration in over 70 countries. He has successfully represented clients in courts at both the trial and appellate levels, as well as in over 100 international arbitrations under the rules of the ICC, AAA/ICDR, LCIA, SIAC, HKIAC, ICSID, JAMS, CEPANI, CIETAC, WIPO, CeCAP and UNCITRAL. Joe has an established track record of achieving significant successes for his clients, including successfully representing them in disputes totaling tens of billions of dollars and obtaining tens of millions of dollars in fees and costs awards on their behalf.

Joe represents U.S., Asian, Latin American, European and other global public and private corporations as well as foreign sovereigns and their instrumentalities in a wide range of complex multi-jurisdictional, cross-border disputes. His industry experience spans investment, private equity, technology, energy, construction, joint venture, contract, e-commerce, hotel/hospitality, insurance, intellectual property, licensing, media, pharmaceutical and securities disputes. He also sits as arbitrator.

According to Chambers:

“Joseph Profaizer […] is highly regarded for his strengths in commercial and investment treaty disputes ... Commentators characterize him as ‘a great legal mind with a profound intellect,’ with sources revealing that ‘his technical skills and commercial insights make him an exceptionally effective litigator and negotiator.’”

“Joseph Profaizer is praised for his ability ‘to be open to the dynamics of the case.’ His expertise includes both commercial and investment treaty arbitration, and one client enthuses: ‘I give him high marks on everything.’"

“Clients are united in their opinion that Mr. Profaizer is ‘the guy you go to if you want to get things done.’ Hard-working and attentive, he is ‘always on top of things and gifted with strong strategic vision.’”

Professional Memberships

Country of Admission: UK (England & Wales)

State Admissions: Admitted in the District of Columbia, New York and Texas

Career

- Adjunct Professor at Georgetown University Law Center (Fall 2013-Present): “International Litigation and Arbitration: A Practitioner’s Approach”.

- Law360 International Arbitration Editorial Advisory Board (2018-2020; 2022-2024).

- Fellow, American Bar Foundation (2024-present).

- Faculty Member, Georgetown Law’s International Law Institute, 2022.

- Vice-Chair, International Arbitration Committee of the International Law Section, American Bar Association (2013-2015).

- Joe maintains an active pro bono practice.

- Joe is a regular lecturer at the International Law Institute in Washington, D.C. on international dispute resolution, including international commercial arbitration, investor-state arbitration, the rule of law and international commercial litigation.

- Qualified Mediator (Texas 1994).

- Law Clerk to Judge George P. Kazen, U.S. District Court for the Southern District of Texas (1993-1994).

Joe regularly speaks at conferences, in-house seminars, law schools, international organizations and non-governmental organizations on various aspects of international arbitration, international litigation, mediation and international law. He has taught or spoken in the United States, England, Canada, the Philippines, Germany, Bangladesh, South Korea and South Africa.

Publications

Joe’s analysis of international legal disputes has appeared in The Washington Post, The ABA Journal, The Wall Street Journal, Dow Jones, Bloomberg, UPI, CNN Money, Reuters, Global Arbitration Review, Fox Business, Al Jazeera, Morningstar, Oil Daily, The Guardian of London and Law360.

Joe is the author of numerous published articles, including:

- “Techniques and Tradeoffs for Incorporating Cost- and Time-Saving Measures into International Arbitration Agreements,” Journal of International Arbitration (Issue 34.2) (2017) (with Adam J. Weiss And Erin E. Klisch).

- “Investment Disputes Involving the Renewable Energy Industry Under the Energy Charter Treaty,” Global Arbitration Review: The Guide to Energy Arbitrations, eds. J. William Rowley QC, Doak Bishop and Gordon Kaiser (1st Edition (2015) & 2d Edition (2017) (with Igor V. Timofeyev, Charles A. Patrizia and Samuel W. Cooper).

- “Current Topics in International Arbitration,” The Advocate (Winter 2013) (with Samuel W. Cooper and Christie A. Mathis).

- “Year in Review: Extraterritorial Application of U.S. Law,” International Lawyer (with Charles A. Patrizia and Igor V. Timofeyev) (2013-2017).

- “Obtaining Injunctions in Aid of Arbitration in United States Federal Courts: Addressing a Potential Threshold Jurisdictional Bar” (2012) (with Daniel Prince).

- “Emerging Issues in the Enforcement of Foreign Arbitral Awards” (2011).

- “International Arbitration: Now Getting Longer and More Costly” (2008).

- “Pre-Trial Proceedings in U.S. Courts” (1997) (with Gary B. Born); “A Practitioner’s Research Guide and Bibliography to International Civil Litigation” (1997) (with Jonathan Pratter) (1993); and “Economic Development and Environmental Law in China’s Special Economic Zones” (1993).

Work Highlights

- Daiichi Sankyo: serving as one of five leading counsel in securing a zero-dollar liability win in one of the largest arbitrations in the history of the AAA/ICDR.

- Mitsubishi Tanabe Pharma Corporation: serving as co-lead counsel in a US$2bn+ ICC arbitration against Novartis Pharma AG.

- Asian construction machinery manufacturer: serving as lead counsel in a US$1.4bn ICC arbitration brought by a prominent U.S. company arising from a joint venture.

- U.S. private equity real estate fund: serving as lead counsel in parallel HKIAC and CIETAC arbitrations arising out of a PRC-foreign real estate joint venture dispute in excess of US$200m.

- Japanese manufacturing conglomerate: serving as co-lead counsel in an ICDR/AAA arbitration involving a contract dispute over buy-back rights for a joint venture.

- Leading Japanese manufacturer: serving as co-lead counsel in an LCIA arbitration seated in London concerning the dissolution of a multi-billion-dollar joint venture with a European conglomerate.

- Leading global insurer: serving as co-lead counsel in a political risk insurance arbitration based on claims of expropriation and discrimination by a Latin American sovereign.

- Privately held English technology company: serving as lead defense counsel in a bet-the-company LCIA arbitration against a U.S. claimant.

- Leading Chinese technology and automotive company: serving as lead counsel in an ICC arbitration against a leading U.S. technology company in a dispute over a licensing agreement concerning intellectual property rights.

- South Korean company: representing in federal court litigation against a U.S. company in a dispute concerning a long-term supply agreement for high-technology products.

- French, U.S. and Dominican companies: representing in three parallel treaty and contract arbitrations against the Dominican Republic in connection with the purchase of an electricity distribution company in that country.

- Central America's largest independent beverage producer and distribution company: serving as lead counsel in securing complete dismissal in a question of first impression in U.S. Courts involving the respective roles of the 21st Amendment to the U.S. Constitution, the New York Convention, the Federal Arbitration Act and California state law.

- Latin American development bank: serving as lead counsel in a suit to enforce a judgment issued by the Bolivian courts.

- Republic of the Philippines: serving as co-lead counsel in parallel arbitrations brought under UNCITRAL and ICSID arbitration rules seated in Hong Kong and in litigation in U.S. Courts in connection with recovery of state-related assets.

- An entrepreneur and related privately held company with institutional investors: serving as lead counsel for in a HKIAC arbitration seated in Hong Kong regarding an educational services venture in the People’s Republic of China.

- Leading Chinese media company: representing in a HKIAC arbitration seated in Hong Kong against a European licensor of one of the most popular television programs in the world.

- Mexican manufacturing corporation: serving as counsel in an ICC arbitration seated in New York regarding a shareholder dispute.

- Canadian real estate company: serving as a testifying expert before a Canadian court on the U.S. law of tort, forum non conveniens and personal jurisdiction.

- Leading global insurer: serving as lead counsel in a tripartite ad hoc international insurance arbitration seated in New York.

- Leading global insurer: serving as lead counsel in a complex tripartite ICDR arbitration for US$10m.

- Toyo Tire Holdings: obtaining precedent-setting federal appellate decision permitting interim relief pending constitution of arbitral tribunal.

Personal

A 2023 Law360 “MVP” in international arbitration, Joe is consistently ranked as a leading attorney in international arbitration by Chambers and Partners Global: The World's Leading Lawyers for Business (2013-present), Chambers and Partners USA: America's Leading Lawyers for Business (2008-present), Euromoney's Commercial Arbitration Expert Guide (2017-present), The Legal 500 (United States) (2007-2013, 2017-present), Who's Who Legal: Arbitration (2015 & 2021) and Best Lawyers In America (2021-present).

In both 2023 and 2024, he was named a “first runner-up” for “Litigator of the Week” for wins in the Mitsubishi Tanabe and Daiichi Sankyo arbitrations. In 2018, the National Law Journal recognized him as one of 40 “ADR Champions” in the United States. Joe’s “all-round qualities as a lawyer” have been recognized by the Global Arbitration Review in their annual ranking, the GAR 100. He has been listed by the GAR 100 as a “name to know” every year from 2009 to the present.

Education