Javier is a partner in the litigation and arbitration practice in the Madrid office, specialized in commercial dispute resolution and insolvency law.
With more than 20 years of experience, he advises a wide range of clients in pre-contentious and contentious issues mainly in civil, commercial and company law matters, having acted before Spanish Tribunals of all instances and jurisdictions.
He has broad experience in domestic and international arbitration proceedings, as well as with arbitration-related judicial proceedings, namely exequatur, injunctions and enforcement proceedings. He also specialises in pre/insolvency (bankruptcy) law and has acted in insolvency proceedings as counsel for the debtor and for the creditors, as well as for directors, shareholders and any other party related to the pre/insolvent company.
He also participates in distressed-related transactions regarding productive units, distressed credits (NPLs portfolios and single names), special situations and real estate-backed debt investments. Additionally, he has experience in white-collar crime, compliance and re/insurance matters and his professional career is complemented by non-contentious work, including pre-litigation and pre-insolvency advice, negotiation of out-of-court settlements and rendering of opinions on a number of issues of civil, commercial, pre/insolvency, criminal and procedural law.
Accolades
His expertise is highlighted in Chambers & Partners and Legal 500 for dispute resolution and restructuring & insolvency since 2020.
- "Javier de Carvajal understands our way of working and thinks outside the box."; "Javier makes the process very easy for his client.", Chambers Global & Europe 2023 – Spain (Dispute resolution)
- Clients indicate that "he has outstanding commitment as well as technical skills and is always attentive to the needs of the client.", Chambers Global & Europe 2022 – Spain (Dispute resolution)
- Interviewees highlight that "his approach to matters is practical and commercially aware.", Chambers Global & Europe 2021 – Spain (Dispute resolution)
Background
He has a Law degree and a Business studies diploma by the Universidad Pontificia Comillas (ICADE E-1) (Spain). He speaks Spanish, English and French.
He is a member of the Ilustre Colegio de la Abogacía de Madrid (ICAM – Madrid Bar Association), as well as of the Club Español de Arbitraje (Spanish Arbitration Club) and of the Spanish Insolvency Law Club (CEDI – Club Español del Derecho de la Insolvencia).
Prior to joining the firm, he worked in another international law firm and in one of the major Spanish law firms.
Experience & expertise
Selected matters
- a leading global alternative investment management firm on its work-out strategy in relation to the enforcement of securities and collection of debt. Also, defence against several lawsuits brought by its debtors. Aggregate value of over €70 million
- the most important Spanish toy manufacturer on its defence in several civil proceedings against former shareholder, acting both as plaintiff and as defendant. Aggregate value of over €25 million
- a family investment vehicle: advising one of the biggest creditors in the Nueva Rumasa group insolvency proceedings -- one of the largest and most well-known insolvencies in Spain. Furthermore, acting as defendant's counsel against a claw-back claim filed by the insolvency administrators (the value of the claim was €4.5 million)
- an important real estate developer, acting both as plaintiff's and defendants' counsel in several litigation cases related to sale and constructions agreements. Aggregate value of over €17 million
- a Mexican construction company on an ICC arbitration against a Bolivian infrastructure state-owned company for the undue and illegal termination of the works contracts (FIDIC) in relation to the construction of the dual carriageway in the road Santa Cruz-Cochabamba in Bolivia. Aggregate value of over €20 million
- a Swiss financial services company on a claim filed by a Spanish bank against 12 of its employees for allegedly engaging in acts of unfair competition
- a real estate developer on an ICC arbitration regarding several real estate projects. The dispute relates to the termination of the relevant contracts and the compensation for damages claimed as a consequence of those terminations
- Nueva Pescanova on a litigation against one of its shareholders regarding the nullity of a €300 million facility agreement granted to companies belonging to Grupo Nueva Pescanova by certain financial entities, entered into after a complex period of negotiations in the context of the insolvency proceedings and the group restructuring to avoid liquidation
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