Partner Quinn Smith pens an op-ed for Bloomberg Law Insight on international law governing seizure of foreign-owned assets, with respect to Putin’s threatened seizure of foreign investments in Russia. Smith states that under investment treaties, expropriation can give rise to claims for damages. However, collecting on the claims could prove challenging.
Washington Lawyer Magazine
Partner Quinn Smith and Senior Associate Gary Shaw write about the U.S. Federal Arbitration Act (FAA) and the petition to vacate under 9 U.S.C. 4. The analysis entitled "Overcoming Tight Window to Vacate Arbitration Awards," was published in the D.C. Bar's Washington Lawyer magazine September/October issue.
In this expert analysis, a look at the Energy Charter Treaty and how recent arbitration decisions are likely to ripple through other energy economies. As Central and Latin America pivot toward renewable energy, GST LLP recommends governments reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment.
Daily Business Review
Powering the "Green Energy Revolution" calls for both foreign investment in mines and universal sustainable practices. Rich in lithium reserves - among other rare materials - certain Latin American countries are well-positioned to help accelerate the world's transition to renewable energy while modeling exemplary sustainable practices that make good sense for the environment, and for business. Co-written by GST LLP Partners Quinn Smith, Diego Brian Gosis, and Ignacio Torterola, the commentary includes insights from mining industry expert Barbara Filas.
Written by GST LLP’s Pablo Mori, this expert analysis spotlights the recent ICSID lawsuit against Peru pertaining to Law No. 31018, which establishes the suspension of toll collection across the country. The emergency law was enacted as a result of the COVID-19 pandemic. In this, his second article chronicling the emergency legislation for Diario Gestión, Mori also looks at the state’s engagement with other road concessionaires and the international implications they may pose.
In an Op-ed published in Gestion, GST LLP’s Pablo Mori discusses how a recent #COVID19 bill to suspend highway toll charges in #Peru finally passed into law last week. Pablo summarizes the arguments that both parties, the State and investors, could eventually submit.
Citing the unusual environment occasioned by the Covid-19 pandemic, GST LLP partners Ignacio Torterola, Quinn Smith and Diego Gosis share their cautions with Bloomberg Law regarding the use of executive power in the Defense Production Act. They warn that normal treaty templates including clauses referring to essential security interests may provide administrations the excuse to favor domestic investment over foreign, and that these actions may result in liability.
GST LLP’s Pablo Mori responds to the controversial and topical adoption of a law in Peru that mandates the suspension of the collection of all tolls at a national level. The law is expected to bring arbitrations to the Peruvian state. In this analysis, Mori shares in his impressions around this timely international arbitration issue.
GST LLP partners Diego Gosis, Ignacio Torterola and Quinn Smith contribute an article to Law360’s Expert Analysis column that suggests that lessons for responding to Covid-19 may be learned from Argentina’s financial crisis. Refering to the “doctrine of necessity” that permits emergency action taken by states to ameliorate crises, the attorneys suggest that abandonment of international commitments is unwise, as is the preferential treatment of domestic investors over foreign investors.