News

GST LLP Associate Fabian Zetina delves into the meaning and mechanics of Valuation Dates in Investment Law & Arbitration.

The Lawyer Magazine profiled GST LLP Associate Fabian Zetina in their "Océanos Azules: Prácticas legales con alto potencial de crecimiento" edition. In the article, Zetina tells the story of his beginnings in Guatemala, Law School at Columbia University, and landing his first international arbitration position.

ICLG.com and CDR Magazine announce the appointments of Domenico Di Pietro as partner and Carmine A. Pascuzzo as of counsel. Domenico will be the firm's first London partner, and Carmine will be based out of GST's D.C. office. Both bring a valuable and unparalleled skillset to the table, as well as Italian as a working language in addition to the firm’s existing English, Spanish, Portuguese and French capabilities.

The 2021 Peru presidential election and frontrunner Pedro Castillo's proposals related to foreign investment and international arbitration are examined in this news article by GAR. Counsel Pablo Mori's perspective is included, as he warns "that Castillo's planned mining sector reforms - forcing investors to hand over more of their profits to the government - could result in more arbitrations against the state."

In this 2020 round-up, Kluwer Arbitration looks at the most important investment arbitration decisions in Latin America. Preeminent practitioners highlight and interpret key disputes from across the region, and Counsel Pablo Mori's analysis on The Rutas de Lima v. Metropolitan Municipality of Lima case was included.

GST LLP International Partner Ignacio Torterola invites the Washington Business Journal into his home office during the COVID-19 pandemic. He shares how he is both adapting to the new normal and keeping his international business thriving.  Ignacio is featured, alongside prominent C-level executives in the Greater Washington region, in the paper’s “HomeWork” column.

The ICSID unanimously decided to annul an arbitral award issued against Spain because of the improper constitution of the tribunal, namely that the investors’ appointed arbitrator had a conflict of interest. Said conflict of interest was first discovered and disclosed by GST LLP while representing Pakistan in the proceeding with the Australian joint venture, Tethyan Copper Company Pty Ltd in 2017. When asked to comment on the ruling, GST LLP’s Diego Gosis explains, “there is increased momentum for concerns relating to the integrity of tribunals.”

The Arbitration Court of the European Arbitration Association (AEA) and the Center for Mediation and Conflict Resolution (CEMED) joined forces with 300 experts from 18 countries in the first edition of the Little Open of Virtual Arbitration. GST LLP’s Pablo Mori participated alongside the likes of attorneys from multinational law firm Freshfields.

In response to an announcement by Peruvian officials that they may suspend the collection of toll fees on the country’s roads, an emergency measure in response to Covid-19, Pablo Mori of GST LLP warns that Peru may be in breach of international law. He exhorts states to be cautious, and to “take measures aimed at protecting human life or health,” as long as they are not arbitrary or discriminatory. For example, toll investors in Peru include a subsidiary of France’s Vinci Highways, which is currently bringing a contractual claim against the Metropolitan Municipality of Lima at the International Arbitration Chamber of Paris. Mori draws on his experience navigating the legal fallout from Argentina’s financial crisis, and he notes that many contracts have ICSID clauses, and that this is common in Peru.

GST LLP participated in a claim filed on behalf of an individual confined in Miami’s Metro West Detention Center who suffers multiple illnesses that make him especially vulnerable to the Covid-19 virus. Their work was instrumental in obtaining a judge’s temporary restraining order against the Dade Corrections and Rehabilitation Department.

GST LLP participated in a claim filed on behalf of an individual confined in Miami’s Metro West Detention Center who suffers multiple illnesses that make him especially vulnerable to the Covid-19 virus. Their work was instrumental in obtaining a judge’s temporary restraining order against the Dade Corrections and Rehabilitation Department.

Ignacio Torterola of GST LLP cites Gratitude as his “CEO Hack”, in a list of tips collected by CEO Blog Nation, reporting that “Showing gratitude for every individual’s unique efforts has opened countless doors, both personally and professionally.”

GST LLP partner Diego Gosis responds to a query by Thrive Global on how to quell anxiety during the Covid-19 pandemic by sharing that he comes up with a new bedtime story to tell his daughter each night and that mandatory daily breaks from the internet relieve stress. He makes a concerted effort to read actual format regulations in their original language before absorbing the news.

Responding to arbitration reforms passed in Peru in light of the continuing corruption scandal of Odebrecht, GST LLP’s Pablo Mori approved the overall aim of increasing transparency for disputes involving State entities, however, he appraised the rulings critically. He pointed to confusing aspects, specifically to the provision that the State cannot be subject to administrative fines, and to the requirement for private parties to pay to secure interim relief.

In this interview article, Partner Diego Brian Gosis discusses his life, his upbringing, his immigration to America, the birth of GST LLP, and how he came to know and love working in International Arbitration. To get to know the past -- and present -- of both Diego and GST LLP, read on here! (Available in both Spanish and English.)

GST LLP’s Mauricio Gomm Santos served as a witness in an ICC arbitration between Brazil’s VRG Linhas Aéreas and New York-based Matlin Patterson (MP). The dispute relates to a sale agreement signed in 2007, under which a subsidiary of Brazilian budget airline Gol purchased VRG for US$320 million from a Brazilian company called Volo, in which the MP funds had a minority stake. The agreement provided for ICC arbitration seated in São Paulo.

CIAR Global revisits PCA Case No. 2015-30, Venezuela against Clorox España. GST LLP represented Venezuela in winning an arbitration award of $4.6 million USD.

Ignacio Torterola, Argentina’s former ICSID liaison, joins Gomm & Smith, now branded as GST LLP and expanding its practice to Washington, D.C., where Torterola will be based. He joins Argentine colleague Diego Gosis there, and he brings three substantial treaty arbitration cases with him, for which he acts on behalf of Venezuela. Torterola spent nine years at Argentina’s Treasury Attorney General’s Office and five years heading the state’s ICSID office in the Argentine Embassy in Washington.

GST LLP Associate Kellie Portie is profiled in this UM Miami Law News article where she reflects on her academic and personal journey to becoming a rising star in the field of international arbitration. When asked about her work, Kellie proclaims “GST has been an incredible experience to learn of the practice from different perspectives and topics, and a place where I am able to be creative beyond the basic arguments.”

At the Institute of Transnational Arbitration’s 30th annual workshop in Dallas, GST LLP’s Diego Gosis opposed Ank Santens of White & Case in a debate on abuse of process. Diego argued that the jurisdiction phase is the appropriate place to dismiss a claim for an abuse of right to prevent double recovery.

A recent decision to dismiss an arbitration against Venezuela after the country denounced an underlying treaty has provoked speculation that other countries will be incentivized to do so. Diego Gosis of GST LLP confirms that previous tribunal findings on denunciation of treaties also apply to ICSID conventions, which Venezuela denounced in 2012.  

ICSID, in a first-time move, will administer arbitration proceedings not only under its own rules but also under UNCITRAL rules, as well as ad hoc investor-state and state-state proceedings. Venezuela, meanwhile, has applied to annul a US$307 million award over the construction and operation of a fertiliser plant that was issued in October 2017 in favour of Koch Minerals Sarl and Koch Nitrogen International Sarl. Ignacio Torterola of GST LLP in Miami, who is representing the State, tells GAR the grounds for annulment are “intrinsically connected” to the dissenting opinion of an Australian arbitrator which he says “targets the more fundamental tenets of the decisions.”

As Miami grows in popularity as a venue for international law, Law360 speaks to experts, including GST LLP Partner Diego Gosis, about the city’s status as a hub for International Arbitration.

Though Miami’s convenient location, “bicultural” atmosphere and affordability may recommend it over New York as a location for arbitration, mock panelists at the Latin Lawyer-GAR Annual Arbitration Summit debated Florida’s suitability. However, GST LLP Partner and panel witness Quinn Smith pointed out that Florida’s unique “failsafe” pro-arbitration laws keep cases from leaving the international arena and reverting to the state level.

Mauricio Gomm dos Santos of GST LLP serves as a council member on the Alliance for Equality and Diversity in Dispute Resolution, a new initiative launched by the recently resigned President of ArbitralWomen. To address the under-representation of women on tribunals as well as the lack of age, ethnic and geographic diversity, the new Alliance will establish an online forum for discussion, maintain a diverse database of practicing arbitrators and will offer regular programs on diversity.

Included in this round-up of South Florida’s movers and shakers is Mauricio Gomm Santos of GST LLP. Ranked among Brazil’s Best Arbitrators, Mauricio maintains active ties to the Brazilian community and was appointed to the board of directors of the Brazilian-American Chamber of Commerce of Florida.

GST LLP’s Diego Gosis and Ignacio Torterola reported that a stay in execution of an award to Turkish energy firm Karkey would ultimately convert to annulment, given the strong grounds put forward in their defense of Pakistan.

A profile on Diego Gosis as the “11th Hour Man” reveals his credo of “desire and low-risk aversion.” A lively sequence of career opportunities began with his roots in a small Buenos Aires firm and find him currently at GST LLP in Miami as the “go-to” lawyer for Latin American states facing investment arbitration.

For International Mediation Institute’s “Ask an Expert,” GST LLP Partner and International Arbitrator Diego Gosis shares in his unique perspective serving as counsel and arbitrator in international commercial and investment disputes. He also elaborates on the digitalisation of dispute resolution and the benefits of increased cultural diversity in the field.

GST LLP partner Quinn Smith took part in the ICC Young Arbitrators Forums North America regional conference. There he discussed a case before the Second Circuit Court of Appeals regarding the enforcement of a US $465 million ICC award rendered against Mexican state oil and gas company Pemex in favour of Commisa, a subsidiary of US engineering company KBR. Smith argued that there existed no specific applicable case law in Mexico and that US courts should not second guess the courts of Mexico.

A top student from University of Miami’s White & Case International Arbitration LL.M. program worked with GST LLP’s founding partner Quinn Smith in 2016 as part of its International Arbitration Practicum. Quinn expressed delight with this “externship” opportunity for students wishing to gain practical experience in the field.

Argentine Ignacio Torterola brings the “T” to boutique Miami firm Gomm & Smith, now named GST. Torterola has a proven track record as defender of Argentina amid an overwhelming tide of investment arbitration cases there. Torterola states that “personalized services and competitive pricing” are on trend in this field. He spent eight years in Argentina’s Office of the Treasury Attorney General, alongside fellow GST LLP attorney Diego Gosis. The law firm has formed a team of dedicated attorneys defending countries including Venezuela in arbitration and related litigation.

GST LLP makes the Global Arbitration Review GAR100 list of reputable international arbitration firms, ranking it globally among firms that tackle serious international arbitration matters before credible arbitrators.

Diario UChile reviews the book entitled “Caso Chevron: Defensa del Ecuador frente al uso indebido del arbitraje de Inversión.” The book aims to inform the public and generate responses around the controversy surrounding the infamous Chevron v. Ecuador case. When asked to opine, GST LLP’s Ignacio Torterola stated that the publication provides an invaluable historical and legal testimony.

Quinn Smith of GST LLP is named to the committee of the ICC International Court of Arbitration’s Young Arbitrators Forum. Charged with promoting ICC YAF conferences and events around the world, this diverse international committee will expose young lawyers to current issues in arbitration.

Quinn Smith of Gomm and Smith, now GST LLP, is appointed to the global advisory board of the International Centre for Dispute Resolution’s (ICDR) under-40 group, composed of twenty-one practitioners from sixteen countries.

Global Arbitration Review reports that boutique Miami firm Smith International Legal, now GST LLP, has hired Argentine lawyer Diego Gosis to advise on commercial and investment arbitration. Gosis believes Miami will soon be a hub for investor-state arbitration. He says “Many of the pending investor-state claims relate to Latin America, and both investor and state parties have close business and social connections in Miami,” he explains. “The local practitioners also have the sophistication and skills to deal with such cases.” Mauricio Gomm dos Santos enthuses “Diego brings a great skillset to our office. Not only is he intelligent and talented but he has a breadth of experience that is without parity in the market.”

Quinn Smith will chair a new Young Arbitrators group that has launched in Miami named Future Arbitration of Miami (FAM).

Quinn Smith and Mauricio Gomm dos Santos, GST LLP partners, faced each other across the football field, in a friendly game among arbitrators. Brazil v. the World took place at the 2010 ICCA conference in Rio de Janeiro.

A Carnival Cruise employee’s slip on a wet floor while working moved from Miami court to the Philippines under Panamanian law, due to an arbitration clause in his employment contract. Mauricio Gomm dos Santos and Quinn Smith of Smith International Legal Services (now GST LLP), wrote that “arguably, if the choice of law deprives a party of a federal claim, then the mere existence of the claim may create a non-arbitrable issue as a matter of public policy.” In this case, the Eleventh Circuit Court found that an arbitration clause in a contract between a seaman and a cruise ship couldn’t be applied, because its choice of a foreign seat and a foreign governing law would deprive the individual of a US statutory right. It was also found that the employee had recently signed a new contract without an arbitration clause.

Mauricio Gomm dos Santos of Brazil and Quinn Smith of Miami join forces in 2009 to become Smith International Legal Services (now GST LLP), a new boutique law firm in Miami’s active international trade environment. Gomm dos Santos, 48, and Smith, 27, will serve the Brazilian community in Miami as the level of Brazilian investment in the US is increasing. “Commercial arbitrations featuring public concessions and Brazilian state-owned companies are also becoming more common,” says Gomm dos Santos.