Experience

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.

The multi-day symposium, produced by Peruvian organization Asociación Zambrano, included special guests from the world over sharing in insights related to investment arbitration and international arbitration.  Among the featured speakers were Partners Ignacio Torterola and Mauricio Gomm Santos who discussed ethical issues in arbitration and the procedural challenges facing international commercial arbitration, respectively.

GST LLP Partner Diego Brian Gosis was a panelist for the IV Seminario Internacional: Comercio Internacional, Inversión y Arbitraje conference. He participated in the “Speed in Arbitration” panel and was joined by a who’s who of international specialists.

GST LLP’s Mauricio Gomm Santos was invited to participate in the 15th Annual ICDR Practice Moot and Lecture Series. He presented a seminar entitled “Cross-Cultural Tips in International Arbitration.” The annual event provides a forum for law students from around the world to gain practical experience in the field of international dispute resolution.

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

The DOJ – Office of Alternative Dispute Resolution of the Philippines invited Foreign Associate Anjo David to be a resource speaker for its first ever pre-moot training series. The OADR and supporting organizations joined forces for this initiative with the aim of introducing future Filipino lawyers to the practice of international arbitration.

GST LLP’s Pablo Mori joined the Swiss Chapter of the Club Español del Arbitraje for an industry talk entitled, “El apoyo de los jueces a tribunales arbitrales y partes en procedimientos arbitrales extranjeros: una perspectiva comparada en Suiza, Perú, Estados Unidos y Francia.” Conducted in Spanish, the panelists discussed court assistance to foreign and international tribunals, while Pablo focused on the experience in the United States (28 U.S.C. Section 1782) and Peru.

Miami Foundation recognized Managing Partner Quinn Smith with the Emerging Philanthropist Award for 2021. The recognition celebrates a 40-or-under donor who uses charitable giving to drive measurable results around a local cause, broadly improve the lives of Greater Miamians, and encourage others to give.

The CIArb Brazil Branch and the International Centre for Dispute Resolution (ICDR) collaborated to present a webinar on the 2021 ICDR regulations for international dispute resolution. Among the speakers, GST LLP’s Mauricio Gomm Santos.

Ignacio Torterola was a featured speaker of the second edition of Washington Arbitration Week (WAW), presenting on the panel entitled “Ethics and International Arbitration: Is it Time for an International Code of Ethics?” The panel centered its discussion on whether it is necessary to regulate the ethical conduct of arbitrators, counsel, and experts in international arbitration to enhance the legitimacy of the arbitral process.

GST LLP was invited to present at the Swiss Chinese Law Association’s Special Event: “Challenges and problems of the current arbitration and mediation institution” on November 26, 2021. Partner Mauricio Gomm Santos joined a group of esteemed international law experts for a panel entitled “Issues on the Appointment of Arbitrators and Integration Arbitration/Mediation.”

GST LLP’s Mauricio Gomm Santos served as a featured speaker at The Chartered Institute of Arbitrators (CIArb) “Investment Legal Security in Brazil: Arbitration as an Alternative” conference. The conference, produced in partnership with ApexBrasil (the Brazilian Foreign Trade Promotion Agency), was hosted by the CIArb’s Brazil Branch and took place in Dubai on November 16, 2021.

Partner Domenico Di Pietro provided the opening remarks during the Sovereign States and the Protection of Foreign Investments lecture presented by Arbit. Joined by leaders in the field, the discussion focused on new policies, objectives, and expectations through bilateral and multilateral treaties.

GST LLP’s Carmine Pascuzzo and Ignacio Torterola were among the prestigious group of instructors to instruct and mentor arbitration professionals at the international Centro de Arbitraje CCL: Diploma Internacional de Arbitraje program in the fall of 2021.

Organized by the Asociación Europea de Arbitraje, arbitration professionals shared the latest developments at the seventh edition of the Open de Arbitraje conference which took place in Madrid in a hybrid format. The theme for the event was sustainability and the environment and expanding upon the green initiatives that have emerged in the field of arbitration globally. Partner Diego B. Gosis spoke alongside other arbitration professionals about the current issue of investment arbitration in the energy sector.

New York University School of Law’s Center for Transnational Litigation, Arbitration, and Commercial Law hosted a webinar entitled “Introduction to International Arbitration in Africa.”  The event was moderated by GST LLP Partner Domenico Di Pietro. The lecture included an overview of the historical development of arbitration law in Africa and of the legal framework applicable in various African countries. The speakers also addressed practical issues, such as the implications of choosing to seat an arbitration in an African jurisdiction, the importance of African arbitrators and counsel in international arbitrations with seats in Africa and outside Africa, and the attitudes of domestic courts vis-à-vis arbitration at both the pre-award and post-award stages.

Produced by Tashkent International Arbitration Centre and the Chamber of Commerce & Industry of the Republic of Uzbekistan, the inaugural Uzbekistan Arbitration Week brought together a who’s who of international arbitration leaders in the fall of 2021.

GST LLP’s partners Ignacio Torterola, Diego Brian Gosis, and Domenico Di Pietro headlined the “New Trends in Investment Arbitration: Jurisdiction, Merits and Damages Calculation” panel. They discussed recent reforms taken in Uzbekistan in the realm of business development and international arbitration.

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.

Jus Mundi nominates International Arbitrator at GST LLP Diego B. Gosis as “Arbitrator of the Week.”

The Swiss Chinese Law Association (SCLA) joined forces with Geneva International Dispute Resolution Institute (GIDI) to present “Is there a Role for Conciliation in International Commercial Disputes” on August 27, 2021. GST LLP’s Mauricio Gomm Santos was among the world’s top international experts invited to speak.

Partner Mauricio Gomm Santos presented at CIArb Brazil’s “Arbitration in Court: US Legal Framework, and Issues regarding Commercial Arbitration” online event.  He was joined by other experts including Attorney, Chartered Arbitrator, and CEDR Accredited Mediator Steven Certilman; and FCIArb, and Partner at Hasson Advgados Felipe Hasson.

Law360 reports on the latest proceedings pertaining to LLC Energoalliance v. Republic of Moldova. Representing Moldova, GST LLP urged the court to pause a $58MM award enforcement considering the recent European Court of Justice’s ruling on the arbitration provision found in the Energy Charter Treaty.

Held August 11 – 13, 2021, the OAB Paraná 7a Conferéncia da Advocacia Paranaense Solucão de Alternativa de Conflitos conference featured global legal leaders, including GST LLP’s Mauricio Gomm Santos. He elaborated on the “Solutions to Alternative Conflict.” The lecture was conducted in Portuguese.

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.

GST LLP was included in this year’s GAR 100. Global Arbitration Review is one of the leading journals in the field, and the guide offers an in-depth analysis of the best arbitration practices in the world.

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.

In this feature story, Law360 writes about GST LLP and its new partner and of counsel hires. Domenico di Pietro will be the firm’s first London partner, boosting the firm’s presence overseas while enlarging and strengthening its commercial and investment arbitration capabilities. Di Pietro told Law360 that in addition to the firm’s high-profile team and fast-paced growth, he was attracted to the character and values of its lawyers, who he said are “devoted to offering the highest standard of assistance in international dispute resolution while bearing in mind the challenges currently faced by the entities that we assist.”

Global Arbitration Review breaks the news of our firm’s newest appointments: Domenico Di Pietro as partner and Carmine Pascuzzo as of counsel. Di Pietro is the firm’s first London partner and will spend time drumming up business for that office among other initiatives. He is also the fifth partner at GAR 100 firm GST. Meanwhile, the boutique has strengthened its DC offering by hiring of counsel Carmine Pascuzzo. Pascuzzo previously spent time at the Venezuelan firm ADM & Asociados, where he was a junior partner.

GST LLP’s Mauricio Gomm Santos sat down with the venerable Professor Julian DM Lew QC for a fascinating review of modern international arbitration and its ongoing evolution. Presented by Canal Arbitragem, the InterViews series offers viewers a front-row seat to the industry’s most accomplished arbitration professionals.

GST LLP Partner Domenico Di Pietro spoke at an event organized by NYU Law and co-hosted by the Milan Chamber of Arbitration focused on the study entitled “Responsible private funding of litigation” authored by Jérôme Saulnier with Ivona Koronthalyova and Klaus Müller, European Added Value Unit, Directorate-General for European Parliamentary Research Services (EPRS), and the research paper annexed to it entitled “State of play of the EU private litigation funding landscape and the current EU rules applicable to private litigation funding”, co-written by Professors Cristina Poncibò and Elena D’Alessandro, University of Turin, Law Department, with cooperation, inter alia, by Dr. Niccolò Landi.

GST Counsel Pablo Mori joined Karima Sauma, Alfredo Bullard, and Sophie Nappert for the ITA’s virtual “YoungITA Mentorship Program” to elaborate on The (Sometimes Forgotten) Importance of the Arts and Psychology in Advocacy in International Arbitration. The presenters discussed the use of the arts and psychology in international arbitration and how the employment of such devices stands to influence an arbitrator’s decision-making.

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 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.

The South Florida chapter of the American Constitution Society held a panel discussion on the controversial anti-riot bill, HB 1 in Florida, featuring the Director of Policy and Programs at Florida International University Center for the Administration of Justice, Melba Pearson; Senior Attorney and Director of Litigation, Community Justice Project, Miriam Haskell; and State Attorney Andrew Warren. The panel was moderated by GST LLP Managing Partner Quinn Smith.

Peruvian attorney and arbitration law expert, GST LLP’s Pablo Mori shares his analysis with Gestión regarding two proposals presented by Peruvian presidential candidate Pedro Castillo and their probable adverse effects on the Peruvian community.

Roger Rubio and a great team of arbitration experts – including Partner Mauricio Gomm Santos – join forces for the launch of Arbitration Live, a new series dedicated to arbitration. The virtual discussion was conducted in Spanish.

GST LLP Partner Mauricio Gomm Santos was elected for a third term to the Council of the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR) on April 14, 2021.

GST LLP Foreign Associate Jose Angelo David delivered a lecture on the law of state responsibility for the students of Strathmore Law School, one of the top universities in Nairobi, Kenya. More than 100 students tuned in for the dynamic discussion.

The Asian International Arbitration Centre (“AIAC”) was proud to host 95 teams from 46 countries for the 5th AIAC [Virtual] Pre-Moot (“AIAC Pre-Moot”). The strong participation during this year’s competition, as well as the dedication of over 220 arbitrators taking part in the competition and virtual social events, places the AIAC Pre-Moot in the running to be the largest Pre-Moot in the world.

Counsel Pablo Mori was a guest speaker for the virtual panel: “Double Hatting in Peru? Insights from the Peruvian Arbitration Community.”

He was joined by Alfredo Bullard, Elena Gutiérrez García de Cortázar, Fernando Cantuarias and Catherine Rogers. The issue of double hatting has been framed in the words of Phillippe Sands, “as to whether a lawyer can perform the activity of counsel in the morning arguing a position and then act as arbitrator in the afternoon deciding the same legal issue.”

Representing Guatemala, GST LLP applied to annul an ICSID award on the basis of Bulgarian arbitrator Stanimir Alexandrov’s alleged failure to disclose ties with an expert witness – a year after Spain successfully annulled an award based on similar allegations. The state also argues there are contradictions in the decision and it violates the res judicata of a previous award issued in the same dispute.

IABA’s Mid-Year Council Meeting and International Seminar dedicated to “Constitution and Democracy in the Times of COVID-19: A Way Forward and Effective Protection of Rights,” provided an insightful and timely discussion featuring prominent speakers from around the world, including GST LLP’s Ignacio Torterola. Taking place February 17-19, 2021, the academic event was held virtually and provided a forum to review and improve institutional governance, as well as reflect on the impact of the COVID-19 pandemic.

Venezuela triumphs in Dutch Court of Appeals. A US$240 million claim brought by the members of the García Armas family was rejected based on their dual nationality in Manuel Garcia Armas and others v. Venezuela. According to Partner Ignacio Torterola, the judgment confirms that dual nationals bringing claims against their home state “is alien to international law, including investment law.” GST LLP served as counsel to Venezuela, while The Garcías were represented by Freshfields and Dechamps International Law.

Represented by GST LLP, Guatemala has lodged a counterclaim in a US$350 million DR-CAFTA dispute with third-party funded mining investors, seeking damages for alleged misrepresentation and a failure to meet environmental commitments. The state alleges that when obtaining their license, Kappes and KCA (the investors that hold licenses for the gold and silver mining projects) “omitted key information” in their environmental impact assessment (EIA), which did not meet international standards and failed to show the effect the projects would have on local water resources.

Partner Mauricio Gomm Santos spoke on “Las tendencias actuales en mediación,” at a virtual event organized by the Chartered Institute of Arbitrators (CIArb), branch CIArb-Ecuador, with the support of CIARb-Brazil, ECIJA, USFQ, among others. The two-day event included international expert discussions on current topics related to arbitration and mediation.

The Brazilian arbitration community met to provide a free, high-level course on best practices and techniques for advocacy in complex cases. Partner Mauricio Gomm Santos elaborated on Witness Testimony.

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.

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.

On December 5th, Jose Angelo David spoke about legal education in the Philippines and the practice of international law and arbitration at the “Law School Forum.” Organized by The Ateneo Lex of the Ateneo De Manila University Loyola Schools in the Philippines, the panel was attended by prospective law students. Other speakers included Sorsogon Province Governor Francis Escudero and De La Salle University School of Law Dean Jose Manuel Diokno.

In the first edition of Washington Arbitration Week (WAW), Counsel Pablo Mori moderated a panel entitled “Perspectives of Young Arbitration Practitioners.” Panelists shared useful and interesting insights on how to break into, stay and succeed in the international arbitration world, how to successfully second-chair an arbitration proceeding, how to clerk for an arbitrator and how to keep up with new trends in international arbitration.

The International Centre for Dispute Resolution (ICDR) hosts the Virtual America’s Conference 2020, boasting a world-class faculty. Representing Brazil, Partner Mauricio Gomm Santos was a panelist for “Around the Americas – Rapid-Fire Discussion on Current Developments.” The exciting and quick-moving session covered key legal and practice developments pertaining to jurisdictions in the hemisphere.

On November 24th, Jose Angelo David presented a virtual conference entitled “Arbitration 101: Fundamentals of Domestic and International Arbitration.” He discussed theory, practice, and contemporary issues in domestic and international arbitration. Organized by The Center for Arbitration of the University of Makati School of Law in the Philippines, the event and was attended by Filipino law students and private law firm practitioners.

Law360 reports on Teco Guatemala Holdings LLC v. Republic of Guatemala. Represented by GST LLP, Guatemala filed an emergency motion to nix a freezing order on nearly $16 million being held by Bank of New York Mellon as a Teco Energy subsidiary tries to enforce a $35 million arbitral award. According to GST, “because of Teco’s flawed legal strategy, the funds that were intended to satisfy Guatemala’s bond obligations are currently restrained at [BNY Mellon]. And while Guatemala no longer owns or possesses those funds, the bondholders may very well declare a default on the bonds and cause grave financial consequences for the state.”

Presenting to a group of lawyers, arbitrators, and academics, Domenico Di Pietro and Diego Brian Gosis formed part of an expert panel at the event entitled “When the award is not the end of arbitration,” presented by Florida International University and the Miami International Arbitration Society.

GST LLP was pleased to participate in V Oxford Arbitration Day. Co-organized by the Commercial Law Centre (University of Oxford), the Oxford International Arbitration Society, and the EDUCA Foundation, specialists from all over the world discussed important issues related to international arbitration. Partner Mauricio Gomm Santos interviewed the Honorable Charles N. Brower during the event’s keynote session.

Presenting alongside attorneys from Dechert LLP, Curtis and Shearman & Sterling, GST LLP’s Pablo Mori elaborated on the webinar’s theme, “Perfect Strangers: Underutilized Methods for Investment Arbitrations.” Conducted in Spanish, the panel discussion drew an international crowd of lawyers, arbitrators and law students, and was broadcast online.

From climate change to civil rights and recovery from the pandemic, the world is experiencing an array of crises, all of which may require progressive solutions. In a presentation entitled, “Can Investment Treaties Pursue Progressive Goals?”, GST LLP’s Quinn Smith invited students to think critically about politics in investment treaties and what role, if any, progressive reforms can play.

GST LLP’s Mauricio Gomm Santos authored a proposal for Enunciado regarding Arbitration within Public Administration at the First Administrative Law Meeting (Jornada), hosted by the Council for Federal Justice, Brasilia, DF.

Partners Ignacio Torterola and Diego Brian Gosis presented an executive training at the Columbia Center on Sustainable Investment, a think tank at Columbia Law School, designed to create awareness and capacity-building among government officials to negotiate international investment treaties and defend investment disputes. Their presentation focused on jurisdictional defenses in international investment law.

GST LLP’s Mauricio Gomm Santos spoke to the nuances of utilizing and maximizing technology in this webinar, hosted by Arbitraje Alumni, entitled ”Effective Persuasion in Virtual Hearings: Challenges and Tools: Perspective from the Arbitrator.”

Gleaned from his 30 years of experience, GST LLP Partner Mauricio Gomm Santos provided unique insights pertaining to “Thoughts About the Future of Conflict Management & Resolution.” The webinar was hosted by Camara De Arbitragem, Mediação & Conciliação do Centro Das Indústrias do Rio Grande Do Sul (CAMERS); Brasilia.

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.

GST LLP’s Mauricio Gomm Santos was e-interviewed and provided insights related to industry developments as a result of COVID-19. The thought leadership discussion, entitled “A Dialogue Between Mediation and Arbitration: When And How Domestic And International Experiences Can Help In A Post Covid-19 Scenario,” was hosted by the Institute for Certification and Formation of Portuguese Speaking Mediators (ICFML).

GST LLP’s Mauricio Gomm Santos was part of an expert panel discussing “Arbitration in Brazil 2020: Insights from International and Local Practitioners.” The webinar was hosted by CIArb Brazil Branch in conjunction with NYIAC and Baker McKenzie.

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.

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.”

GST LLP’s Mauricio Gomm Santos presented on the ”Current Challenges of International Arbitration,” in a webinar hosted by Canal Arbitragem.

GST LLP promotes two international arbitration attorneys to Counsel; Katherine Sanoja, who is a US-UK citizen of Venezuelan heritage, and Peruvian Pablo Mori Bregante. The practitioners have been involved in numerous high-profile investment disputes representing two of GST’s key clients, Venezuela and Pakistan.

Hosted by the New York State Bar Association and New York Arbitration Center, the ”Global perspectives for a Challenging ADR landscape: 2020 and Beyond” seminar included leading experts from around the world. GST LLP’s Mauricio Gomm Santos was a featured speaker and elaborated on The Latin America perspective: Argentina, Brazil, Colombia, Mexico and Peru.”

CityBizList reports on a round of promotions at GST LLP; Katherine Sanoja and Pablo Mori have been promoted from Associate to Counsel, and Gary Shaw to Senior Associate.

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.

Titled “CIARb and ICC Recommendations Regarding Arbitration And Mediation Remote Proceedings: A Comparative Approach,” Partner Mauricio Gomm Santos presented recommendations and solutions for conflict resolution in this webinar hosted by CIArb Brazil Branch. Attended by arbitrators, lawyers, and mediators, the seminar was conducted in Portuguese and can be viewed on Youtube.

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.

The Commercial Court in London has requested further details pertaining to a partial ICC award won by an Australian mining venture against Pakistan as corruption allegations continue to be invoked. Christopher Hancock QC of Twenty Essex chamber appeared on behalf of Balochistan, while GST LLP acted for the provincial government there and as co-counsel for Pakistan.

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’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 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.

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.

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 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.

From maritime contracts to maritime arbitration, GST LLP’s Mauricio Gomm Santos joined an expert panel comprised of lawyers and arbitrators at the ”The Lawyer in the Maritime Arbitration” seminar hosted by the CIArb, Brazilian Branch. The topic, Evidence in the Arbitral Process: Differences between Common law and Civil Law.

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.)

The dual Venezuelan-Spanish nationality of claimants compelled an UNCITRAL tribunal to decline jurisdiction. GST LLP partners Ignacio Torterola and Diego Gosis noted that the decision, the third rejecting a claim of double nationals is “fundamental”, and that it provides “useful guidance” on obtaining dispute resolution.

Venezuelan opposition leader Juan Guaidó has failed to persuade a US court to stay the enforcement of an ICSID award worth over US$400 million – after the court said it “may take years” to stabilize the country and transition to another political regime. Lawyers from Curtis Mallet-Prevost Colt & Mosle are acting on behalf of Guaidó; Venezuelan President Nicolás Maduro is represented by GST LLP.

Pakistan, represented by GST LLP, negotiates a settlement with a Turkish energy company which will avoid their paying any part of an ICSID award worth US$1 billion.

GST LLP is pleased with an apparent settlement and termination of litigation between Pakistan and Turkey achieved by the two governments over a dispute regarding the lease of floating power plants by Turkish company Karkey to Pakistan during an energy crisis in 2006

Pakistan, represented by GST LLP, negotiates a settlement with a Turkish energy company which will avoid their paying any part of an ICSID award worth US$1 billion.

GST LLP Partners Quinn Smith, Ignacio Torterola and Diego Gosis report that they are pleased with the “amicable resolution” of a dispute between Pakistan, their client, and Turkish energy company Karkey Karadeniz Elektrik Uretim AS over their corrupt dealings to obtain a contract for a barge-mounted rental energy project in Karachi.

Partner Mauricio Gomm Santos was invited to present at the 3rd International Mediation Congress “Mediation Without Borders: The Singapore Convention,” hosted by Grupo de Estudos de Mediação Empresarial Privada (GEMEP) and the Mediation Group of The Brazilian Arbitration Committee (CBAr), Sao Paulo, Brazil.

GST LLP will defend Pakistan in an enforcement action against mining company Tethyan. An ICSID tribunal had orginally found that Pakistan unlawfully denied Tethyan a lease to mine copper and gold in Pakistan, but Pakistan alleges bribery and corruption of officials.

Quinn Smith of GST LLP argues that appointments to the board of Citgo made by temporary or interim President of Venezuela Juan Guiado are not legitimate.

GST LLP’s Quinn Smith and Katherine Sanoja are acting as attorneys for Venezuela as US glassmaker Owens Illinois moved against it to collect on US$500 million awarded in 2015.

Quinn Smith of GST LLP agrees with move by US District court to pause litigation filed by a Turkish energy company against Pakistan, so that a World Bank arbitral institution considers allegations of corruption, namely a scheme to influence the award of the contract.

As a Delaware-based Chancery Court hears arguments, Quinn Smith of GST LLP asserts that the letter of Venezuelan law states that only the President of Venezuela has the right to name board members to Citgo in that country. He said, “Reading powers outside the text in dangerous. That word [interim] is crucial.”

Quinn Smith of GST LLP defends Venezuela’s Ministry of Defense in a matter involving an award in favor of shipbuilder Huntington Iingalls because the tribunal did not comply with the terms of the agreement specifying that arbitration take place in Venezuela. The dispute dates back to a 1997 deal for Huntington Ingalls to modernize two warships for Venezuela’s navy.

A US court in Washington, DC has refused to enforce US shipbuilder Huntington Ingalls US$129 million award against Venezuela’s ministry of defense in a 17-year dispute over a contract to upgrade two missile-armed navy frigates. The Virginia based Huntington Ingalls had previously asked a federal court in Mississippi to retain jurisdiction in the case. GST LLP’s Quinn Smith, representing the ministry, was pleased with the ruling to dismiss.

A Washington DC Federal court judge ruled that an earlier Mississipi district court retains jurisdiction over a dispute involving US shipbuilder Huntington Ingalls and Venezuela’s Ministry of Defence. Quinn Smith of GST LLP approved of the judge’s decision to “…dismiss the case, without ordering its transfer.”

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.

A tribunal has declared that Clorox España is disqualified from seeking damages against Venezuela, due to the fact that it is a shell company created to take advantage of a bilateral investment treaty (BIT) in place between Spain and Venezuela. The Clorox company owned its Venezuelan investments through an American subsidiary, explained GST LLP Partner Diego Gosis. He applauded the ruling, saying the decision confirms the long-standing view in international law that “to access the protections granted by the investment arbitration system, a meaningful, qualified investment must actually have been made.”

An UNCITRAL tribunal in Geneva has declined jurisdiction over a US $185 million investment treaty against Venezuela brought by a Spanish subsidiary of US cleaning products group Clorox. It found that Clorox España did not have a protected investment under the Spain-Venezueal bilateral investment treaty. GST LLP partner Ignacio Torterola tells GAR: “The tribunal has affirmed the rule in investment arbitration that a transfer of shares without consideration is not a protected investment.”

UNCITRAL declines jurisdiction over an investment treaty claim against Venezuela. GST LLP Partner Ignacio Torterola acknowledges the fairness of the outcome, citing that Clorox España’s transfer of shares is not a protected investment in its Venezuelan subsidiary.

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.”

GST attorneys for the Maduro government Quinn Smith and Katherine Sanoja rejected the suggestion by opposition leader Guaido’s attorneys that a summary judgment be issued due to “The fundamental disagreement over who has the authority to represent Venezuela.” They further explained that parallel arbitration proceedings by Owen Illinois subsidiaries are underway for the same alleged misdeeds, further complicating the matter.

A US court said “limited” discovery was warranted in support of a pending investigation by anti-corruption authorities in Pakistan. The court ordered Arnold & Porter to answer a number of “basic questions” posed by Pakistan about the material within 30 days. Pakistan sought the material in aid of its efforts to overturn an US$850 million ICSID award issued in 2017 by a tribunal composed of Yves Derains of France, Horacio Grigera Naón of Argentina and David Edward QC of the UK.

A Washington DC federal judge granted Pakistan’s request for interrogatories related to its allegations of corruption by Turkish energy company Karkey.

Global Arbitration Review 100 reports on GST’s recent activities, which include the defense of Venezuela concerning claims by US shipbuilder Huntington Ingalls, Luis Garcia Armas food distribution business, a Caribbean oil services company and a Spanish agricultural conglomerate. GST is also defending Venezuela by seeking annulments of awards to the US based Koch Brothers and steelmaker Tenaris, while responding to actions by creditors in United States Courts.

Maduro-selected attorneys Quinn Smith, Diego Gosis and Katherine Sanoja of GST LLP assert that attorneys for opposition leader Juan Guaido never received permission from the Washington DC court to substitute as counsel for Venezuela, and that GST LLP never consented to such a substitution. This is one instance of an ongoing power struggle between the two Venezuelan leaders before several US courts over which government has the right to appear in litigation filed against the crisis-stricken nation.

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.

Pakistan, represented by GST LLP attorneys Quinn Smith, Gary Shaw and Derek Womack, argues that Turkish energy company Karkey’s bid to confirm a prior award should be denied, that it had not been properly served, that the court lacked jurisdiction under the Foreign Sovereign Immunities Act, and importantly, that the award is suspect, as the tribunal did not permit access to evidence demonstrating corruption by Karkey.

Pakistan’s attempts to unseat members of an ICSID tribunal for their conflicts of interest regarding a dispute over mining in Pakistan filed in 2012. Ignacio Torterola of GST LLP in Washington, D.C., counsel for Pakistan, expressed that “Pakistan’s only hope was to have an independent and impartial tribunal in a case as important as this one, in which the future of an underdeveloped part of the world is at stake.”

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.  

An ICC tribunal has allowed India’s Jindal Steel & Power company’s claim to proceed against a Bolivian state-owned mining entity while discarding claims against the state itself and another state-owned entity. Ultimately, the tribunal allowed contractual claims against state-owned Empresa Siderúrigica del Mutún (ESM) to proceed, with GST LLP as counsel.

Domenico Di Pietro spoke at the UNCITRAL Congress in honor of the organization’s 60th anniversary. His lecture was on the New York Convention. The event took place in Kiev, Ukraine.

GST LLP argues that Pakistan was deprived of its due process in proceedings awarding Turkish energy company Karkey an award of nearly US$846 million. They assert that documents proving corruption were refused consideration by the ICSID tribunal.

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.”

A tribunal hearing BIT claims against Venezuela has ordered the third-party funded claimants to post US$1.5 million in security for costs – only the second known time such an order has been made in an investment arbitration. In support of this measure, GST LLP Partner Ignacio Torterola representing Venezuela tells GAR: “States should not be perceived as the ones footing the bill in investment arbitration, especially in cases that do not belong before the jurisdiction of international tribunals, as those brought by dual nationals with the dominant nationality of the State party in the dispute. Those cases belong to the municipal law.”

In arguments on behalf of the Ministry of Defense of Venezuela, GST LLP attorneys claim that a US federal court lacks subject-matter jurisdiction because the contract at issue is military, rather than commercial in nature, and treaties invoked by US shipbuilder Huntington Ingalls apply to commercial matters. They also declared that an award in favor of Hungtington Ingalls is unenforceable due to arbitrations occurring in venues other than Venezuela, which had been stipulated in the parties’ arbitration agreement.

Quinn Smith, representing the Ministry of Defense of Venezuela asserted that the ICSID tribunal abandoned the terms of the contract between Venezuela and US shipbuilder Huntington Ingalls by sending arbitration to Rio, and then further erroroneously refering to arbitration having taken place in Washington, DC. He stated, “We trust that the court will agree that the arbitral tribunal did not apply the will of the parties.”

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.

GST LLP’s Diego Gosis represents Bolivia who has agreed to pay US $42.6 million to satisfy an ICSID award in favor of Chilean mining company Quiborax and its Bolivian subsidiary, a significant savings on the original US $151 million sought.

Global Arbitration Review 100 provides an organizational history of GST LLP, originally established by Quinn Smith and Mauricio Gomm Santos in 2009 and currently operating in Miami, New York and Washington, DC. Outlining the arrival of key counsels Diego Gosis and Ignacio Torterola, the article lists State governments, manufacturing firms, mining companies and investment banks that have utilized GST LLP services.

Huntington Ingalls, a subsidiary of US defense contractor Northrop Grumman has won nearly US$129 million in arbitration with Venezuela’s defense ministry over repair and upgrade of naval frigates. Filings and counter-filings have appeared since this dispute began over 15 years ago, amid deteriorating US-Venezuela relations. Quinn Smith of GST LLP, handling the matter in US courts, confirms that the tribunal “accepted some of Huntington’s claims, while rejecting others, and admitted the ministry’s counterclaim.”

Diego Gosis of GST LLP, also working with Guglielmino & Asociados, questions the impartiality of an ICSID ad hoc committee member after he made derisive references to Venezuela. Venezuela requested that committee member Alvaro Castellanos Howell be removed while the committee is deciding whether to revive or annul a claim by Blue Bank International of Barbados against Venezuela.

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.

A Bilateral Investment Treaty panel orders Spanish-Venezuelan family Garcia Armas to demonstrate financial solvency should they be required to pay costs in their case against Venezuela. Diego Gosis, partner at GST LLP in Miami and counsel to Venezuela, approves, saying that claimants can no longer enjoy a “free ride” by bringing “speculative” investment treaty claims without risk of liability if they lose.” His colleague Ignacio Torterola agrees, stating “States have the right to protect themselves against frivolous claims and to provide for the expenses incurred in defending those claims.”

Responding to several actions by glassmaker Owens-Illinois subsidiary OIEG to pursue an award from Venezuela in multiple arbitration jurisdictions, US District Court Judge Amy Berman Jackson ordered that the matter be stayed, pending regular review. Quinn Smith of GST LLP, representing Venezuela, reports that OIEG has launched two separate arbitrations, and that he believes a dismissal is the right course.

Washington DC federal judge Amy Berman Jackson paused a glassmaker’s petition to enforce a $500 million arbitration award issued against Venezuela for expropriating two production plants. GST LLP partner Quinn Smith noted that several arbitrations launched by OEIG regarding the same asset ought to warrant dismissal, but he was pleased with the judge’s order to stay.

Failure to disclose conflicts of interest have led to a bid by Pakistan to disqualify all three members of an ICSID tribunal from hearing a claim brought by Tethyan Copper Company. GST LLP shares that it has documentation indicating that Bulgarian arbitrator Stanimir Alexandrov provided expert services in which a particular cash flow valuation calculation method was used.

An ICSID tribunal rejected a claim brought against Veneuela by an investor in a BMW and MiniCooper import business. Diego Gosis, for Guglielmino & Asociados in Buenos Aires and GST LLP in Miami notes a “…consistent pattern that dismisses claims by fake foreign investors – in this case, a known Venezuelan impresario intending to sue Venezuela under the guise of a Barbadian investor”. He adds that “tribunals have rejected jurisdiction in the last three ICSID cases against Venezuela where awards were issued: Blue Bank, Favianca and now Transban.”

An ICSID tribunal has ruled it has no jurisdiction to hear a bottlemaker’s billion-dollar claim against Venezuela because it was filed after the state gave notice of its denunciation of the ICSID Convention nearly six years ago. Diego Gosis, of Guglielmino & Asociados in Buenos Aires and GST LLP in Miami, comments “We feel that the award reaches a good and solid decision on the issue of the form and effect of denunciation of treaties in general and of the ICSID convention in particular.”

Diego Gosis of GST LLP applauded the ICSID tribunal’s finding of lack of jurisdiction in an arbitration against Venezuela over its expropriation of glass production plants, saying that “The case was in many ways a speculative attack against the rule of law.”

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.

Pakistan has retained GST LLP in its application to annul an ICSID award ordering it to pay $800 million – one of the highest damages sums in the center’s history – for detaining power generation vessels used during a power crisis in Karachi. GST LLP’s Ignacio Torterola reports that the award, in favor of a Turkish company who leased the vessels “is as flawed as it gets,” failing to offer reasons for the damages which include ordering payment of interest relating to a matter occurring two years later.

Regarding an $800 million award that the ICSID issued to Turkish energy firm Karkey against Pakistan, GST LLP attorneys were quoted saying they have “never seen an award with flaws that are so numerous.” They immediately filed a petition to annul, with Gosis stating further “Arbitrators failed to apply the applicable law, exceeded their jurisdiction and decided on things not at issue resulting in inflated damages.”

Venezuela’s Ministry of Defense told a New York federal judge Friday that Canadian mining company Crystallex can’t seize funds from a Bank of New York Mellon account, arguing that the money belongs entirely to another company. Quinn Smith of GST LLP, counsel for Venezuela, further elucidated that the move by Crystallex to establish a New York judgment against the Ministry goes against “the trust and its language that states’ assets are immune under US and customary international law.”

After discovering that glassmaker OIEG concealed the fact that it sold the right to enforce a US$500 million award to an unnamed Irish investment fund, GST LLP attorneys are quoted as saying that the company is essentially foisting “…a flawed award on this court that takes advantage of an arbitrator’s misconduct, continues to exploit a weakness of the investment arbitration system and conceals the owner of the award and true party in interest.” Quinn Smith noted the “significant doubts” arising and further suggested that it wasn’t even clear whether the sale of the award actually took place. Law360 notes the “stiff opposition” mounted by GST LLP which asserted that federal law prohibits arbitral awards being granted in the proceedings in NY and that OIEG had also brought a parallel complaint in DC.

The sale of an award against Venezuela by glassmaker OIEG to an undisclosed third party is “problematic” according to Diego Gosis of GST LLP. He explains that any conflicts of interest are also unable to be confirmed, and that “article 27 of the ICSID convention states that no contracting state shall provide diplomatic protection to its nationals in relations to ongoing proceedings.”

The bid to disqualify an arbitrator who Pakistan alleges has a conflict of interest in deciding a dispute with Tethyan Copper Company will go to an outside arbitral institution for an opinion. GST LLP partner Diego Gosis submitted on behalf of Pakistan that an arbitrator appointed by Tethyan uses the same experts and methods of valuation used by that company and would have an interest in defending their validity.

As an ICSID claim moves to the damages phase, Pakistan has applied to disqualify a Bulgarian arbitrator because the claimants are relying on a rare valuation method involved in another case where the arbitrator is acting as counsel. Diego Gosis, a partner at GST LLP in Miami, states that “The thrust of Pakistan’s concern lies with the stance adopted by the arbitrator – that he felt no disclosures were necessary even in the face of outrageous conflicts of interests.”

Relative to a multibillion-dollar mining rights claim over a valuation process in which Pakistan has requested disqualification by a Bulgarian arbitrator, GST LLP Partner Diego Gosis explains Pakistan’s concerns that the arbitrator refused to disclose “outrageous conflicts of interests.” A particular “modern” discounted cash-flow analysis has been applied which predicts inflated damages.

GST LLP Partners Diego Gosis and Ignacio Torterola welcome the enforcement of security costs to protect against frivolous claims appearing before tribunals after two investment treaty cases against Venezuela were ordered to prove they have sufficient assets to pay costs if they lose. The García Armas family are pursuing UNCITRAL and ICSID under the Spain-Venezuela BIT over the expropriation of their food distribution businesses.

Diego Gosis confirmed on behalf of his client, Pakistan, that there exists a single publicly available case in a claim against Peru by a Canadian mining company in which aritral committee member Alexandrov relies on a “very peculiar” form of discounted cash flow-based valuation to quantify damages. This method is proposed by the Canadian claimants Tethyan in its current proceeding against Pakistan. He stated “The fact that some arbitrators are making the same arguments as counsel that they are accepting to decide on as arbitrators is very problematic in this sense, and any failure to make all necessary disclosures of those overlaps puts the feasibility of the entire system at risk.”

In response to Venezuela’s fourth dismissal in an effort to unseat an arbitrator involved in a dispute by US glassmaker Owens Illinois, GST LLP attorney Diego Gosis responded that the standard set in this dismissal would “make challenging conflicted arbitrators virtually impossible, and departs from established rules and principles in international arbitration.”

A tribunal acknowledges a “factual error” regarding the status of litigation under the Dominican Republic-Central America Free Trade Agreement in a dispute brought by American party Berkowitz against Costa Rican expropriation of real estate there. Unknown to the tribunal, the Costa Rican courts had in fact ruled in the case, ordering that the Berkowitzes be compensated up to an amount far exceeding the state’s offer. But the State has attempted to appeal the decision in a way the family says continues the alleged breach of DR-CAFTA. Diego Gosis of GST LLP, on behalf of the Berkowitz family, asserts that the arbitration should be discontinued.

An ICSID tribunal acknowledged that it made an error by previously deciding that it lacked authority to rule on claims made by US real estate investors in Costa Rica. “The tribunal applied an improper test using erroneous information. Correcting the information does not cure the improper test,” states GST LLP partner Diego Gosis. Attorneys for Costa Rica have asked the tribunal to terminate proceedings.

Kellie Portie, part of the University of Miami Law’s International Moot Court team which advanced to the semifinal rounds and won two Honorable Mention awards at Moot Madrid 2017, an international commercial arbitration competition that is conducted entirely in Spanish. Miami Law’s team also won an honorable mention for the claimant’s brief. …

High-Level Spanish Skills Pay Off in Moot Madrid – Best Oralist Honorable Mention WinRead More »

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.

OIEG case against Venezuela stymied by GST LLP’s claim that federal law prohibits arbitral awards from being granted in New York federal court proceedings. Quinn Smith of GST LLP noted that his firm will represent Venezuela in actions taking place in Washington DC where it is relevant.

The risk of conflicting decisions and/or double recovery rendering any award by a NY federal court unenforceable is cited by GST LLP attorneys representing Venezuela, who faces glassmaker Owens Illinois there.

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 of Smith International Legal Consultants in Miami (now GST LLP) expressed pleasure with the result of arbitration regarding construction and delivery of a power plant by US engineer Bechtel to Brazil. He stated that his clients, Brazilian power associations “rely on complex, turn-key contracts with similar provisions across the sector. Defining ’substantial completion’ to include mechanical completion and final testing gives certainty to the power producers and fulfils the intentions of the contract.”

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.