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.
Diego Brian Gosis has acted as counsel or arbitrator in numerous international disputes, serving as Of Counsel to the Treasury Department of the Republic of Argentina where he participated in dozens of cases resulting from the 2001 crisis in Argentina. His experience includes cases under the rules of the ICC, ICDR, UNCITRAL, and ICSID in matters disputed in Spanish, English, and Portuguese. He has appeared as an expert or counsel before courts in various jurisdictions.
Mr. Gosis has extensive experience in transactional matters, including large scale mergers and acquisitions in Europe and the Americas, complex financing and development activities in numerous industries, and advising public and private companies and individuals in matters related to commercial, administrative, and international law.
Mr. Gosis is a Member of the ICC’s Latin American Group, the Institute of World Business Law, and Commission on Arbitration and ADR. He is also a Member of ICCA and the Joint Task Force with Queen Mary University on Third Party Funding, among other initiatives. Mr. Gosis was a Regional Representative for Latin America for the ICC-YAF from 2011 to 2014 and a Member of the Advisory Board of the FDI Moot. He is a frequent speaker at congresses, seminars, and other events organized by universities and professional organizations in the Americas and Europe related to commercial and investment arbitration and has coached the moot team for more than 10 years from the University of Buenos Aires. He has published numerous articles in journals on various continents. For years, he has been included in rankings of Latin American specialists in international arbitration by Legal 500, Chambers, Who’s Who, and Global Arbitration Review.
Mr. Gosis is a Florida Foreign Legal Consultant. He is not authorized to practice law in Florida.
Highlighted Cases
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International Arbitration
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International Litigation
Highlighted Publications
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Book Chapter
Author, “Indirect Expropriation", 2017, International Economic Law Encyclopedia (K. Nadakavukaren, Ed.).
Co-Author, “El Vuelo de Ícaro: ¿Pueden Elevarse las Inversiones Financieras al Status de Inversiones Protegidas?”, 2013, Pasado, Presente y Futuro del Arbitraje Internacional, book honoring Yves Derains and Bernardo Cremades from the Instituto Peruano de Arbitraje.
Co-Author, “Argentina” in Latin America Investment Protections, 2012.
Co-author, The Arbitration Review of the Americas 2021, Chapter: "Concession Contracts in Times of Crisis". Co-authors Quinn Smith, Diego Brian Gosis, and Ignacio Torterola, 2020.
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Journal Article
Co-Author, “The Guide to Infrastructure and Energy Investment” 3rd ed., 2018, Latin Lawyer.
Author, “Lessons on Damages: Minutes of the OGEMID Virtual Symposium on Damages in Investment Arbitration”, 2018, Transnational Dispute Management.
Co-Author, “Lessons on Damages: Minutes of the OGEMID Virtual Symposium on Damages in Investment Arbitration”, 2018, Transnational Dispute Management.
Co-Author, “Investment Treaty Arbitration”, 2016, Latin Lawyer Guide to Infrastructure and Energy Investment.
Co-Author, “Sanciones en el Arbitraje Internacional”, vol. 13, p. 92, 2015, Derecho y Ciencias Sociales.
Co-Author, “Salir de Pesca, Sólo en Vacaciones: La Base Adecuada para Laudos sobre Daños”, 2014, Revista de Arbitraje de la Pontificia Universidad Católica de Perú No. 4.
Co-Author, “Addressing and Redressing Errors in ICSID Arbitration”, 2014, Transnational Dispute Management.
Co-Author, Discovery y Discovery en la Litigación y el Arbitraje Internacional., 2013, Buenos Aires Arbitration Review.
Co-Author, “Investment Arbitration in Argentina”, 2012, Investment Arbitration in Latin America.
Co-Author, “Investment Claims by Sovereigns”, vol. 16, no. 1, p. 165, 2011, Arbitration News, (Journal of the International Bar Association Legal Practice Division).
Co-Author, “Comparing Commercial and Investment Arbitration”, vol. 28, no. 1, 2011, International Litigation (Journal of the Section of Litigation of the International Litigation Committee of the American Bar Association).
Co-Author, The 2010 UNCITRAL Arbitration Rules: “Language of the Proceedings; Pleas as to the Jurisdiction of the Arbitral Tribunal”, comments to Arts. 23 (co-author, with Eduardo Gonçalves) and Art. 19, 2011, Comentario a las Reglas de Arbitraje CNUDMI (P. Perales Viscasillas – I. Torterola, Eds.).
Co-Author, “Responsabilidad del Estado bajo los Tratados Bilaterales de Inversión”, vol. 2010-3, p. 371, 2010, Revista de Derecho de Daños (Ed. Rubinzal-Culzoni).
Author, “Most-Favored Nation Treatment as a Standard of State Conduct” Presented at the Association International pour l’Arbitrage Conference., 2010, Contemporary Topics in Investment Arbitration.
Co-Author, “Cesión y Nacionalidad en el Arbitraje de Inversión”, p. 37, 2010, Revista Ecuatoriana de Arbitraje.
Co-Author, “Procedimientos Arbitrales Bilingües”, vol. 6, p. 85, 2009, Spain Arbitration Review.
Related News
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.
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.
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.
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.
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.
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 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.”
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.
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.
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.
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.
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.)
Rankings
Who's Who Legal
Global Leader - Arbitration
2020
