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.”

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.

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 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.

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

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.

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.