Tethyan Copper Company Pty Ltd. v. Government of Balochistan, Representing Balochistan in a case brought by a joint venture owned by Barrick Gold and Antofagasta Minerals regarding alleged breach of contract in denial of a mining lease.
Koch Minerals Sarl and Koch Nitrogen International Sarl v. Bolivarian Republic of Venezuela, Counsel to Venezuela in an annulment proceeding in a dispute that arose out of the alleged expropriation of the interests of the investor in a nitrogen-based fertilizer producer company.
Jindal Steel Bolivia S.A. v. Empresa Siderurgica del Mutun, Represented a Bolivian instrumentality and the State in a dispute in two related ICC arbitrations with an Indian mining company regarding rights related to a mining concession in Bolivia. After successfully defending the instrumentality's decision to execute one of the guarantees, we advised on the successful set aside of the portion of the award that invalidated the execution of the other guarantee.
Tethyan Copper Company Pty Ltd. v. Pakistan, Counsel to Pakistan in a claim brought by a joint venture owned by Barrick Gold and Antofagasta Minerals regarding the denial of a mining lease application in Pakistan.
Karkey Karadeniz Elektrik Uretim A.S. v. Pakistan, Counsel to Pakistan in annulment, revision, and enforcement proceedings related to one of the largest ICSID awards. After filing the first, successful second request for revision, the case settled with Pakistan paying no monetary compensation. The result saved Pakistan over USD 1.2 billion. We also achieved a stay of enforcement in the US courts, despite the ad-hoc Committee lifting the stay of enforcement, as well as discovery from the claimant's law firm pursuant to section 1782.
PDVSA Servicios S.A. v. Petrosaudi International Ltd., Counsel to an affiliate of the Venezuelan State-owned hydrocarbons company regarding a claim for damages related to the repair, maintenance, and operation of an offshore gas drilling rig.
Manuel Garcia Armas, et al. v. Bolivarian Republic of Venezuela, Represented Venezuela in proceedings regarding an alleged Spanish investment in the food sector in Venezuela. We obtained one of the first orders for a funded claimant to post a security for costs. The Tribunal later dismissed the claims in their entirety.
Saint Patrick Properties Corporation v. Bolivarian Republic of Venezuela, Representing Venezuela in a dispute arising out of the alleged nationalization of companies that provided oil support services.
Luis Garcia Armas, et al. v. Bolivarian Republic of Venezuela, Represented Venezuela in proceedings regarding an alleged Spanish investment in the food sector in Venezuela. We obtained one of the first orders for a funded claimant to post a security for costs.
Tenaris and Talta v. Bolivarian Republic of Venezuela (Tenaris I), Counsel to Venezuela in the annulment portion of the case, which involved the expropriation of a iron-processing facility in Venezuela.
In re Bandagro Bonds Litigation, Representing Venezuela in relation to the attempted enforcement of certain fraudulent bonds. We prevailed on a request for the bonds to be destroyed as fraudulent, leading to a multi-billion dollar savings for our client.
Author, “Book Review García Rubio’s On the Application of Customary rules of State Responsibility by WTO Dispute Resolution Organs”, 2004, Revista del Servicio Exterior.
Author, Nuevo Reglamento de Arbitraje de la CNUDMI, 2011, Nuevo Reglamento de Arbitraje de la CNUDMI.
Co-Author, “Argentina” in Latin America Investment Protections, 2012.
Author, “Cámaras Arbitrales de Cereales”, 1996, Revista del Derecho Agrario Argentino.
Author, “Joint Ventures Contractuales y Societarias”, 1997, Revista del Derecho Comercial y de las Obligaciones: Edit. Depalma.
Author, “La Saga Continua: Comentario a las Decisiones Arbitrales en los Casos Continental C. Republica Argentina y TSA C. Republica Argentina”, 2008, Revista Arbitral Punto Medio.
Author, “Notes on the Stay of Enforcement in ICSID Arbitration”, 2009, Transnational Dispute Management.
Author, “To Risk or Not to Risk? The State’s Perspective of Investor-State Dispute Resolution at the 20th Anniversary of ICSID”, 2009, Georgetown Journal of Law and Risk Management.
Author, “The Transparency Requirement in the New UNCITRAL Arbitration Rules: A Premonitory View”, vol. 1, no. 1, 2010, International Treaty News.
Author, “Los Institutos de la Emergencia en el Derecho Internacional y el Estado Argentino”, 2010, Revista Internacional del Arbitraje.
Author, “Lawyers and Arbitrators ́ Conflicts of Interest: A State Lawyer Perspective”, 2011, Paris Journal of International Arbitration.
Author, “Multi-Tiered Investment Arbitration Clauses in Tratado de Derecho Arbitral”, 2011, Tomo I. Instituto Peruano del Arbitraje – Universidad Javeriana de Colombia.
Co-Author, “Investment Arbitration in Argentina”, 2012, Investment Arbitration in Latin America.
Editor, “The New ICC Arbitration Rules in Cases Involving States and State Entities”, 2012, Center for America and International Law.
Editor, “Tdm Latin America Special”, 2016, Transnational Dispute Management.
Co-Author, “Investment Treaty Arbitration”, 2016, Latin Lawyer Guide to Infrastructure and Energy Investment.
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.
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.
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.
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.
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.
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.
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.
Areas of Practice
Memberships & Associations
Universidad Nacional del Litoral, master’s degree
Università di Pisa, LL.M.
Instituto del Servicio Exterior de la Nación (ISEN) Argentina, master’s degree
Cornell University, LL.M.
World Trade Organization Institute, diploma