Confidential, Represented a Brazilian wind power company in a dispute with a Dutch company regarding transfer of technology and related proceedings where we successfully halted the execution on a letter of credit in Switzerland.
Confidential, Represented a Brazilian purchaser of debt in a Portuguese-language arbitration brought by a large Brazilian bank regarding claims under the purchase and sale agreement, administered by the ICC, amounts confidential.
Triangulo Pisos e Paineis, Ltda. v. BR-111 Imports & Exports, Inc., Representation of a hardwood flooring manufacturer in a dispute with its distributor regarding unpaid invoices, warranty claims, and ownership of a trademark. We prevailed in the arbitration then successfully confirmed the award in a decision that recognized the absence of a motion to vacate under the Panama Convention. Later, we successfully pierced the corporate veil and held one successor entity liable, as well as one of the two shareholders.
Eco Tech Engenharia Ltda. v. Pothole Killers, LLC, Represented Brazilian lessee of heavy equipment in a dispute regarding a leasing contract. In related court proceedings, we successfully argued that interim awards are subject to the New York and Panama Conventions, one of the first such decisions.
Contributor, “Obrigaçoes do Vendedor – Entrega de Mercadorias e Remessa de Documentos” en Comentários à Convenção de Viena Sobre Contratos de Compra e Venda Internacional de Mercadorias., Arts. 30 and 34, p. 69-84, 2016, CISG.
”Conflict Management in the Agribusiness Sector.” Webinar hosted by the Center for Applied Social Studies of the Master Program of the State University of Londrina; Londrina, PR.
Author of 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.
”Thoughts About the Future of Conflict Management And Resolution.” Webinar hosted by Camara De Arbitragem, Mediação & Conciliação do Centro Das Indústrias do Rio Grande Do Sul (CAMERS); Brasilia.
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.
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.
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.
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.
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.
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.
Areas of Practice
Chairman of Arbitral Tribunals
Memberships & Associations
University of Miami School of Law, International Comparative Law (Arbitration), LL.M.
Queen Mary and Westfield College, University of London, International Private Law (Arbitration), LL.M., cum laude
Paraná Federal University, School of Law, Specialization Private Law
Paraná Federal University, School of Law, Curitiba, Brazil, J.D.