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.
Quinn Smith is GST LLP Managing Partner based in the firm’s Miami office. He has appeared as counsel and arbitrator before more than 45 arbitral tribunals and ad-hoc committees under the rules of the ICC, ICDR, ICSID, UNCITRAL and others. The vast majority of these claims involved amounts over USD 100 million. He has advised clients in Asia, Europe, South and Central America, Africa and the United States on a broad range of international disputes totaling over 10 billion USD.
Smith maintains an active practice in state and federal courts in the United States as lead counsel in cases from New York to California. He was lead counsel in the first cases staying the enforcement of ICSID awards, despite ad-hoc committees having permitted enforcement. Other areas in which he has acted as counsel include issues of foreign relations law, international private law, numerous treaties, the Foreign Sovereign Immunities Act and innovative applications of 28 USC 1782 regarding assistance to foreign and international tribunals and to litigants before such tribunals.
Significant cases in which he has played a role include a dispute for more than USD 8.5 billion brought against Pakistan regarding a failed mining project, an ad-hoc arbitration regarding a claim of USD 500 million in damages related to the repair, maintenance and operation of an offshore drilling rig, a USD 5 billion claim regarding an agri-business venture and an ICSID revision and annulment proceeding related to a USD 1.2 billion claim against Pakistan.
Recipient of the Emerging Philanthropist Award presented by The Miami Foundation, Smith is a recognized community leader. His board appointments include the Community Justice Project, Opa-locka Community Development Corporation and O, Miami Poetry Festival. Smith is an in-demand speaker and author of over two dozen publications related to international disputes. He is a member of Miami International Arbitration Society, Court of Arbitration for Art (CAfA), International Chamber of Commerce Young Arbitrators Forum (ICC-YAF) and ICDR Young & International (ICDR-Y&I).
Highlighted Cases
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International Arbitration
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International Litigation
Highlighted Publications
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Book Chapter
Contributor, The Res Judicata Effect of International Arbitration Awards, 2017, International Arbitration in the United States, Kluwer Law International.
Author, “La Muerte Importante y Oportuna de las Normas Extraestatutarias de Revisión en los Estados Unidos” in Pasado, Presente y Futuro del Arbitraje Internacional: libro homenaje a Yves Derains and Bernardo Cremades., 2013, Instituto Peruano de Arbitraje.
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.
Co-author, International Arbitration Laws and Regulations 2021, Chapter: "Concession Contracts in Times of Crisis". Co-authors Quinn Smith, Diego Brian Gosis, and Ignacio Torterola, 2021.
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Journal Article
Co-Author, “The Guide to Infrastructure and Energy Investment” 3rd ed., 2018, Latin Lawyer.
Co-Author, “Investment Treaty Arbitration”, 2016, Latin Lawyer Guide to Infrastructure and Energy Investment.
Co-Editor, “Latin America, Transnational Dispute Management” (two volume special ed)., 2016, Transnational Dispute Management.
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, Discovery y Discovery en la Litigación y el Arbitraje Internacional., 2013, Buenos Aires Arbitration Review.
Author, “Mechanisms of Control on the Circulation of Foreign Capital, Products, and People in Brazil”, 44:2 Inter-American Law 219, 2013.
Author, “Brazil Update”, 2012, International Law Quarterly of the International Law Section of the Florida Bar.
Author, “The Future of Ethics in International Arbitration: A Review of Prominent Sources of Rules and Next Steps for the Profession”, 1, 2012, Revista Académica do Grupo de Estudos em Arbitragem.
Author, “Responsabilidade Civil em Contrato Internacional”, 2011, Valor Online.
Author, “The Importance and Timely Demise of Extra-Statutory Standards of Review”, 2011, Lima Arbitration Review.
Author, “Reviewing the History and Application of Article 7” in the CISG-Brasil Database. Republished in Transnational Dispute Management., vol. 1, 2011.
Author, “O Brasil na Arbitragem Internacional”, 2010, Valor Online.
Co-Author, “Brazil in the Context of International Arbitration” in Infrastructure Law of Brazil, Justen Filho, Marcal & Pereira, Cesar A.G., Eleven International Publishing, Boom Uitgevers Den Haag, (eds. 2010 & 2016).
Author, “A Possível Alteração do Cenário Arbitral nos Estados Unidos e seus Efeitos na Arbitragem Internacional” in Arbitragem e Poder Publico, Cesar Augusto Guimaraes Pereira & Eduardo Talamini eds., 2010.
Author, “Sotomayor’s Position on Arbitration: A Survey of Past Cases and a View to the Future” in Transnational Dispute Management. Adapted and republished in New York Dispute Resolution Lawyer., vol. 2, no. 2, 2009.
Author, “Redefining International Arbitration Proceedings Located in the United States”, no. 4, 2009, Spain Arbitration Review.
Author, “The Extent of the Arbitral Tribunal’s Power to Manage Discovery in the United States of America” in Mealey’s Litigation Report: Reinsurance 20. Republished in 22(6) Revista de Arbitragem e Mediação, no. 156, 2009.
Author, “Revista: International Commercial Arbitration, United States Doctrinal Developments and American Style Discovery”, vol. 20, 2009, Revista Brasileira de Arbitragem.
Author, “Addressing the New York Convention’s Latest Challenge: Enforcing Arbitral Awards in United States Courts after Chromalloy and TermoRio” in Mealeys’ Executive Summary. Republished in Revista de Arbitragem e Mediação., vol. 6, no. 21, 2008.
Author, “Arbitrating at the Crossroads of East and West: An Overview of Prominent Arab National Arbitration Laws”, vol. 24, no. 3, 2008, International Litigation Quarterly.
Author, “On Dangerous Footing: The Non-Statutory Standards for Reviewing an Arbitral Award”, vol. 18, no. 122, 2008, The American Review of International Arbitration.
Related News
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.
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.
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.
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.
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.
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.
Rankings
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Florida Rising Stars – International
2011 – 2020
