Smith International Legal Consultants, P.A.

News

Court Refuses Confirmation of Award, Agreeing with Expert Mauricio Gomm
Recently, the Southern District of New York refused the petition of Brazilian airline VRG to confirm an arbitration award. SILC professional Mauricio Gomm appeared as an expert on Brazilian law and practice, supporting the position of Matlin Patterson that the arbitration tribunal had no jurisdiction to tie it to the award. The ruling received coverage by Global Arbitration Review, which reported on the ruling on January 30.

Diego Gosis PDF Print E-mail

Diego Brian Gosis holds degrees in Law and in Translation by the University of Buenos Aires, and is admitted to practice law in Argentina. 

For over a decade, he has participated as counsel for and against sovereigns and private parties in more than 30 international arbitration and annulment proceedings under the arbitration rules of the ICC, the AAA, FINRA, UNCITRAL and ICSID in proceedings conducted in Spanish, English and Portuguese – many of which involved amounts at stake of several billion US Dollars -, and has acted as counsel or expert in court proceedings in several jurisdictions.

Mr. Gosis also has extensive transactional experience, including M&As of privately held and publicly listed companies in Europe and the Americas; the development and financing of technology, real estate, hydrocarbon, hotel and casino operations, and various commercial projects; arranging and counseling participants at public and private tenders; arranging estate and tax planning structures; and advising commercial firms, individuals and sovereign instrumentalities on matters of commercial, administrative and international law.

Since 2002, he has developed his practice based in the Buenos Aires firm Remaggi, Pico, Jessen & Asociados, and since 2006 he has also acted as Of Counsel to the Argentine Republic in matters of investment and commercial arbitration. In its 2012 edition, Chambers & Partners has ranked Mr. Gosis as one of the notable practitioners of international arbitration in Latin America, quoting sources as considering him "a brilliant lawyer with a very bright future.

He is a member of a host of international professional and academic groups, organizations and institutions, a member of the roster of international arbitrators at several arbitration institutions, and a frequent speaker in congresses, seminars and academic events on matters of commercial and investment arbitration, and has trained the teams of University of Buenos Aires to several commercial and investment arbitration competitions in Spanish and English.

Mr. Gosis is of counsel to SILC and not licensed to practice in Florida, except for international arbitrations according to Florida law.

 

Languages:

Spanish (native), English, Portuguese, working knowledge of French and Italian

Representative Cases

Counsel for claimant or respondent in proceedings for an aggregate amount at stake of approx. USD 14 billion, listed below:

 

  • Investment Arbitration Proceedings (unless otherwise noted, reference is to cases arbitrated under the ICSID Convention) - Counsel to the Argentine Republic:
    • Asset Recovery Trust v Argentina
    • AWG v Argentina (Arbitration under the UNCITRAL Rules)
    • CIT v Argentina
    • CMS Gas Transmission Company v Argentina (Annulment Proceedings)
    • Compañía de Aguas del Aconquija et al v Argentina (Vivendi II)
    • Compañía de Aguas del Aconquija et al v Argentina (Vivendi II) (Annulment Proceedings)
    • Continental Casualty Company v Argentina
    • Continental Casualty Company v Argentina (Annulment Proceedings)
    • Daimler Financial Company v Argentina
    • Enron v Argentina (Annulment Proceedings)
    • Enron v Argentina (Resubmission)
    • Giordano Alpi et al v Argentina
    • Giovanna a. Beccara et al v Argentina
    • Giovanni Alemanni et al v Argentina
    • Mobil et al v Argentina
    • SAUR International v Argentina
    • Sempra v Argentina (Annulment Proceedings)
    • Sempra v Argentina (Resubmission)
    • Suez et al v Argentina (Suez I)
    • Suez et al v Argentina (Suez II)
    • Teinver et al v Argentina
  • Commercial Arbitration Proceedings:
    • Three proceedings under the ICC rules between an Argentine oil and gas company and the State of Turkmenistan (counsel for claimants).
    • Two proceedings under the ICC rules related to the construction of two separate prison complexes in Argentina (counsel for respondent)
    • Proceedings under the ICC rules between a minority shareholder from the British Virgin Islands and the US controlling shareholders of a Florida corporation, and award recognition proceedings before the US courts (counsel for claimant)
    • Court proceedings in Argentina relating to the requested enforcement of a UNCITRAL award in a dispute between a German reinsurance company and series of sovereign entities (counsel for respondent)
    • Proceedings under the FINRA rules between two Argentine investors and a European Investment bank regarding banking transactions in the United States (counsel for claimants)
    • Proceedings under the ICC rules between a French main contractor and a Brazilian subcontractor regarding a powerline construction project in Ethiopia (counsel for respondent)
    • Proceedings under the ICC rules before an Argentine owner and a Brazilian contractor regarding a powerline and power station construction project in Argentina, and annulment proceedings before the Uruguayan courts regarding the award rendered in same (counsel for respondent)
    • Proceedings under the AAA rules between a US insurance company and a Brazilian construction company regarding a port infrastructure project (counsel for respondent)
    • Proceedings under the rules of the Argentina-US AmCham among an Argentine company, its Canadian customer and the Canadian issuer of a performance bond, related to an IT development project (counsel for claimant)

 

Academic Activity

Since 2010, he has co-organized joint programs between Florida International University School of Law and Instituto Latinoamericano de Arbitraje on investment arbitration.

Since 2009, he has been a guest lecturer on commercial and investment arbitration and M&A’s at different undergraduate and graduate programs at universities in Argentina, Peru and the United States.

Since 2009, he is a lecturer at, and co-organizer of, the Joint Program on International Arbitration and Dispute Resolution yearly organized by Cornell University, the University of Buenos Aires and the Instituto Latinoamericano de Arbitraje.

Since 2008, he has acted as Academic Deputy Director of the Investment Arbitration Seminar Program at the University of Buenos Aires.

Since 2005, he has regularly coached teams of the University of Buenos Aires to several international commercial and investment arbitration moot competitions in Spanish and English.

Since 2004, he has arbitrated at international moot competitions on matters of commercial and investment arbitration and public international law in Argentina, Colombia, the United States, France and Austria.

Between 1994 and 1998, he lectured as student-assistant on State Theory.

Speaking Engagements (selection)

Arbitration under the Energy Charter Treaty,” presentation at the conference “A closer look beyond ICSID: Investment Arbitration outside the realm of BITs,”organized by Florida International University and the Instituto Latinoamericano de Arbitraje Miami, FL, November 2011

Arbitration with State Parties,” presentation at the Young ICCA Buenos Aires 2011 Conference “The Future of Arbitration” (co-chair of the event organizing committee), Buenos Aires, September 2011

Mock Hearing Session “Witness Examination in International Arbitration,” joint event organized by ICC YAF, LCIA’s YIAG, Y-ICCA, ICDR’s Y&I, Club Español del Arbitraje’s CEA-40, ALArb’s Comité de Jóvenes Profesionales, ILdeA (chair of the organizing committee), Buenos Aires, September 2011

“Investment Arbitration under the ICC Rules,” YAF conference on occasion of the VII Meeting of the Latin American Arbitration Group of the International Court of Arbitration of ICC, Cartagena (Colombia), August, 2011

“Jurisdictional Requirements in Investment Arbitration,” CEA-40 (Club Español del Arbitraje) conference, Madrid (Spain), April 2011

“The definition of ‘Investment’ under the ICSID Convention,” CEA-40 (Club Español del Arbitraje) conference, Lima (Peru), November 2010

Are BITs One-Way Streets?,” ICC YAF event on occasion of the VIII Latin-American Conference of ICC, Miami (Florida), November, 2010

Substantive Application of MFN,” conference of the Association International pourl’ArbitrageContemporary Topics in Investment Arbitration,” Brussels (Belgium), October, 2010

“Relationship between Arbirtators and the Judiciary,” conference at Universidad Nacional de La Plata, La Plata (Argentina), October, 2010

“Grounds for Awarding Damages in Investment Arbitration,” conference at the Instituto Peruano de Arbitraje, Lima (Peru), December, 2009

“Commercial and Investment Arbitration,” Round Table on Investment Arbitration at Universidad de Buenos Aires, Buenos Aires (Argentina), June 2009

Publications

Procedimientos Arbitrales Bilingües,” Spain Arbitration Review (journal of the Club Español del Arbitraje), vol. 6, p.85, Madrid, 2009

Responsabilidad del Estado bajo los Tratados Bilaterales de Inversión,” Revista de Derecho de Daños (Ed. Rubinzal-Culzoni, Buenos Aires-Santa Fe), Vol. 2010-3, p.371, Buenos Aires, 2010

Cesión y Nacionalidad en el Arbitraje de Inversión,” Revista Ecuatoriana de Arbitraje, 2010, p. 37, Quito, 2010

“Most-Favored Nation Treatment as a Standard of State Conduct,” presented at the Association International pour l’Arbitrage Conference “Contemporary Topics in Investment Arbitration,” Brussels, October 2010, reviewed in http://www.arbitration-adr.org/documents/?i=131, Brussels, 2010

“Investment Claims by Sovereigns,” Arbitration News, (journal of the International Bar Association Legal Practice Division), vol 16, Nro. 1, p. 165, London, 2011

“Comparing Commercial and Investment Arbitration,” International Litigation (Journal of the Section of Litigation of the International Litigation Committee of the American Bar Association), Fall 2011, Vol 28, No. 1, New York, 2011

"Commentary to Arts. 19 and 23 of the 2010 UNCITRAL Arbitration Rules (Language of the Proceedings; Pleas as to the Jurisdiction of the Arbitral Tribunal)," published in “Comentario a las Reglas de Arbitraje CNUDMI 2010,” (P. Perales Viscasillas – I. Torterola, Eds.), Editorial Legis, Spain Madrid, 2011

“Investment Arbitration in Argentina,” (co-author) to be published in “Investment Arbitration in Latin America,” collective work, Ed. Martinus Nijhoff, The Netherlands, The Hague

El Vuelo de Ícaro: ¿Pueden Elevarse las Inversiones Financieras al Statusde Inversiones Protegidas?,” to be published in “Pasado, Presente y Futuro del Arbitraje Internacional,” liberamicorum to Yves Derains and Bernardo Cremades by the Instituto Peruano de Arbitraje, Lima

Member of the Review Committee of International Arbitration Case Law (available at www.internationalarbitrationcaselaw.com)

Memberships; Professional Associations

Latin American Arbitration Group of the International Court of Arbitration of the ICC

Young Arbitrators’ Forum of the ICC (Member of the Regional Coordinating Committee for Latin America 2011-2014)

Club Español del Arbitraje (Board Member for the Argentina-Uruguay Chapter)

CEA-40

Instituto Latinoamericano de Arbitraje (ILdeA) (FoundingMember, Secretary)

Asociación Latinoamericana de Arbitraje (ALArb)

ALArb’s Comité de Jóvenes Profesionales

Arbitration Committee of the International Bar Association

ICDR’s Young and International

LCIA’s YIAG

Young ICCA

FDI Moot College of Arbitrators

Moot Alumni Association (“Willem C. Vis” moot competition)

Buenos Aires Bar Association

Buenos Aires Translators’ Bar Association