June 9, 2010
Spanish Claim Against Honduras to Proceed
Global Arbitration Review
International and Cross Border Transactions Partner Enrique Gomez-Pinzon was mentioned in a Global Arbitration Review article titled, "Spanish claim against Honduras to proceed."
The article reports that an ICSID claim by Spanish construction company Elsamex against Honduras will go forward, after a tribunal – consisting of Mr. Gomez-Pinzon as sole arbitrator – rejected the state's jurisdictional objections that conditions regarding pre-arbitral conduct had not been observed. Mr. Gomez-Pinzon ruled on June 4, 2010, that Elsamex had satisfied the dispute resolution clause's conditions before filing a claim over the state's alleged failure to pay for major roadworks. He found that the contract did not require a formal written decision of the supervising engineer and that Elsamex had made sufficient efforts to seek conciliation by attempting to appoint a conciliator by mutual agreement.
The article reports that an ICSID claim by Spanish construction company Elsamex against Honduras will go forward, after a tribunal – consisting of Mr. Gomez-Pinzon as sole arbitrator – rejected the state's jurisdictional objections that conditions regarding pre-arbitral conduct had not been observed. Mr. Gomez-Pinzon ruled on June 4, 2010, that Elsamex had satisfied the dispute resolution clause's conditions before filing a claim over the state's alleged failure to pay for major roadworks. He found that the contract did not require a formal written decision of the supervising engineer and that Elsamex had made sufficient efforts to seek conciliation by attempting to appoint a conciliator by mutual agreement.