The companies Obras Portuarias de Coatzacoalcos, SA and Matrix Concesiones, SA, will continue with their claims in Panama and internationally in the absence of a decision by the Supreme Court of Justice in an arbitration that they won over the FCC company, after a dispute over a contract for the construction of a project in Mexico.
This was stated by Diego De La Guardia, a lawyer in Panama for the Mexican companies that since 2019, when the Arbitration Court of the International Chamber of Commerce ruled in their favor, have been waiting for the Court to issue a final ruling for the execution of the award.
“Today, what is happening with this case, which is being handled by Mexican and Panamanian lawyers, is already known internationally, especially in arbitration forums. This will affect investors who want to come to Panama to have their differences resolved in an expeditious manner, but they spend 4 years delaying their execution with the presentation of illegal resources in the Court”, he highlighted.
In 2019, the Arbitration Court ruled in favor of the Mexican companies. However, FCC appealed to the Fourth General Business Chamber with an appeal for annulment, which was ruled against a year later. Subsequently, FCC presented other resources for reconsideration and clarification that were not appropriate, since, according to De La Guardia, Law 131 of December 31, 2013 is violated, which says that there will be no appeal or action against the sentences issued by the Fourth Chamber. .
He warned that almost a year ago, a substitute magistrate -in an unconstitutional act- accepted an injunction presented by the FCC lawyer and sister of the then Supreme Court magistrate, Luis Ramón Fábregas, who left the post last December, which maintains the process pending a decision.
De La Guardia pointed out that “I do not trust that company that is managed in a transparent manner and in accordance with the law, not only because of all the criminal matters that everyone knows that they are being persecuted and that they have accepted having made bribes. , but within this process by their own actions, since they have acted against the law and the Constitution”.
Despite this, he stated that due to his 46 years of professional practice, he still maintains his confidence in the Panamanian system, although he warned of a decline in justice, specifically in judicial delay, since it is not possible to have late justice.
“Just as they give us terms to make the resources, the magistrates and judges must have terms to make decisions in this regard,” said the lawyer, since this is an award that grants millionaire sums to his client, left to pay for FCC, which has had a financial impact on Mexican companies.
