10 Nov 2015 Cases

Commercial Dispute Involving Fortune 100 Firm and Its Local Partners in Latin America

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This case was an ICC arbitration involving a breach of contract dispute between Respondent, a Fortune 100 company, and Claimants, its local partners in Ecuador and Colombia. The action related to Respondent’s termination of their partnership. Claimants alleged that the termination was not in accordance with contractual terms and local regulations, and claimed damages of $20 million in nine distinct categories. Pablo López Zadicoff acted as expert for Respondent and presented written and oral testimony explaining why many of the claims were duplicative, not covered by contractual rights, and/or grossly overestimated. In a preliminary ruling, the arbitrator rejected eight of the nine claims. In a second 2015 ruling, the arbitrator substantially reduced the amount awarded for the remaining claim, while sustaining Respondent’s counterclaim for commercial debts (which had been neglected by Claimants), resulting in net positive compensation for Respondent. The Compass Lexecon team, which also included Andres Casserly, worked closely with Grant Hanessian, Salvador Fonseca-Gonzalez and Michael A. Duffy from Baker & McKenzie.

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