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.
Related Insights

China Imposes Export Controls on Medium and Heavy Rare Earth Materials
U.S. Increases Tariffs on Vehicles and Automotive Parts
And Now, What Do We Do in Commercial Matters?