An international tribunal has ruled in favor of the Costa Rican government in a legal process in which US investors denounced arbitrary actions in the development of a real estate project in Esterillos beach.
From a statement issued by the Ministry of Foreign Trade:
San Jose.On September 19, 2018, the Government of Costa Rica was notified by the International Center for Settlement of Investment Disputes (ICSID) of the decision adopted by the Arbitral Tribunal in the case of David Richard Aven et al.c.Costa Rica (known as "Las Olas").This arbitration was filed by a group of US investors in 2014, under the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR).
A group of U.S. investors is suing the state for $70 million alleging violation of DR-CAFTA preventing the development of real estate project Las Olas in Puntarenas.
The lawsuit filed with the International Centre for Settlement of Investment Disputes (ICSID) by a group of investors led by David Richard Aven notes that "... national authorities treated them unfairly, in relation to a real estate development project in the Esterillos beach area in the Central Pacific. They also claim that the Free Trade Agreement (FTA) with their country was violated. "
After the final decision by the Constitutional Court dismissing their claims, Industrias Infinito has announced it will continue litigation in international tribunals.
"Industrias Infinito turned to international arbitration with the International Centre for Settlement of Investment Disputes and Investment Disputes (ICSID) in April, the company is asking the State to pay $1.092 billion in compensation for halting the mining concession", reported Nacion.com.
Infinito Gold has given an ultimatum to the Costa Rican government, to either agree to resume its gold mining project, or face an international law suit for $1.09 billion.
The Canadian mining company had initially obtained permits for the operation of a gold mine in Costa Rican territory, and had already started the project when a court ruling overturned the award, pointing to flaws in the process of granting permits, and environmental damage.