After Guatemala paid off its debt to Teco Energy, the $15.75 million embargo was lifted, resources that the country had allocated for interest payments from some Eurobond holders.
Arguing that from 2008 to 2013 the Guatemalan National Energy Commission set a maximum amount that electricity distribution companies could charge the user, Teco Energy, a company that was a shareholder of Empresa Electrica de Guatemala, sued the country internationally.
After receiving a ruling opposing the international arbitration disputed with Teco Energy, the New York State Supreme Court ordered the seizure of $15.75 million from Guatemala.
Teco Energy is a company that was a shareholder of Empresa Eléctrica de Guatemala and years ago claimed international arbitration, arguing that from 2008 to 2013 the National Energy Commission set a maximum amount that energy distribution companies could charge the user. This measure caused losses to the distributor.
Costa Rican businessmen complain that because of export subsidies granted to sugar producers in India, there has been an artificial increase in production, causing prices to fall below costs.
Édgar Herrera, executive director of the Industrial Agricultural League of Sugarcane (Laica), explained to Elobservador.cr that "...
The World Trade Organization created a special group to address a complaint filed by Guatemala for alleged export subsidies granted to sugar cane producers in India.
The arbitration panel was formed to hear the lawsuit against the State of Guatemala, which was filed because of the suspension of the operations of the El Tambor mine, in San José del Golfo and San Pedro Ayampuc.
After the arbitration claim was filed by the Americans Daniel W. Kappes, Kappes, Cassidy & Associates before the International Centre for Settlement of Investment Disputes (ICSID) on December 11, 2018, the body announced that the panel was formed.
Guatemala asked the WTO to review domestic support measures and alleged export subsidies granted to sugar cane and sugar producers, which are carried out in the Asian country.
Luis Miguel Paiz, manager of Asociación de Azucareros de Guatemala (Asazgua), explained to Prensalibre.com that "... Guatemalan producers are concerned about the impact of Indian subsidies on sugar production, transport, storage and export."
Representatives of the El Tambor mine, located in San José del Golfo and San Pedro Ayampuc, filed a $300 million lawsuit against the State of Guatemala.
The arbitration lawsuit was filed by the Americans Daniel W. Kappes, Kappes, Cassidy & Associates, which was registered by the International Centre for Settlement of Investment Disputes (ICSID) last December 11th.
Two months after the hydroelectric projects Oxec I and II were suspended in Guatemala, investors have threatened to resort to the international justice system.
An international arbitration with a high price for the country's image as an investment destination could be the result of a process which started with the suspension of the license to the concessionaires of the hydroelectric stations Oxec I and II. In mid-February the Constitutional Court decided to keep the suspension in force because of alleged non consultation with the indigenous peoples in the area before starting the projects.
In the arbitration process a ruling was made in favor of Panama's bar on import registrations for juices that did not meet the requirements for fruit content.
The problem began in November 2015 when Panama decided to restrict the entry of nectarsfrom Guatemala for failing to comply with labeling rules and the minimum amounts of fruit that such drinks must contain under Panamanian rules.
Jaguar Energy Guatemala has announced that it won the international arbitration case against China Machine New Energy Corporation, which has to pay the former entity $149 million.
According to the company, as a result of the decision from the arbitral tribunal, the power plant based on coal will remain its property, and the Chinese company will have to pay $149 million.
Guatemala is considering requesting arbitration against Panama for the import restrictions applied to nectars from November 2015 on Guatemala and other countries in the region.
The problem, which started in November 2015 with therestriction on the entry of nectarsfor failing to comply with the rules establishing the minimum content of fruit that these drinks should contain, still remains nine months later. At the request of the Guatemalan companies that have been affected, the government is evaluating all alternatives in order to eventually go to arbitration.
Aguilar Castillo Love is a leading international law firm with offices in Central America and Ecuador.
Organization that operates in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and Central America
Phone: (505) 2225 8748
Experts will be meeting in Panama City from 16th to 18th of March to discuss issues and progresses related to arbitration procedures in Latin America and the world.
From a statement issued by the Chamber of Commerce, Industries and Agriculture of Panama:
The WTO found that the price band that Peru applies to imports of sugar, rice, corn and some dairy products is inconsistent with the agreements of the organization.
From a statement issued by the Ministry of Economy of Guatemala:
The event which will be held from February 22nd to 24th in San José will focus on the practice of international arbitration in resolving contractual problems in construction projects.
From a statement issued by the International Chamber of Commerce in Costa Rica (ICC):
Operating Company dedicated to the manufacture of gluten-free and sugar-free products, OHNE brand. The OHNE brand has 8 product lines: square bread, sweet...
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