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TUTOR:
IVONNE GARCIA
ELABORADO POR:
2016
precedence over domestic legislation or internal faults, and that these investors by
virtue of legal certainty which give them the agreements, they have the power to
turn to international courts.
But, likewise, must be analyzed case by case to see if the claims are for general
investment conditions or the application of a particular and specific clause in
different disciplines.
" If the State sees objectively, that a claim of this kind is badly and there are not
many chances to win, I think it should be seriously considered harmful conciliation.
A bad deal is better than a good lawsuit, and avoid a millionaire process that has
the force of law, " Ibarra said.
And additionally must take into account that litigation entails costs, such as hiring
international lawyers in the jurisdiction of demand, but the most important is to
quantify the risks in case of loss. Furthermore, it stresses that Colombia should not
you at the global level, now you need to attract investment.
Pulse cell
America Movil, Carlos Slim, announced its intention to submit a claim to arbitration
under NAFTA between Mexico and Colombia.
The company, whose subsidiary in Colombia is clear, seeks compensation for the
alleged change in the rules of the game against the reversal of the cellular
infrastructure.
Commerce Ministry sources confirmed that the company notified and its intention
to report a violation of commitments.
The expert Martin Gustavo Ibarra recalled that the treaty with Mexico takes about
20 years and is very likely that most of the investments of Mexican origin are postNAFTA, initially known as the G-3, as included Venezuela.
"What invokes the agreement is out of national jurisdiction and to call an
international, including arbitration, which would be mandatory for Colombia, but
always must be met before the conciliation stage," Ibarra said.
The case broke after the Ministry of ICT convene an arbitration tribunal after failing
to reach a legal agreement with Claro and Movistar in the return process and
infrastructure networks that were installed since 1994.