ARBITRATION
Arbitration Lawyers in Panama
Alcogal’s arbitration lawyers in Panama advise clients on matters of local and international arbitration, labor and immigration disputes and mediation among others.
Many business contracts require that the parties use arbitration to resolve disputes. At Alcogal, our arbitration lawyers in Panama represent clients in arbitrations, seeking to protect their interests and secure favorable outcomes. With significant legal experience, our attorneys know very well the disruption and expense that can result from legal disputes. Arbitration is often a less costly and more efficient way to address issues between parties to a contract.
Arbitration is not litigation. Rather, both parties make their cases to an agreed-upon third-party arbitrator or panel who reviews all the evidence and arrives at a decision. The decision of the arbitrator is generally legally binding, with limited recourse to litigation after an unfavorable decision. This makes it important for parties to an arbitration to retain knowledgeable legal counsel; the stakes could be very high.
Advantages and benefits of arbitration in Panama
Mediation Legal Services
Mediations is another form of alternative dispute resolution. Unlike arbitration, mediation is usually not binding and therefore requires a different strategic approach.
Some construction, real estate, and other commercial contracts require that the parties go into mediation before advancing to the arbitration stage or litigation in a court.
We understand the process of mediation fully. Mediation may be contractually required, or the parties may agree jointly to try to resolve their disputes through mediation. It allows both parties to be a part of a negotiated decision reached as part of the process. If the parties are unable to reach an agreement through mediation, they may move to arbitration, or take the matter to trial.
Representative transactions
- We acted as counsel to Copa Airlines in a USD11.3 million antitrust litigation brought by Colombian airline Aces, which resulted in a final ruling favorable to Copa that recognized the legality of code-share agreements between airlines, a landmark decision for the industry in Panama.
- We acted as counsel to Citibank in a USD17 million judicial claim filed by Nicolas Nicholson and Pro Communications, in which the Supreme Court upheld the judgments issued by lower courts acquitting Citibank.
- We advised GUPC in its arbitration proceedings before the DAB, which resulted in a USD235 million favorable ruling. We are currently representing the same client in another USD180 million arbitration proceeding.
- We represented Nordion Inc. in a tort-based lawsuit in which the plaintiffs are claiming over USD300 million in damages related to an accident which took place at the Instituto Oncológico Nacional de Panamá.
- We advised Crimson Logic in its negotiation with Panama’s National Customs Authority regarding the SIGA software which is an internal control system used by the Authority.
- We advised TARSCO in its negotiations with Melones Oil Terminal regarding the construction and development of an oil terminal in Melones Island (Pacific – Panama).
- We advised Hyundai Heavy Industries Miraflores Power Plant regarding the civil claims it is facing, and a multimillion arbitration proceeding that the company plans to present.
- We negotiated equity investment into joint venture project to develop a major port facility with PSA for and on behalf of Sociedad Latinoamericana de Inversiones. Prevented breakdown in negotiations, while securing attractive valuation for client.
- We negotiated on behalf of Grupo Lakas to reach a settlement in an attempt to formally end an arbitration proceeding between client and AEI, both shareholders in a Peruvian power generation outfit called Fenix Power.