Appeal Ruling: Dismisses La Perla’s appeal, confirms arbitration jurisdiction

On March 1, 2021, the First Chamber of the Civil and Commercial Court of Appeals in Guatemala issued its ruling in the case brought by Compañía Importadora La Perla, S.A. against Lisa, S.A. The appeal challenged a January 20, 2020 order that had accepted Lisa, S.A.’s objection of lack of jurisdiction and directed the matter to arbitration. The appellate court declared the appeal without merit and confirmed the lower court’s ruling, holding that the arbitration clause in La Perla’s corporate charter applied to the dispute over the alleged prescription of dividend payments.

The appellate judges reasoned that the corporate charter explicitly required arbitration for any disputes arising from the company contract, including conflicts between the company and shareholders over dividend rights or their prescription. As a result, the court confirmed that the dispute must be resolved before an arbitral tribunal, not by the civil courts. Additionally, the court ordered Compañía Importadora La Perla, S.A. to pay legal costs, as its appeal was unsuccessful.