Appeal: Appeal on Procedural Errors in Preliminary Exceptions Decision

This appeal challenges a judicial resolution issued on March 31, 2025, that denied various preliminary exceptions raised by Lisa, S.A. in a case concerning the alleged prescription of the right to receive dividends. The appellant argues that the judge erred in dismissing the objection of judicial incompetence, given that the social pact of Inversiones Torre Nova, S.A. includes a binding arbitration clause requiring that all disputes be resolved via arbitration, not litigation. Lisa, S.A. maintains that the matter—stemming from dividend distribution agreements—is explicitly covered by this clause and should have been excluded from the court's jurisdiction.

Additionally, the appeal highlights serious procedural flaws in the acceptance of the lawsuit, including the lack of supporting documentation for the plaintiff’s claim and the failure to demonstrate that the alleged obligation was definite, liquid, and enforceable. Lisa, S.A. also points to ongoing legal embargoes and precautionary measures that interrupt or suspend any prescriptive period. These omissions, the appellant argues, render the original claim legally inadmissible. The appeal seeks the revocation of the lower court’s resolution and a declaration upholding the preliminary exceptions, including exemption from court costs due to good faith litigation.