Claims Over Dividend Prescription by Inversiones Torre Nova
Inversiones Torre Nova, S.A.
C. 01045-2017-00408
Summary
This is an ordinary civil lawsuit filed by Inversiones Torre Nova, S.A. against Lisa, S.A., seeking to declare the extinctive prescription of dividends decreed in shareholder assemblies. Lisa raised multiple preliminary objections, including lack of jurisdiction due to an arbitration clause, defective claim, lack of standing of the plaintiff, and lack of fulfillment of conditions or terms for the rights being claimed.
Decisions
Lisa raised objections including lack of jurisdiction (due to arbitration clause and foreign domicile), defective claim, lack of standing, and lack of fulfillment of conditions and terms.
The Court rejected Lisa's objections.
The preliminary objections by Lisa were rejected; the case proceeds in ordinary civil court.
Appeal against the denial of Lisa’s preliminary objections, focusing on the arbitration clause, defective claim, and lack of standing of the plaintiff.
Lisa requested that the appellate court revoke the ruling and declare its preliminary objections upheld, rejecting the claim or sending it to arbitration. Decision still pending.
The appeal filed by Lisa remains pending resolution; Lisa presented its grievances seeking revocation of the March 31, 2025 ruling.
Conclusion
Lisa, S.A. did not prevail at the first instance. The First Civil Court rejected the preliminary objections raised by Lisa. Lisa appealed the ruling, and the case is now under review by the First Civil and Commercial Court of Appeals, where Lisa argues that the arbitration clause and procedural defects should have barred the lawsuit.