Claims Over Dividend Prescription by Compañía Importadora La Perla
C. 01161-2018-00480 • Eleventh Civil Court • Guatemala
Claims Over Dividend Prescription by Compañía Importadora La Perla
This is an ordinary civil lawsuit filed by Compañía Importadora La Perla, S.A. against Lisa, S.A. The dispute focused on whether the case should be resolved in ordinary courts or through arbitration, based on an arbitration clause invoked by Lisa.
Decisions
Jurisdictional objection raised by Lisa based on the arbitration clause in La Perla’s corporate charter.
The Court upheld the objection of lack of jurisdiction due to the arbitration clause and refrained from addressing the other objections.
The dispute was referred to arbitration and proceedings in ordinary courts were halted.
Declares lack of jurisdiction, sends dividend case by La Perla to arbitration
Appeal filed by La Perla against the first-instance decision that referred the case to arbitration.
The Court of Appeals denied the appeal and confirmed the lower court’s ruling.
The referral to arbitration was upheld; the case did not proceed in ordinary courts.
Dismisses La Perla’s appeal, confirms arbitration jurisdiction
Conclusion
Lisa, S.A. prevailed at all stages. The Court granted the objection of lack of jurisdiction and referred the case to arbitration. La Perla’s appeal was rejected and the ruling confirmed. The result reaffirms that the dispute must be resolved in arbitration, consolidating Lisa’s position against attempts to litigate in ordinary courts.