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SANTO DOMINGO.- The litigation between Dominican Republic and the company Codacsa which led to its loss of the right to collect the Las Americas highway toll has reached the U.S. Congress, where the Senate Committee on Hemispheric Affairs is pressing to execute the arbitration award ordering the Dominican Government to pay that company US$45.0 million in damages.

The case was presented at a meeting in the U.S. Senate as one of the examples set by that Committee’s chairman, Robert Menendez of why Washington has to exert pressure when a country tries to ignore the international arbitration court’s verdicts awarding U.S. companies.

Menendez called on Matthew Rooney and Francisco Sanchez, the US State Department officials who participated in a hearing, to pressure from the directories of International Monetary Fund and the Inter-American Development Bank to execute the ruling.

"If you send a message that you cannot, with impunity, and continue to violate trade agreements and arbitral awards agreed as a process, if these countries can get away with it, they will. That puts U.S. companies at tremendous disadvantage," said the chairman of the Subcommittee.

"They have an international arbitration award in the case of Codacsa, which was building a road there, which has U.S. investors and are not willing to comply with the international arbitration decision, which ruled in favor of the company," U.S. legislator said during the July 31 session.

The conflict and arbitration

An international arbitration court ruled to rescind the concession for the construction of the Coral highway and repairs for the Americas highway and instead ordered the Dominican government to pay $45.0 million in compensation and ordered Codacsa to return the toll collection it had managed since 2003.

The Public Works Ministry took over the toll collection from the company two weeks ago, but Codacsa demands the payment in adherence to the ruling by the arbitration court.

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COMMENTS
7 comment(s)
Written by: zooma, 21 Aug 2012 9:37 AM
From: United States

This behavior by the Dominican government to not honor contracts is a reason why investors who hold an interest to invest in the country are inclined to play their cards very conservatively and opt out of deals. The country loses. I have always said a Dominican contract is paper only and doesn't hold the Dominican party, in his mind, to any contractural obligation.

Written by: Atabey, 21 Aug 2012 9:48 AM
From: United States, NYC

Well, the only way to play this game is to hold the government accountable. If they want to play this game, then make the terms crystal clear to them. It would help if public officials involved in the decision making took the hits personally, by having their visas-including their family's- and international banking account(s) come into play. :)

I guess there would be far less chance of reneging on contracts if you stood to personally take the hits by lost travel and closer looks into your financial status.
Written by: bernies, 21 Aug 2012 9:53 AM
From: United States, key west fl
Another bad deal signed during the Hipolito administration that now our government has to pay for it with our tax money. The Hipo group awarded that contract to that company because some of the government official that signed the deal got their pay and now we will have to for it.
Written by: synapse, 21 Aug 2012 11:44 AM
From: United States

How can you really make a contract with a Banana Republic run by a few Mafia Don's that act in total lawlessness?
Even Danilo can't fix this!
Written by: Spimx, 21 Aug 2012 12:10 PM
From: Canada
What the ****, so it's Hipo s fault.... Nothing to do with lie-onel after 8 years right? Give me a break! The country is so bad because the dominicans are so studburn and proud.... So for the last 8 f*cking it was ok n now "oh its Hipos bad administration".... F*ck y'all bunch of airheads
Written by: Spimx, 21 Aug 2012 12:13 PM
From: Canada
stop blaming the opposite party and start looking for solutions together!!!
Written by: MrThelmoAlmeydaRancier, 21 Aug 2012 2:27 PM
From: United States, NJ
You mean to say the co has been collecting tolls since 2003-that makes it close to 10 years and the DR gvt just took it over.I think they were more than paid for in those toll/ days. Umless the co thoght it was for life,how idiotic could you be? You don't see the MTA giving up any golden cow such as,bridges & tunnels,airports managed by them. Those are gold nipples for life!
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