Swiss Arbitration Decisions

At issue in the Fomento case was lis pendens and more precisely whether or not international arbitrators sitting in Switzerland had to stay the arbitration when a state court abroad was seized of the matter before the arbitration started. Fomento, a Spanish company, had been retained as a contractor by a Panamian company, Colon Container Terminals (“CCT”) to work on the construction of a port terminal. A dispute arose. Fomento filed a claim against CCT in Panama.