DESARROLLOS TERRESTRES (hereinafter, DT) is a company dedicated to the construction, installation, operation, maintenance and disposal of towers and structures for the exploitation of telecommunications infrastructure, with the purpose of installing and operating telecommunications antennas. Our client is a company positioned in the telecommunications industry as a strategic partner of all fixed and mobile telephone operators nationwide.
In the exercise of its activities, DT entered into a Purchase and Sale Agreement subject to a Resolutory Condition with the company Ariana Publicidad S.A.C. (hereinafter, AP), by which AP was obliged, among other things, to assign to DT its contractual position in the «Framework Agreement for the Installation of Antennas» signed between AP and América Móvil Perú; however, AP did not comply with such obligation.
Considering this and all the contractual breaches by AP, which have generated serious economic damages to our client, DT entrusted us to start this arbitration proceeding, by which we seek the termination of the Agreement signed with AP and its annexed agreements (Usufruct Agreement and Mandate Agreement), as well as the collection of US$ 500,000.00 corresponding to the amount paid by DT for 4 Infrastructures that were object of the Contract and an indemnity payment of US$ 200,000.00 for the damages caused.
