We advise ACS, belonging to Conduent, a French American company. In 2010, ACS won the tender to be the collection operator of the Cosac I system, that is, the metropolitan mass transportation system that crosses 12 districts of the capital of Peru. In this way, ACS has a concession granted by the Metropolitan Municipality of Lima (MML) and currently administered by the Urban Transportation Authority (ATU). It is worth mentioning that the concession held by ACS is one of the many commercial activities it carries out with the Peruvian State.
Decisions involving the entire Cosac I ecosystem are made collectively by all participating parties, including bus operators (Transvial Lima S.A.C., Lima Via Express S.A., Lima Bus Internacional 1 S.A., and Peru Masivo S.A.), the fare collection operator (ACS), and the public management entity (ATU). ACS joined the Complaint. In this context, the bus operators have initiated arbitration proceedings with the Arbitration Center of the Lima Chamber of Commerce. Their objective is to invalidate an indexation clause within the contract, which established a formula for updating passenger fares on the Cosac I system. The primary argument in this claim is that the indexation clause is outdated and fails to achieve its intended purpose of price adjustment.
Taking this into consideration, our success possibility is notably high in this arbitration.
Currently, the Arbitral Tribunal is ongoing.
