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.
This arbitration has been initiated by the public administrative entity overseeing Cosac I (ATU) before the Arbitration Center of the Pontifical Catholic University of Peru. In this arbitration, ATU seeks a declaration of the invalidity of agreements reached among the bus operators (Transvial Lima S.A.C. Lima Vía Express S.A., Lima Bus Internacional 1 S.A., and Peru Masivo S.A.), the fare collection operator (ACS), and ATU itself, all of which constitute the governing body for the entire Cosac I ecosystem. ATU’s claim is predicated on alleged breaches of the contractual stipulations emanating from the concession agreements that each party holds with ATU.
ACS’s response to ATU’s Complaint has been to emphasize that all agreements reached have adhered to the stipulations of the Contract. Furthermore, ACS has argued that it is ATU who has been failing to meet its obligations towards ACS and the bus operators.
Therefore, in this Arbitration our success possibility is notably high.
