Dear President Varela,
We are the law firm Britton & Iglesias and we address you on behalf of our client "Trump Panama Hotel Management, LLC", a company incorporated in the United States of America and consisting of 100 percent American capital, belonging to the Trump Organization, to URGENTLY require attention from your office in relation to the commercial dispute of the Trump Hotel aired before the Judicial Branch of the Republic of Panama.
Conscious of the separation of powers of the state, we wish to raise a situation that, although currently addressed by the Judicial Branch, has repercussions in the Panamanian State, of which you are the current ruler.
We refer to Law 12 of October 27, 1983, by virtue of which
"The Agreement between the Republic of Panama and the United States of America on the Treatment and Protection of Investment is hereby approved," in particular Article 11, paragraph 2, which states:
11ARTICLE / 1
1. ..
2. Investments of nationals or companies of any of the parties shall be granted fair and equitable treatment and shall be granted protection and total security in the territory of the other party. The treatment, protection and security of investments will be granted in accordance with the applicable national laws and international law. None of the partles may in any way impede, by arbitrary and discriminatory measures, the administration, operation, maintenance, use, acquisition, expansion or transfer of investments made by nationals or companies of the other party. Each party will comply with the obligations contracted with respect to or investments of nationals or companies of another party. "
As recently recognized by the International Center for Settlement of Investment Disputes ("ICSID") of the World Bank, this clause offers US investors in Panama protection against falling victim to a denial of justice. This is done in two different ways: First, the denial of justice would be a breach of the standard of "Fair and Equal Treatment." Second, since the denial of justice is prohibited by customary international law, it is understood as included in the requirement. that "the treatment, protection and security of the Investments shall be granted in accordance with ... International Law".
In the case that we represent, Mr. President. there have been countless violations of due process that have been filed before the Second Judge of the Civil Circuit of Panama, Miriam Cheng, who has ignored them in a way that can only generate doubts.
Among others, the following irregularities have been exposed:
i. Excessive and unusual acceleration at the time of receiving, decreeing and practicing the measure of seizure (3 days):
ii. With the permissiveness of the Judge, the Receiver who was appointed has violated, by excesses, absolutely all his faculties, even changing the name of the hotel and allowing the entry of another operator, instead of ensuring the continuous and peaceful operation of the business under its judicial administration:
iii. The Judge has ruled on a dispute that was supposed to be resolved by arbitration in violation of the Law of Arbitration of Panama (Law 131 of 2013.)
iv. The Judge has allowed a lawsuit to be filed before her office based on repealed regulations.
v. She has restricted Trump Panama Hotel Management, LLC. from exercising its right of defense. preventing it from presenting and receiving rulings, which has led to the presentation of disciplinary complaints before the Court.
Your Excellency, Mr. President, the damage that has been caused by this excessive administration of justice contravenes the rights and obligations contemplated in the Bilateral Investment Agreement.
We appeal to your good office in order to avoid these damages affecting not only the counterparty, but the Panamanian State by virtue of a clear violation of the protections of the Treaty, specifically for a denial of justice in the form and terms in which said protection must be protected by International Investment Arbitration.
We remain at your disposal in case you wish to know more details of this matter.
With the assurance of the highest consideration,
Britton and Iglesias
Britton and Iglesias
Britton and Iglesias
Britton and Iglesias
Britton and Iglesias
