ARIFA settles claim over construction equipment for client John Deere
Arias, Fábrega & Fábrega represented John Deere Construction & Forestry Inc. in a civil claim against a contractor who had leased and purchased equipment financed by John Deere.
The equipment had been removed from the US in breach of the terms of the agreements. ARIFA managed to attach the equipment in Panamanian soil by obtaining a local court order and filed a claim for breach of contracts governed by US law.
This action represented a challenge as the Panamanian Courts were required to consider the applicability of foreign law when admitting and processing the claim.
The claim was eventually admitted, which lead to a settlement between the parties, allowing John Deere to retain a considerable part of the equipment as payment. This transaction involved litigation in Panama and the US.