Terra Towers, Corp. Files Motion to Reconsider Before Federal Court, Alleging Arbitrator Showed Bias in Blog Posts
Terra Towers, Corp., the legal team acting on behalf of majority shareholders of the telecommunications infrastructure firm Continental Towers LATAM Holdings Limited, have filed a motion to reconsider before the Southern District of New York which seeks to disqualify an arbitration panel which had ordered the sale of the company.
The filing from Terra Towers, Corp., which owns 55% of Continental Towers, references a slew of issues alleging bias of the chair of the arbitration panel who had ruled in favor of the minority shareholders, Peppertree Capital Management et al.
In particular, the motion to reconsider cites numerous blog posts authored by the panel chair in which they claim he makes "thinly veiled references demonstrating his predeterminations in favor of Claimants and against Terra/DTH, but he also unapologetically jeopardizes the confidentiality of the proceedings."
The motion highlights a blog post authored by the arbitration chair which goes so far as to make suggestions, including a discussion about the ability to seek "coercive incarceration as a civil contempt sanction, upon the theory that the contemnor goes behind bars while holding the keys to her release: compliance with the Judgment; specifically, ?even while an appeal of the judgment is still pending.'"
The legal team representing Terra Towers, Corp. argues that although the arbitrator did not use names of the parties, these publications still reveal his predisposition for deciding an issue.
The dispute before the Southern District is under the case number 22-cv-I761.
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