Iusacell's $2.5 bln suit against IBM on hold due to arbitration

viernes 14 de noviembre de 2014 19:39 GYT

By Nate Raymond

NEW YORK Nov 14 (Reuters) - A U.S. judge on Friday put on hold a $2.5 billion lawsuit by Mexican mobile phone operator Iusacell SA de CV accusing IBM Corp of fraudulent misrepresentations, citing a pending arbitration launched by the U.S. technology giant.

U.S. District Judge Naomi Reice Buchwald in New York granted IBM's bid to stay the lawsuit as it involved issues central to an arbitration pending before the International Chamber of Commerce.

In 2010, Iusacell signed a contract with IBM's Mexico unit, which under the agreement would improve and operate Iusacell's IT systems.

In a lawsuit filed in April, Iusacell alleged that IBM claimed it would provide "virtually unlimited" resources to the company for the project, even though it only intended to provide limited, inadequate amounts of resources to Iusacell.

Iusacell contended that under Mexican law it was entitled to recover both its actual damages and lost profits, including $2.5 billion in lost revenue.

Iusacell is co-owned by media and retail mogul Ricardo Salinas' Grupo Salinas and broadcast giant Grupo Televisa .

Earlier this month, AT&T Inc agreed to acquire Iusacell for $1.7 billion. The deal will occur after Grupo Salinas buys out its partner's 50 percent stake in Iusacell.

IBM moved for a stay of the lawsuit in light of the arbitration, which its Mexican unit commenced in November 2013 seeking payment under the contract. IBM is seeking $300 million in the arbitration, according to the court ruling.   Continuación...