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Chile – Chile courts rules out Boldt Peralada move to exclude Marina del Sol

By - 25 April 2016

The appeal put forward by Boldt Peralada, which had sought to exclude Marina del Sol from the tender process in the city of Chillán has been rejected by the Supreme Court.

Bold Peralada argued that its competitor had not complied with the necessary requirements to have in place the financial support in terms of a bank guarantee during the beginning of the tender process as the guarantee had not been renewed on time.

The Supreme Court rejected the appeal, which was put forward by Boldt-Peralada on February 3rd, in which the company requested that the decision made by the High Court in Santiago, which had previously upheld the SJC’s decision not to exclude Marina de Sol from the process, be overruled.

After the Supreme Court made its announcement Mario Rojas, lawyer for Marina del Sol said that it has settled the issue once and for all “because it is clear that we have acted according to law.”
It is the latest in a series of legal manoeuvring as both companies argue over who should have the licence for the casino. The tender process for the casino in Chillan has now been delayed for over two years as both Argentine –Spanish Boldt Peralada and Chilean-Canadian company Marina del Sol battle it out over the licence in both the courts and in the Regional Council.

In November the Regional Council of Bio Bio rejected the proposal put forward by the Boldt-Peralada group for the third time for a casino in the capital of the province of Ñuble. The vote was later upheld by one of Chile’s highest courts which declared that the Boldt Peralada projected site for the casino in Chillan was too close to an educational-establishment and violated aspects of Regional Development Strategy.

However Boldt-Peralada has now appealed to the Supreme Court claiming that the decision of the Regional Council had been arbitrary and illegal as the council had no right to award points on the basis of technicalities. In addition Ricardo Abdala the lawyer representing Bold-Peralada has argued that the Regional Council had contradicted itself as the Marina del Sol Casino located in Talcahuano in the same region is near a number of educational facilities.

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