31 May 2019 – Schedule of Legal Activities

2019 Schedule of Legal Activities 
The 2019 Schedule of Legal activities is available to download here

From this you will see at a glance the legal cases that are due to be heard in court and in arbitration in Scotland and Spain during the second half of 2019.  The timings are our “best guess” but it is emphasised that they are decided by the courts and are not within our control. 

None of these cases would have been necessary if FNTC and Ona WimPen had accepted the decision of the members to terminate their services in 2012 and 2015 respectively.

The terms of arbitration are final and binding on both parties, but they have the right to challenge the award of the Arbitrator.  Over a period of 16 months Ona WimPen has done just that at the highest courts in Scotland and Spain without success; and has given notice that it will raise yet another challenge in the lower court of Spain where the award will be enforced.  This is with complete disregard to the effect these repeatedly rejected challenges are having on the Club and its members who all just want the conflict to be over.

Ona Wimpen give the pretence that they are justified in making all of these challenges when the reality is that the Arbitrator has already addressed the substance of their challenges, and the Appeal Court Judge in Scotland has upheld the Arbitrator’s rulings.  Ona WimPen have no case, and as with their appeal against the December 2018 Arona Court judgement against them for collecting payments and barring Club members form their apartments, they are using challenges to delay the course of justice, frustrate owners and test their resolve.

It’s callous and calculated but 2019 will be a turning point for the Club in this dispute because Ona WimPen are running out of road.  The judicial process allows them only one more challenge to the arbitration award and one appeal against last December’s Arona court  judgement.  Then their time will be up and we can take back the control they have had for the past 4 years simply because, as we all know, possession is nine tenths of the law.  
 AEJF Signature

Albert Fletcher
Chairman, Club Los Claveles

Leave a Comment

Scroll to Top