Following two years of arbitration proceedings
in Florida after the forceful takeover of The Setai Miami by its
owner, Lehman Brothers, in the pre-dawn hours of 31 March 2012,
the ICC International Court of Arbitration ruled yesterday that
all previous allegations of mismanagement were baseless and have
awarded damages to GHM for improper termination of GHMs hotel
management agreement.
In its findings, the Tribunal concluded that GHM
complied with the contract in all respects and chided the owners
attempts to find excuses to terminate the management agreement.
Even Lehmans own expert at the trial had
conceded that GHM achieved RevPAR levels that were 76%
higher than the competitive set, and despite his many years of
experience in the hotel business, he could not recall any other
hotel that had consistently earned such a RevPAR premium over its
competitors.
GHM President Hans R. Jenni, said, Needless to
say, we are very pleased with the tribunals conclusion, along
with the complete and total legal victory. More importantly, it
vindicates GHM of the wrongful accusations and upholds our
reputation as a hotel management company of the highest repute and
caliber.
Daniel F. Benavides, legal counsel for GHM,
added, This was a hard-fought case. But ultimately the tribunal
found that all of Lehmans accusations of mismanagement were
entirely unfounded. The tribunal also went out of its way to
recognize the many impressive accolades received by the Setai
under GHMs management and that GHMs efforts and reputation were
primarily responsible for the condo-hotels record breaking
success. This is a well-deserved victory for GHM. We could not be
happier for such an outstanding group of professionals.
Lehman has been given 30 days from the date of the
tribunals decision to make full compensation to GHM.
GHM,
Setai,
RevPAR,
Miami
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