Arbitration ratifies expiry of concession contract and determines payment of indemnity in favor of the concessionaire

The Court of Arbitration of the International Chamber of Commerce (ICC) recently confirmed ANTT’s decision to declare the expiry of the BR-153 Highway concession contract, a very controversial precedent for the sector.

The operation of the stretch of BR-153 Highway between the roads BR-60 (Anápolis/GO) and TO-070 (Tocantins/TO) was granted to the concessionaire by the Union, through ANTT, in a contract signed on 12 September 2014. The investments planned by the concessionaire were in the amount of BRL 4.31 billion. However, due to a series of complications, including the freezing of its assets, the concessionaire faced difficulties in obtaining financing. An administrative procedure was initiated to determine the concessionaire’s contractual breaches, resulting in ANTT Resolution No. 138 of 23 June 2017, which recognized default on the part of the concessionaire and decreed the expiry of the concession.

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