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S.A. DE OBRAS Y SERVICIOS, COPASA v. BANK OF NOVA SCOTIA

651649/13, 7509, 651555/12, 7508.

170 A.D.3d 468 (2019)

96 N.Y.S.3d 173

2019 NY Slip Op 01706

S.A. De Obras y Servicios, COPASA, Appellant, v. The Bank of Nova Scotia et al., Respondents. Cointer Chile, S.A., et al., Appellants-Respondents, v. Bank of Nova Scotia et al., Respondents-Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 12, 2019.

These actions arise out of a highway project in Chile. In September 2009, the Chilean government issued a request for proposals (RFP) to improve, maintain, and operate part of a toll road (Route 5, or Ruta 5 in Spanish). Under the terms of the RFP, bidders provided the lowest present value (or VPI1 that they would accept in return for building and operating the toll road. The bidder with the lowest VPI would win the bid, and if that bidder was...

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