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Onyx prevails in ICC arbitrations claiming breach of representations and warranties for waste facility purchased in Mexico

2007

Client(s) Veolia Environnement

Jones Day represented Onyx S.A., a French subsidiary of Veolia Environnement involved in international waste management, with regard to a dispute that arose after it acquired a hazardous waste landfill in Mexico in 2000. The sellers, Waste Management and Hector Vargas, made various representations and warranties in the sales contracts about the operational and environmental conditions at the facility. Jones Day represented Onyx in two separate arbitrations against the two sellers for numerous and extensive breaches of these representations and warranties. Veolia recovered more than $47 million of the $84 million the company paid for the facility.

Onyx S.A. and SARP Industries Mexico S.A. de C.V. (Mexico) v. Waste Management, Inc. (USA) and Chemical Waste Management, Inc. (USA), ICC Case No. 12 124/JNK; Onyx S.A. and SARP Industries Mexico S.A. de C.V. (Mexico) v. Hector Vargas Garza and Valores Ecologicos S.A. de C.V. (Mexico), ICC Case No. 12 125/JNK

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