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Government Fends Off 40 Mil Ashcroft Alliance Arbitral Award In Appeals Court
posted (August 8, 2012)
There were three major judgments coming out of the court of appeals today - all of them having to do with ongoing legal battles between the Ashcroft Alliance and the Government of Belize.

The biggest one has to do with a 40 million dollar arbitration award forBritish Caribbean HOLDINGS and THE BELIZE BANK that the Supreme Court found in 2010 could be enforced in Belize.

Government appealed - and won! The appeal was allowed in a split decision from the court - meaning two judges agreed, and one disagreed.

Government's case succeeded by proving that a provision called the New York Convention which allows the enforcement of international arbitration - does not apply in Belize.

And why is that? Well way back in the 70's when the government adopted it - it had no authority to do so because the British were then in charge of foreign affairs and defence.

So the convention does not apply to Belize, so there is no legal obligation on the part of Belize to recognize and enforce arbitral awards handed down by the International Court of International Arbitration.

The Government was also awarded costs which must now be paid by British Caribbean HOLDINGS and THE BELIZE BANK LIMITED.

Another of the cases on which judgment was handed down today also had to do with an international treaty and again it was the British Caribbean Bank against the Attorney General of Belize.

The case originated in the Supreme Court where Justice Legall granted an injunction against the British Caribbean Bank restraining it from proceeding with an arbitration or continuing a process that it had started in England.

British Caribbean appealed but it was dismissed by a majority of the judges.

Two of the three Appeal judges agreed with Legall and in a lengthy, highly technical judgment found that foreign arbitration proceedings should be restrained by injunction but they required that the injunction would not be indefinite, only until the hearing and determination of the substantive claim. The government was awarded 80% of its cost for two senior counsel.

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