7 News Belize

A Victory For The Ashcroft Alliance
posted (May 27, 2010)
A significant ruling was handed down in the Court of Appeal this afternoon in regard to the anti-arbitration injunction the Government of Belize had secured against Lord Michael Ashcroft and others arising from the nationalization of Belize Telemedia.

Essentially, Belmopan had convinced Justice Samuel Awich that Ashcroft, Jose Alpuche, Keith Arnold, Dean Boyce, Phillip Osbourne, Edilberto Tesecum and Phillip Zuniga controlled Dunkeld Investments. Ashcroft et al disputed that position maintaining that in fact six companies, including BCB Holdings, Ecom, Mercury, New Horizons Limited and Thiermon Limited, which held shares in BTL at the time when the telecommunications company was nationalized, were only holding those shares in trust(!) for Hayward International and Dunkeld Investments.

As a result, they claimed that Dunkeld could, under the International Investment Treaty between Belize and the United Kingdom, invoke arbitration proceedings. However, in February Justice Awich granted Belmopan an injunction barring Dunkeld and the seven others from proceeding with the arbitration.

But they didn't just cease and desist because of the court order, they were also keenly aware that the Dean Barrow administration had amended the law to make it so that anyone guilty of Contempt would face substantial fines of more than a hundred thousand dollars or in the alternative, five years in jail.

With that in mind, the Ashcroft group took their case to the Court of Appeal. After three days of submissions before the panel of the Court of Appeal in mid-May, the Honorable Justices today announced that the Awich injunction is lifted.

So what does it mean? Well firstly, the Government can either decide to appeal the matter to the Caribbean Court of Justice or allow the decision to stand. If so, the arbitration, which claimed for damages amounting to as much as 400 million dollars, following the nationalization of Belize Telemedia in August 2009, would proceed before an international panel of arbitrators. We were unable to reach Government's representative in the case, Senior Counsel Lois Young, for comment.

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7 News Belize