7 News Belize

BCB Pleased With CCJ Win
posted (June 27, 2013)
On Tuesday, 7News told you about that very significant judgment which the Caribbean Court of Justice delivered against the Government of Belize.

The importance of it is that any of the Ashcroft-Allied companies, who have any grievances against GOB for the 2009 nationalization of BTL, and the re-nationalization in 2011, can take them to court at tribunals outside of Belize.

This follows the discharging of an interim injunction by the CCJ, which the Supreme Court initially granted restraining British Caribbean Bank from continuing with their litigation.

So far, this is the only company which has launched their arbitration oversees, and when they received the judgment from on Tuesday, they released a statement.

BCB said that this was great news for their company which has been prevented from continuing their case since December 2010.

The company added, quote, "British Investors would have been very concerned by the case and others brought by the Government contending that the 1982 UK-Belize Bilateral Investment Treaty was not binding on the Government."
End quote.

Since the Ashcroft-Allied company is currently locked in a seemingly-endless legal battle with GOB, that statement can be interpreted as slightly slanted, but the company does speak with some authority in this matter.

GOB probably saw something similar because Minister of Foreign Affairs Wilfred Elrington, wrote a letter last month to His Excellency Pat Ashworth, the British High Commissioner, assuring him that Government respects the Treaty as legally binding.

The BCB statement addressed that issue saying that GOB's position seems to have been changed to the extent of an about turn.

The company concludes, quote,

"British investors should now have confidence as a result of this case that they are free to submit any disputes under the BIT to be settled before international tribunals outside of the Belize court system."

Of note is that Queen's Counsel Lord Peter Goldsmith represented British Caribbean Bank at the CCJ hearings of the case, while Senior Counsel Denys Barrow represented the Government of Belize.

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