Judge strikes out negligence claim against ex-SportTT directors in LifeSport lawsuit

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

News

Justice Ricky Rahim

A HIGH COURT judge on Wednesday stuck out negligence claims against former directors of the Sports Company (Sport TT) and its then chief executive arising from the failed LifeSport programme.

However, the 14 former directors and the then chief executive officer will still have to answer to the company’s breach of fiduciary duty claim filed against them in 2017 in relation to a contract with eBeam Interact Ltd in June 2013.

The matter is set for trial before Justice Ricky Rahim, starting on Tuesday.

Named as defendants in Sport TT’s claim are former directors Sebastian Paddington, Chlea Lamsee-Ebanks, Reynold Bala, Morris Blanc, Nisa Dass, Anly Gopeesingh, Sabrenah Khayyam, Cheemattee Martin, Matthew Quamina, Annan Ramnansingh, Kent Samlal, Harnarine Seeram Singh, Milton Siboo and former CEO John Mollenthiel.

The judge ruled on an application by Mollenthiel to strike out the entire claim against him or the relief for the $34 million.

In his ruling, Rahim agreed to strike out the company’s negligence claim against not only Mollenthiel but also the other 13 former directors. And while he left the allegation of breach of fiduciary duty for the trial, the judge also struck out Sport TT’s claim for equitable compensation of $34 million.

He said that claim for $34 million, even under breach of fiduciary duty, could not be made out since the case, on a whole, did not appear to disclose clear, ascertainable evidence of loss suffered.

Rahim said such a claim had to be proven by evidence. “The absence of proof of actual loss or damage is fatal to that cause of action as actual loss is an element of the tort of negligence.”

He said it may be open to the court, if it finds there was a breach of fiduciary duty after the evidence is presented, to craft an order to do justice of the case.

“In so far as the claim sought equitable compensation for $34 million for breach of fiduciary this cannot be made out so that will be struck out.”

And, as part of his ruling, he also struck out those reliefs sought by Sport TT that related to the $34 million claim.

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Skeletal remains found in house at Lancaster

Black Immigrant Daily News

The content originally appeared on: INews Guyana

Police are investigating the circumstances surrounding the discovery of human skeletal remains at a house located at Coconut Walk, Lancaster, Mahaica, East Coast Demerara (ECD).

The remains are suspected to be that of 33-year-old Rodrick Applesammy.

Applesammy’s brother, Alvin Rambishun of Mon Repos, ECD said he was out at sea when he received information from some of his workmates that his brother, who resided in the house, was found dead and his remains were under the said house.

The brother said he related this information to his sister, Tavener Persaud, who visited the area were the skeletal remains of a body was found under the building.

The matter was reported to the police, who processed the scene and removed the skeletal remains.

Investigations are ongoing.

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Man found dead in trench at Ogle

Black Immigrant Daily News

The content originally appeared on: INews Guyana

Police are investigating the circumstances surrounding the death of a 53-year-old man whose body was pulled out of a trench at Ogle, East Coast Demerara (ECD).

The victim has been identified as Gangaram Isharm of Industry Housing Scheme, ECD. Police said no marks of violence were seen on the body.

Reports are that police received information from an unknown caller and proceeded to the trench in front of the Ogle Center Ground at around 06:00h on Thursday where they discovered the body.

The man’s body was found facedown with the head and body underwater, in a sitting position on a green and black bicycle.

The victim’s sister told investigators that her brother is an alcoholic and had no known medical condition.

Investigations into his death are ongoing.

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Road closed for Pirates Festival preparations Loop Cayman Islands

Black Immigrant Daily News

The content originally appeared on: Cayman Compass

Road closed for Pirates Festival preparations Loop Cayman Islands

Loop News

2 hrs ago

The RCIPS is advising the public that the northbound lane on Seafarers Way is closed, with traffic diverted onto Goring Avenue.

The closure is to facilitate preparations for the Pirates Festival events this weekend.

Motorists should exercise caution when travelling in the area.

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Senior Execs being removed from OfReg board under proposed changes Loop Cayman Islands

Black Immigrant Daily News

The content originally appeared on: Cayman Compass

According to draft legislation published in a Legislation Gazette dated November 7, 2022, Parliament will be considering changes to the way the Utility Regulation and Competition Office (OfReg) is run, including who may sit on board of directors of OfReg and what acts the board members be indemnified for.

OfReg Board

Regarding how OfReg is run, prior to the current proposal, there were executive directors who were in charge of different sections of OfReg on a day-to-day basis. These included the Chief Executive Officer, Executive Director of Information, the Executive Director of Energy and the Chief Fuels Inspector, all of whom were also members of the OfReg board of directors.

If the draft legislation passes in its current form, then the following changes will take place:

total number of board members will increase from 10 to 11 membersthe Executive Director of Information, the Executive Director of Energy and the Chief Fuels Inspector will be removed from the board the number of non-executive directors sitting on the OfReg board will go from five to nine

In addition, the Chief Executive Officer will remain on the board, but as a non-voting, ex officio executive member.

Indemnification for acts of board members

Regarding legal protections offered to OfReg board members, the previous rule for indemnification of board members stated that they would be indemnified against all claims except claims, damages, costs, charges or expenses caused by the negligence or bad faith of those persons.

Under the new changes, “bad faith” will be the only item that OfReg board members will not be indemnified for. The new indemnity provision will therefore read as follows:

Indemnity

110. The Government shall indemnify a member of the Office, a member of the Board, an executive member, a member of the staff, and the Secretary against all claims, damages, costs, charges or expenses incurred by those respective persons in the discharge or purported discharge of their functions and powers under this Act, except claims, damages, costs, charges or expenses caused by the bad faith of those persons.

A copy of the draft legislation can be found using the following link:

http://gazettes.gov.ky/portal/pls/portal/docs/1/13216561.PDF

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ANGUILLA EVANGELICAL ASSOCIATION DISAPPOINTED BY GOVERNOR’S PRIDE MONTH POST

Black Immigrant Daily News

The content originally appeared on: The Anguillian Newspaper

The Anguilla Evangelical Association submitted a letter to Governor Dileeni Daniel-Selvaratnam on July 13, 2022. Supporting details were deleted to reduce its length. The following is the unedited version.

Your Excellency, we hereby express our deep concern with the June posting that depicted yourself, the Deputy Governor and other members of staff expressing that “the Governor’s Office joins with others across the globe to support those who…are out and proud”. Our concerns are for the following reasons.

1. Knowing staff members who were in the photo op, it became immediately apparent to the public that there were some whose religious beliefs and personal convictions were certainly not aligned with your message. This raises serious questions. Were such persons aware of what the moment was all about? If not, then this is profoundly problematic. Another question that arises is, even if they were fully aware prior to the photo op, did any members of staff feel pressured or coerced to participate? A “No” to the first question, and a “Yes” to the second question, would indicate that in your capacity as Governor of Anguilla you might have set a disturbing precedent that, if emulated by employers and other persons of power across Anguilla, would lead to the abuse of fundamental rights as enshrined in the Anguilla Constitution.Although Anguilla is officially a Christian nation, even at school assemblies and in classrooms students are allowed, upon official request by parents, to be exempted from certain religious activities. So even though your personal beliefs and your appointment may be in alignment with the agenda of the Foreign & Commonwealth Office, involving members of staff in activities that violate their beliefs and that are not enshrined in the Anguilla Constitution, is cause for deep concern.

2. Does the Governor’s Office join with all across the globe who desperately desire to gain legal recognition for their lifestyles, or do you join only with some? You must be aware, Your Excellency, that there are many people across the globe who perfectly fit your first three categories – “do not feel safe to be themselves; face uncertainty; find themselves without a support system”, but are not in your last category of “out and proud”. Do you proudly support the rights of such persons to fully express their desires as well?

For instance, on July 3, 2020, CBS reported, “The city of Somerville, Massachusetts, has passed an ordinance making it one of the first cities in the nation to officially recognize polyamorous relationships. The city no longer limits the number of people included in a partnership…It’s estimated that 4% to 5% of people living in the U.S. are currently participating in polyamorous relationships…”. According to the New York Times on July 1, 2020, City Councilor Mr. Davis, who is a lawyer said, “I don’t think it’s the place of the government to tell people what is or is not a family.” He said he had considered the possibility that a large number of people — say, 20 — would approach the city and ask to be registered as domestic partners. “I say, well what if they do?” Mr. Davis said. “I see no reason to think that is more of an issue than two people.”

Sweden has long legalised the marriage of half siblings. There are those in the UK, Europe and elsewhere who strongly feel they should have the right to marry as parent and child, grandparent and grandchild. And meet – not a gay couple who you proudly support – but a trouple! Alejandro Rodriguez, a graduate in physical education; Manuel Bermudez, a journalist and professor at the University of Antioquia; and Victor Hugo Prada, actor and dancer, are three Colombian men who received formal legal recognition of their union in 2017. The Guardian reported “We want to make what’s intimate, public,” says Prada, at 23 the youngest of the three. “We have no reason to hide it. We are just helping people realise that there are different types of love and different types of family.” Your Excellency, since you support lgbtq+ with its vaunted slogans of “Love is Love”, “Love is Equal”, Marriage Equality”, then you are compelled to support every conceivable union between consenting adults as their “fundamental human right”.

Does the Governor’s Office join with those who range from children to highly educated adults who seriously feel that their ear, or hand, or eye, or leg does not belong to them and they want it amputated? The condition, as you know, is apotemnophilia or Body Identity Disorder. According to WebMD on April 8, 2022, ‘People with BIID want to be their “true self,” which often comes with a desire for amputation or disability to help them feel “complete” inside. Recent research has started linking this feeling to certain psychiatric and neurological reasons. There are strong similarities between BIID and other identity disorders like transsexualism and gender identity disorder.

Would you support a BIID 12-year-old girl gouging out her right eye because she doesn’t think it belongs and she is traumatized by having it? We hope not. However, by your photo op and nicely worded message you support 16-year-old girls choosing to amputate their breasts and having profiteering doctors disfigure their private parts to make them what they think they are. Yet when any such girls/women later regret their transsex surgeries they are silenced by the hisses of the “tolerant” lgbtqia+ masses. Will you soon have a photo op in support of trouples, polyamory, incestuous marriage, BIID, ad infinitum? After all, they “do not feel safe to be themselves; face uncertainty; find themselves without a support system…”…

3. Promoting LGBTQ+ inevitably leads to abuse of parental rights. Ask Canadian father Robert Hoogland who served six months in prison for the horrible “crime” of insisting on referring to his daughter as “she” and “her” rather than “he” and “him”. Schools must have parental permission before they give an Aspirin to a child, but puberty blockers are given out freely to children, and sex conversion counselling and even sex change surgeries are done without parental consent. We as parents cannot “stand with…the out and proud”, Your Excellency, for we see them as defiant abusers of our fundamental parental rights.

4. To promote LGBTQ+ is to promote the proliferation of pro-LGBTQIA+ indoctrination in public schools to children as young as four. You are undoubtedly aware of the sexualization of children in public schools across the UK. CBN reported on October 4, 2018, that ‘A controversy is brewing in the UK after a video surfaced last month showing a group of young students (6 yr olds) at a primary school in England being asked to write a same-sex “love letter.” BBC’s Radio Manchester posted a video detailing the LGBTQ lesson that was taught to children at Bewsey Lodge Primary School in Warrington, England. In the video, teacher Sarah Hopson instructs the class to pretend to be a fictional fairytale character named “Prince Henry” and write a love letter to the prince’s servant “Thomas,” explaining why they should get married.” Six-year-olds made to write marriage proposal letters!!!?? Down through the centuries this has never been even considered for genuine marriage, but now suddenly it is being imposed for so-called “marriage”.

“They are going to go out into that world and find this diversity around them and they’ll find that at a young age as well,” Hopson told BBC. “And the more they can be accepting at this age, you are not going to face it further on because the children will be accepting now and will be accepting this diversity around them.” The lesson isn’t the first of its kind. In fact, according to BBC, the school is known for being LGBTQ friendly – recently winning the pro-LGBT “Educate and Celebrate”.

Let’s not ignore the calculated indoctrination, Your Excellency. The lgbtq+ understand perfectly well how easily children can be made to believe almost anything told them by adults who they trust. In 2018 The Telegraph reported that across the UK there are growing concerns about the 4,000% increase in girls who want to transition to boys. This is indoctrination of criminal proportions.

5. LGBTQ+ activists are intent on sexualising and perverting our children. On June 30 Catherine Lough wrote in Independent, ‘A Tory MP has criticized a UK 2020 Government Relationships and Sex Education guidance (RSE) in schools which she says has “opened the floodates” to children being exposed to “extreme and inappropriate” sexual content in the classroom. Miriam Cates, a member of the Commons’ education committee and Conservative MP for Penistone and Stocksbridge, criticised the Relationships and Sex Education guidance (RSE) at a Westminster Hall debate. The RSE framework allowed for external sex education organisations to provide resources to schools, resulting in children being exposed “to a plethora of deeply inappropriate, wildly inaccurate, sexually explicit and damaging materials” which contribute to what she calls the “sexualisation and adultification of children.” ’

MP Cates referenced a learning pack provided by the LGBT charity Diversity Role Models which was found to contain the phrase “Love has no age limit,” a slogan that has historically been associated with pedophile rights advocates. “If we tell children that ‘love has no age’… Do we undermine their understanding of the age of consent?”, MP Cates asked. Also included in the Diversity Role Models pack, though not cited by Cates, was a list of book recommendations provided by Diversity Role Models. One recommended book, titled “Beyond Magenta: Transgender Teens Speak Out,” contained a graphic account of a six year-old child performing oral sex. In addition to gender identity, Cates pointed out that lessons about BDSM and rough sex are being utilised.

Lessons for children aged 14 and older provided through Bish, created by Justin Hancock, describe rough sex in an uncritical manner, including slapping and choking. “If there’s little or no care or consent, these things are acts of violence and criminal offences,” notes Bish, before saying that “rough sex is quite common, [and] most of the time it is probably consensual.”

Your Excellency, we dare not, cannot, will not allow our children to be exploited and corrupted in this dance with sheer insanity.For these and many other weighty reasons we were profoundly disappointed in your post. But the most significant of all is the fact that the word of God is unequivocal in speaking to the matter. Suddenly north is not north anymore, nor does a red traffic light mean stop. The wokeness says it all depends on how you see it. So the newest appointee to the US Supreme Court, a woman, declared to the world that she doesn’t know what a woman is! The ideology you promoted during Pride Month (which, interestingly, none of the other Caribbean BOT governors publicly promoted) flies in the face of Genesis 1:27 – “So God created man in His own image, in the image of God created He them male and female.”Let God’s word speak: “Don’t you realise that those who do wrong will not inherit the Kingdom of God? Don’t fool yourselves. Those who indulge in sexual sin, or who worship idols, or commit adultery, or are male prostitutes, or practice homosexuality, or are thieves, or greedy people, or drunkards, or are abusive, or cheat people- none of these will inherit the Kingdom of God. Some of you were once like that. But you were cleansed; you were made holy; you were made right with God by calling on the name of the Lord Jesus Christ and by the Spirit of our God. 1 Corinthians 6:9-11. You are encouraged to read Romans 1:18-32 as well.

As clergy and laity we address the suppressed and tragic truth that the vast majority of persons in the lgbtqia+ community experienced intense trauma in their early years. We know them, interact compassionately with them. Yes, the church community speaks love to all, including the lgbtqia+ community. But a man opposing his friend who is also his brother-in-law, for cheating on his sister with three children for him, is not being “intolerant” nor a “hater”, but a genuine friend. Rather than saying, “Hey, bro, cheating is your truth, so I respect and support you in that”, he says, “If you never stop cheating on my sister I will still love you, but I will always and totally oppose your behaviour.” That is the clear teaching of the Bible and that is where the church stands.

Pastor Philip Gumbs,Apostle Elmead AllenPresident, Anguilla Evangelical AssociationExecutive Member

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OUR PAST DOESN’T HAVE TO BE OUR FUTURE

Black Immigrant Daily News

The content originally appeared on: The Anguillian Newspaper

As we look at the economy of Anguilla, and as we look at where individualism has gotten us as a nation, it is clear that, as a small island still trying to have an established economy – other than a three- or four-months of the year tourism industry – we have lost our way, and we have no real synergistic focus in terms of our island’s development.

We look at the fact that over sixty or seventy years we have had several Anguillians owning aircrafts and flying for airline companies to move people around. We have had Anguillians owning boats – sometimes owning several boats – responsible for shipping and sailing across the region.

The issues highlighted in this article are not unique to or limited to Anguilla, but rather, they appear to speak to issues across the Caribbean.

If one was to go as far back as the early days of the Slave Trade, you would note that slaves were owned by the slave traders or by their masters and they worked on farm land to enrich the treasure chests of their masters. Ironically, the goods that the slaves produced were transported back to Europe on the same ships that brough the slaves…the ships brought in human cargo and they took back sugar cane, coffee, and cotton.

‘When sugar cane was no longer king’, the estate owners or masters abandoned the islands for the most part and we were left on our own to find our way.

Some years later, we saw the emergence of the tourism sector and again, the products we had were natural beauties – beautiful beaches and wonderful tropical climates. What we failed to do was to work collaboratively to put together a product that could be on offer to the would-be tourist coming out of North America, across Europe, or further field.

Who built those establishments to accommodate the tourists in our Caribbean islands – mostly on our finest beaches? The North American and European with capital, once again took advantage of cheap and unskilled labour which became the workforce to construct those establishments. Who owns the hotels? Certainly, not the people from the Caribbean.

When we step back and look at the cruise industry, the Caribbean is still the number one cruise destination in the world. Do we, as Caribbean people, own the cruise ships? No, not even one. Most are owned by North American and European investors. The best we will get out of it is that they will hire some of our Caribbean people as cheap labour to work on the cruise ships. Where do the profits from cruising in the Caribbean go? The profits go to the cruise ship owners and companies.

We look at the international banking sector. Most of the international banks established and operating in our Caribbean islands – Barkleys Bank, Bank of Canada, Scotia Bank, First Caribbean Bank, etc – are owned by North American and European companies. So, where do the profits from international banking go? Not to anyone in our region.

We see the renewable energy sector emerging in the Caribbean now – something that should be affordable for many Caribbean islands to finance on their own, because of the cost of the product relative to the rates of electricity across many of the islands. Instead, what we see happening is that some of our governments and greedy citizens link up with ‘vultures’ from outside the region who see us as easy prey to come into the islands and exploit our potentially profitable markets.

They try to convince our leaders – both in the political and electricity sectors – to let them come to our islands, build, develop and expand the infrastructure, then obligate us for up to 30 years to pay them huge profits. They take the profits off-shore and our people don’t get the opportunity to maximise on the true low cost of energy that would enable them to engage in nation-building or to enable them to lower the cost of living in their individual households and individual businesses that are electricity intensive. Isn’t this exactly what is happening right now with diesel? The profits from the sale of diesel and gasoline leave our Caribbean shores. Corrupt governments and greedy citizens would much rather take bribes and kickbacks to have someone come from outside and establish our renewable energy plants for us than seek the resources to help us ‘do for ourselves.’

People of the Caribbean, don’t start doubting yourselves or your ability to pull yourselves up by the bootstraps. Instead, let us pool our resources together, engage in nation building that is sustainable and that will help secure a future for our grandchildren and for generations to come.

Don’t allow people from outside or inside the Caribbean to convince you that you can’t do certain things on your own, or that you can only achieve a certain measure of success when you involve a European, a North American, or an Asian.

We have it within ourselves to not allow anything or anyone to stand in our way of achieving greatness. Just like the investors can go out into the international market and find inexpensive capital, we can do the same as Caribbean people. It requires us to put together a compelling business case to would-be investors and once the investors see an opportunity to make some money from the interest charged and where their investment is not at risk of failure, they will fund the project.

We must have more confidence in ourselves and be synergistic in our approaches. Some of us have gone to the same institutions of higher learning as the investors, but merely because they look different from us, some of us have succumbed to their overtures to be our masters when we are quite capable of being our own masters within our own countries, working with our own people to build a better, stronger, sustainable island and region.

Don’t ever doubt yourself and believe that you can’t. We all can if we put our thoughts and minds together. Together, we can move mountains. So, let’s do it Anguilla. Our past does not have to equal our future.

—–Contributed without editing by The Anguillian—–

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Soldiers killed in Old Hope Road crash identified Loop Jamaica

Black Immigrant Daily News

The content originally appeared on: Jamaica News Loop News

Soldiers killed in Old Hope Road crash identified

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Craig-Rousseau re-elected to FIH executive

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

Sports

Maureen Craig-Rousseau

FORMER TT Hockey Board (TTHB) president Maureen Craig-Rousseau was re-elected to the International Hockey Federation (FIH) executive board at the 48th FIH Congress, which was held virtually on November 4 and 5.

Amedia release from the TTHB said Craig-Rousseau was one of three female candidates battling for two executive positions (female) on the FIH executive. She received 88 out of the 126 eligible votes, ahead of her contenders Elizabeth King of Ghana (68 votes) and Marion Rodewald (64 votes) of Germany.

Craig-Rousseau was first elected to the FIH executive board in 2014, at the 44th FIH Congress, in Marrakesh, Morocco. Her new term of office will end in 2026.

Another TT hockey official, Willard Harris, was one of seven recipients of the FIH President Award for his long and meritorious service to the global hockey community as an educator and technical official, He is currently chair of the FIH Competitions Committee.

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Judge to rule on NIDCO’s challenge of $850m award to OAS

Black Immigrant Daily News

The content originally appeared on: Trinidad and Tobago Newsday

News

Justice Frank Seepersad. –

A HIGH COURT judge has reserved his ruling on the challenge by the National Infrastructure Development Company (NIDCO) of the $857 million award of the international arbitration panel in favour of Brazilian firm Construtora OAS SA.

On Friday, Justice Frank Seepersad heard submissions by attorneys for NIDCO on why he would remit the award back to the arbitration tribunal for its reconsideration. He will give his decision on December 14.

NIDCO has argued that the High Court has the jurisdiction to send it back to the tribunal. It also made it clear its challenge was not an appeal of the award.

The company’s lead attorney, King’s Counsel Anneliese Day, argued that the court had the inherent jurisdiction to set aside the award and remit it because of errors in law made by the arbitrators.

Day went through the errors NIDCO is saying the arbitrators made in arriving at its decision in April. She also went through the evidence she said the panel failed to consider.

“There is a difference between what the court can look at, in law, and when considering the rationality of the conclusion.”

She said there were material aspects of the evidence which related to what was referred to the arbitrators for determination but were disregarded.

“…The tribunal came to an unreasonable decision so it was irrational.” She also submitted that the decision was one no reasonable arbitrator could have arrived at.

During Friday’s all-day hearing, NIDCO’s attorney went through the evidence it said the arbitrators did not consider, particularly as it related to its decision to terminate its contract with OAS, but this was rejected by OAS which has argued it would be unsafe and inappropriate for the court to pick out evidence at this stage.

“This is a very important public claim,” Day submitted.

Day also maintained NIDCO was not appealing the decision and gave reasons why it was asking the court to remit it back to the tribunal.

“This is not an appeal. I am asking you to say to them: ‘You didn’t deal with this and you should have. I am saying please send this back to the tribunal to deal with this (the evidence.)”

In resisting the challenge, OAS’s lead counsel, retired judge of the appeal court and the Caribbean Court of Justice Rolston Nelson, SC, said NIDCO was confused and conflated the common-law power to set aside an award.

He said there was no dispute that the parties had agreed to treat the award as final and pointed to the public interest aspect of going to arbitration to save the public from long-winded litigation.

“Parties come to the table and they want finality (of an issue)… The court should give deference to this in a commercial sense which is why they chose arbitration.”

It is also OAS’s position that the court’s jurisdiction was limited to errors on the face of the award and Nelson said that even if there was an argument that the court can look at the rationality of the decision, it has to be limited to what is on the face of the tribunal’s award.

This is not an appellate process, he contended.

“Whatever the final and binding clause says about the supervisory jurisdiction of the court, the court has to look at natural justice…The supervision of the court remains…But to say an award can be set aside, that is after the final award is given, and (where) the parties had agreed to accept it.”

Nelson said it was “nefarious” for the parties to agree that the arbitration findings would be final and binding but after the outcome, to now say it is not final and binding.

He countered that “anyone can say anything” but NIDCO failed to provide particulars of what it is contending in its case.

“What are the facts that support this? The tribunal has said, ‘I considered all the facts and I have come to the decision I came to.’”

He said there was a “gross misunderstanding” of the issues by NIDCO.

“There is no erroneous point of law in the tribunal’s treatment of the evidence,” he maintained, as he called on the judge to “accept the findings of fact set out by the tribunal.”

“There is nothing unreasonable or irrational (with the decision).”

On March 11, 2011, NIDCO contracted OAS, under the former People’s Partnership administration, to build 43.5 kilometres of dual highway from San Fernando to Point Fortin for $5.3 billion.

On July 6, 2016, the contract was terminated. NIDCO was able to recover $670 million in 2016 in letters of credit and bonds from a number of banks that had provided guarantees for OAS in previous litigation.

In April, the tribunal – comprising arbitrators Andrew White, KC, Adam Constable, KC, and John Fellas – ruled that NIDCO had to pay OAS a total of US$126 million ($857 million).

In its challenge, NIDCO contends it was not in default of any payment and it was OAS which faulted the contract by failing to remain mobilised on site.

Also representing NIDCO are attorneys Marcelle Ferdinand and Jason Mootoo while attorneys Gregory Pantin and Miguel Vasquez appear for OAS.

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