Enforcing the arbitral award, according to Nandlall, would go against Guyana’s “public policy” in light of the ongoing border dispute with Venezuela and the parties’ agreement in the Argyle Declaration to refrain from taking further action until the International Court of Justice (ICJ) renders a final decision, which may take years. According to him, Guyana’s Arbitration Act provides for the objection of the registration of such award on the ground that its enforcement would be contrary to the public policy of Guyana. If there had been no ongoing dispute, he said, the government would not have opposed the award’s enforcement in Guyana.
Nandlall has disagreed with the judge’s conclusion that his submissions constituted a “veiled threat to the independence of the judiciary,” pointing out that his submissions were not disrespectful in the slightest and that the country’s sovereignty is at stake.
He called the judge’s remarks unfortunate and stated that filing a complaint with the Judicial Service Commission (JSC) was still a possibility. Judges are expected to act judiciously when on the bench, whatever the conduct with which they are confronted, the AG noted. Attorney-at-Law and Leader of the Alliance for Change (AFC), Nigel Hughes is representing ConocoPhillips.
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Publish date : 2024-08-16 21:10:00
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