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Mar 10, 2015

CCJ Dismisses B.N.E. Appeal

In news from the courts…The Caribbean Court of Justice, headquartered in Trinidad and Tobago, has dismissed an appeal filed by Belize Natural Energy Limited against a decision handed down by the Belize Court of Appeal.  The application succeeded a contract dispute between B.N.E. and Maranco Limited.  The company had been employed in the initial phases of B.N.E.’s domestic operation, an agreement which dates back to May 2008.  The argument, later disclosed in court records, is the consequence of a breach of contract, involving demobilization fees, daily rates and damages owed to Maranco.  In August 2011, Justice Oswell Legall pointed out that the substantive award of one point two million U.S. dollars had been settled but that in the aftermath of the ruling the parties had been at odds over the payment of court costs totaling a little over two hundred and eleven thousand U.S. dollars.  B.N.E. challenged the award on the basis that the arbitrators incorrectly applied the general rule governing the award of costs which led to the high award made to Maranco.  Unsuccessful in the Supreme Court and Court of Appeal, B.N.E. applied to the CCJ for an order that the award be sent to the arbitrators for reconsideration or an order that reversed the arbitrators’ award.  The court found that the arbitrators acted within their powers under the Arbitration Act of Belize in relation to the award of full indemnity costs and correctly applied the general rule when awarding costs.  With that the CCJ dismissed the appeal and ordered B.N.E. to pay the costs of Maranco Limited in the appeal.  B.N.E. was represented by Senior Counsel Andrew Marshalleck and David Morales.  Senior Counsel Eamon Courtenay appeared on behalf of Maranco.

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