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Feb 24, 2017

CIHL Goes to Court Against Anti-Arbitration Injunction; G.O.B. Holds Firm

Nigel Hawke

And this coming Monday, February twenty-seventh, the Supreme Court will hear an application by CIHL to discharge an injunction granted by Justice Michelle Arana restraining the company from enforcing a more than fifty-two million Belize dollars arbitral award and U.S. District Court judgment against the Government. CIHL has also filed a constitutional claim in the Supreme Court challenging the constitutionality of the Central Bank (International Immunities) Act and the Crown Proceedings Act.  The former purports to give additional protection to Belize’s reserves and the latter criminalizes any attempts to go after sovereign funds. Solicitor General Nigel Hawke told reporters today that the Government is reasonably confident in holding its position in court.

 

Nigel Hawke, Solicitor General

“What will be heard on Monday is the matter that the government filed.  We had filed an application for an injunction which was granted.  There’s an application to discharge the injunction and I think there’s going to be a hearing in relation to the arguments as to whether it should continue or it will be discharged.  Mr. Denys Barrow, Senior Counsel, is representing the government in that matter.”

 

Reporter

“Can you clarify what kind of effect has this injunction had, if any at all?”

 

Nigel Hawke

“Well I don’t want to get into the merits or demerits because the matter is before the courts, obviously.  So I would not comment on those issues until the court decides what is the way forward.”

 

Reporter

“But you do feel that the government can win this level of litigation.”

 

Nigel Hawke

“There is always litigation risk but we feel confident in our position in terms of the law.  We feel that it’s a decision made by the final court which we think should be respected.”

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