The Court of Ap­peal has dis­missed an ap­peal by Con­stru­to­ra OAS and up­held a High Court rul­ing that nul­li­fied its $850 mil­lion ar­bi­tra­tion award aris­ing out of the Solomon Ho­choy High­way ex­ten­sion project.

The de­ci­sion of Ap­pel­lant Judges Nolan Bereaux, Mark Mo­hammed and Pe­ter Ra­jku­mar af­firms Jus­tice Frank Seep­er­sad’s ear­li­er judg­ment in favour of the Na­tion­al In­fra­struc­ture De­vel­op­ment Com­pa­ny Ltd (Nid­co), which had chal­lenged the award grant­ed to OAS. In his rul­ing on De­cem­ber 14, 2022, Jus­tice Seep­er­sad or­dered that the mat­ter be re­mit­ted to the Lon­don Court of In­ter­na­tion­al Ar­bi­tra­tion for fur­ther re­con­sid­er­a­tion and OAS was al­so or­dered to pay costs.

Seep­er­sad found that, on the face of the award, the tri­bunal fell in­to er­ror, dis­re­gard­ed or mis­con­strued the law and/or failed to prop­er­ly eval­u­ate the ev­i­dence.