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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.
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