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BRAZILIAN construction firm Construtora OAS SA has appealed a High Court ruling that nullified an $850 million arbitration award it secured over the Solomon Hochoy Highway extension project. The appeal was heard on May 15 by Justices of Appeal Nolan Bereaux, Peter Rajkumar, and Mark Mohammed.

OAS contends that Justice Frank Seepersad overstepped his jurisdiction by setting aside the award, arguing that the contract with the National Infrastructure Development Company Ltd. (Nidco) stipulated that disputes be resolved exclusively through arbitration.

The company’s lead attorney, Rolston Nelson, KC, argued that the High Court lacked the authority to overturn the award.