Latest update December 17th, 2024 3:32 AM
Modern bill to help recover funds from defaulting foreign companies set for National Assembly – AG
Kaieteur News – A new bill which will help Guyana recover repayments from international companies on the successful completion of litigations if no assets are available locally, is set be presented to the National Assembly.
Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, S.C revealed during his Facebook commentary programme, “Issues in the News,” that government plans to modernize the Reciprocal Enforcement of Foreign Judgment Bill.
“Our legislation in that regard is archaic as I said. We are taking that new updated one to the Parliament,” the Attorney General said.
Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, S.C
“The legislation will allow judgments from one country to be enforced in another country. And once that company has assets in that country, then you recover the proceeds of your judgment in the same way as if the company had assets in the country in which the judgment was granted,” he added.
The disclosure comes on close heels of a recent judgment Guyana won against a Trinidadian company. Last month, the Attorney General’s chambers revealed that they secured an ex-parte judgment against Trinidadian company, Davis Ecolife Limited.
Trinidadian Company, Davis Ecolife Ltd in an application brought by the National Data Management Authority (NDMA) through the Attorney General’s Chambers.
On the 31st January 2023, NDMA filed an amended Fixed Date Application (FDA) seeking several reliefs including an order for restitution in the sum of $6,159,325, constituting an advance payment made by the claimant to Davis Ecolife Ltd for which there were no works done.
The Trinidadian company failed to file an Affidavit in Defence to the application and failed to attend court on two occasions. The Court therefore granted judgment in the sum of $6,159,325.00 and costs in the sum of $500,000 in favour of NDMA.
The NDMA is a body corporate established under the National Data Management Authority Act Cap. 27:13, Laws of Guyana and is responsible for data processing and information systems in the Public Sector.
The Attorney General emphasized that there has been a push to update and modernize several pieces of legislation given Guyana’s economic trajectory due to the booming oil and gas sector.
Meanwhile, in the case involving Davis Ecolife, Nandlall said existing law permits Guyana to enforce this judgment in Trinidad and Tobago, a sister Caribbean Community (CARICOM) state.
“That we will pursue, in due course,” the Attorney General said.
The process typically involves submitting a request for recognition of the foreign judgment to a court in the country where enforcement is sought.
This request must demonstrate that the foreign judgment is final and conclusive, was made by a court with proper jurisdiction, and does not violate public policy in the country where enforcement is sought.
If recognition is granted, the foreign judgment can be enforced in accordance with the laws of the country where enforcement is sought. This may involve taking additional legal steps such as filing a lawsuit, seeking an injunction, or seizing assets.
The AG’s chambers had commenced legal proceedings against several companies to recover monies that were paid out in contracts under the A Partnership for National Unity + Alliance For Change (APNU+AFC), where goods or services were not delivered.
The matter at reference has to do with the non-delivery of three mobile motion scales bought by the APNU+AFC government for a whopping $72.264 million back in December 2016.
- Anil Nandlall, Attorney General (AG) and Minister of Legal Affairs, companies, National Data Management Authority (NDMA), Parliament, S.C.
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