Attorney General Anil Nandlall has blamed the former APNU+AFC administration for Guyana’s loss in a lengthy arbitration dispute, after the Caribbean Court of Justice (CCJ) affirmed a $179 million award against the State.
Speaking on his weekly programme, Nandlall rejected any suggestion that the ruling reflected failures by the incumbent PPP/C government, instead describing the outcome as the direct result of “negligence and incompetence” by the previous coalition government, which held office from 2015 to 2020.
The case stems from a 2009 contractual dispute between the Ministry of Agriculture and contractor Azad Meerza of Falcon Transportation and Construction Services over road works. Nandlall noted that during the PPP/C’s earlier term, the State successfully challenged an initial March 2015 arbitral award by arguing the tribunal was improperly constituted. That award was set aside.
However, a second arbitration panel was later formed following High Court directions. Nandlall contended that the APNU+AFC administration made critical errors during this phase—chief among them failing to object in a timely manner to the composition of the tribunal. Although arbitrator Edward Gonsalves had served on the earlier panel, former Attorney General Basil Williams reportedly raised concerns only months after proceedings began, well beyond the 15‑day deadline under UNCITRAL Arbitration Rules.
The CCJ found that Guyana had waived its right to challenge the tribunal’s composition by not acting within the prescribed period. The court also criticised the late objection as undermining arbitration efficiency and fairness.
The reconstituted tribunal ultimately awarded Meerza approximately $179.9 million. While the High Court initially refused enforcement, the Court of Appeal overturned that decision, ruling the government was barred from raising untimely objections. The CCJ dismissed the State’s final appeal, rejecting claims of apparent bias by Gonsalves, and cleared the way for enforcement.
Nandlall maintained that by the time the PPP/C returned to office in 2020, the damage was irreversible. “When we got into government, we inherited that,” he said, adding that the proceedings were already too advanced to undo. “You can’t undo those things. That’s how the law works.” The ruling now makes the Government of Guyana liable for the full multimillion-dollar payment.
