A NEW Bill that will help Guyana recover repayments against international companies if no assets are available locally will be tabled in the National Assembly soon, Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C said recently.

During his online show, “Issues in the News,” the Attorney General commented on the recent case in which his chambers secured an ex-parte judgement against Trinidadian company, Davis Ecolife Limited. Based on the ruling, the company has to repay the $6,159,325 deposit it received from the National Data Management Authority (NDMA) in 2019 for the supply of two prefabricated enclosures to house ICT hubs.

The said agreement – made under the coalition government- had a completion date of January 25, 2019. However, Davis Ecolife Ltd. failed and/or neglected to perform the contract in accordance with the agreed date.

And as part of a major legislative push this year, the government will be seeking to enact new legislation to deal with similar cases.

“In fact, soon we will pass a modern Reciprocal Enforcement of Foreign Judgement Bill in the National Assembly; we are updating our current legislations.

“… 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 judgement in the same way as if the company had assets in the country in which the judgement was granted,” he said.

The process typically involves submitting a request for recognition of the foreign judgement to a court in the country where enforcement is sought.

This request must demonstrate that the foreign judgement 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 judgement 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.

With Guyana’s burgeoning oil and gas sector and the country’s development as a more sophisticated place of business, it has been contended that updating the country’s archaic laws is necessary.

“Of course, our legislation in that regard is archaic as I said; we are taking that new updated one to the Parliament,” the Attorney General said.

In the specific case involving Davis Ecolife, however, Nandlall said existing law permits Guyana to enforce this judgement in Trinidad and Tobago, a sister Caribbean Community (CARICOM) state.

“That we will pursue, in due course,” the Attorney General said.

The AG’s chambers had commenced legal proceedings against several companies to recover monies that were paid out in contracts under the APNU+AFC Government, where goods or services were not delivered.

One of the cases currently before the court is against NevPro Realization Limited of Jamaica, and Former Minister of Public Infrastructure, David Patterson, over a breach of contract that was entered into almost seven years ago.

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.

In the Statement of Claim, the AG has also named former Permanent Secretary in the Ministry of Public Infrastructure, Balraj Balram, and the ministry’s former Head of the Special Projects Unit, Lawrence Mentis as respondents.

On behalf of the state, Nandlall is seeking $50 million in general damages from the Jamaican company for loss and damage suffered as a result of the breach of the contract, dated December 6, 2016, for the supply and delivery of three scales. He is also claiming for liquidated damages in the sum of $7.245 million calculated at 10 per cent of the contract price for breach of contract by the said company.