Arbitral Digest

Matter

Government of Guyana v Azad Meerza

Applicable rules
The UNCITRAL Arbitration Rules 2010
  1. 11 March 2026Guyana

    11 March 2026Guyana

    Judgment of the Caribbean Court of Justice in the case GYCV2025/003 dated 11 March 2026

    Caribbean Court of Justice

    Case no.
    GYCV2025/003
    Citation
    [2026] CCJ 3 (AJ) GY
    Decision summary
    The Caribbean Court of Justice dismissed the Government of Guyana's appeal and affirmed enforcement of the February 2017 arbitral award. It held that Edward Gonsalves had no duty to disclose prior involvement that was already known, that his participation did not establish apparent bias, and that the Government waived its objection by waiting more than seven months to raise it; the Government was ordered to pay standard costs.

    Supporting details

    29 authorities · 13 participants
    Attorney General of Guyana
    Representative
    Nigel Hawke (For: Attorney General of Guyana)
    Representative
    Raeanna Clarke (For: Attorney General of Guyana)
    Representative
    Mohanie Sudama (For: Attorney General of Guyana)
    Representative
    Shania Persaud (For: Attorney General of Guyana)
    Azad Meerza trading as Falcon Transportation and Construction Services
    Caribbean Court of Justice
    Judge
    Jamadar
    Judge
    Bulkan
    Other
    Representative
    K A Juman-Yassin SC (For: Azad Meerza)
    Representative
    Teni Housty (For: Azad Meerza)

    Authorities cited

    29
    • Amec Capital Projects Ltd v Whitefriars City Estates ([2005] 1 All ER 723)
      case-law
    • Dimes v Grand Junction Canal (Proprietors of) ((1852) 3 HL Cas 759, 10 ER 301)
      case-law
    • Halliburton Co v Chubb Bermuda Insurance Ltd ([2021] AC 1083)
      case-law
    • Helow v Secretary of State for the Home Department ([2009] 2 All ER 1031)
      case-law
    • Locabail (UK) Ltd v Bayfield Properties Ltd ([2000] QB 451)
      case-law
    • Manzanero v R ([2020] CCJ 17 (AJ) BZ, (2020) 101 WIR 116)
      case-law
    • Meerza v A-G (GY CA, 9 February 2024)
      case-law
    • Otkritie International Investment Management Ltd v Urumov ([2014] EWCA Civ 131)
      case-law
    • Panton v Minister of Finance (No 2) ([2001] UKPC 33, (2001) 59 WIR 418 (JM))
      case-law
    • Porter v Magill ([2002] 2 AC 357)
      case-law
    • President of the Republic of South Africa v South Africa Rugby Football Union (1999 (4) SA 147 (CC))
      case-law
    • Prosecutor v Lubanga (ICC-01/04-01/06-3040-Anx, 11 June 2013)
      case-law
    • Prosecutor v Banda and Jerbo (ICC-02/05-03/09-344-Anx, 5 June 2012)
      case-law
    • R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No 2) ([2000] 1 AC 119)
      case-law
    • R v Gough ([1993] AC 646)
      case-law
    • Rustal Trading v Gill & Duffus SA ([2000] CLC 231)
      case-law
    • Szilard v Szasz ([1955] SCR 3)
      case-law
    • Thyssen Canada Ltd v Maritime SA ([2005] 1 Lloyd's Rep 640)
      case-law
    • Valente v R ([1985] 2 SCR 673)
      case-law
    • Walsh v Ward ([2015] CCJ 14 AJ (BB), (2015) 87 WIR 101)
      case-law
    • Williams v Kissoon ([2023] CCJ 3 AJ GY)
      case-law
    • Guyana Arbitration Act (Cap 7:03)
      statute
    • Constitution of the Co-operative Republic of Guyana (1980)
      statute
    • Constitution of Jamaica (1962)
      statute
    • Financial Institutions Act (1992)
      statute
    • Bangalore Principles of Judicial Conduct (2002)
      academic
    • IBA Guidelines on Conflicts of Interest in International Arbitration (May 2024)
      academic
    • UNCITRAL Arbitration Rules as revised in 2010 (New York 2011)
      academic
    • Commentary on the Bangalore Principles of Judicial Conduct (2007)
      academic
  2. Date not availableArbitration

    Date not availableArbitration

    First arbitral award in favour of Azad Meerza

    Decision summary
    In March 2015, the first arbitral tribunal awarded Azad Meerza GYD176,285,299.55, payable within four months; the award was later vacated because the tribunal was improperly constituted.

    Supporting details

    4 participants
    Government of Guyana acting through the Ministry of Agriculture
    Azad Meerza trading as Falcon Transportation and Construction Services
    Institution
  3. Date not availableArbitration

    Date not availableArbitration

    Second arbitral award in favour of Azad Meerza

    Decision summary
    In February 2017, the reconstituted tribunal awarded Azad Meerza GYD179,946,850; the award was ultimately ordered to be enforced.

    Supporting details

    5 participants
    Government of Guyana acting through the Ministry of Agriculture
    Azad Meerza trading as Falcon Transportation and Construction Services
    Institution
    Arbitrator
    Leon Rutherford
    Arbitrator
    Maurice Veecock
  4. Date not availableGuyana

    Date not availableGuyana

    Decision of the Court of Appeal of Guyana concerning enforcement of the second arbitral award

    Court of Appeal of Guyana

    Decision summary
    The Court of Appeal reversed the High Court, held that the Government of Guyana was estopped from objecting to the tribunal's composition after the applicable 15-day period, and ordered enforcement of the February 2017 award.

    Supporting details

    5 participants
    Government of Guyana acting through the Ministry of Agriculture
    Azad Meerza trading as Falcon Transportation and Construction Services
    Court of Appeal of Guyana
    Judge
    Gregory
  5. Date not availableGuyana

    Date not availableGuyana

    Decision of the High Court of Guyana concerning enforcement of the second arbitral award

    High Court of Guyana

    Decision summary
    The High Court refused enforcement of the February 2017 award, held that the second tribunal was improperly constituted, and set the award aside.

    Supporting details

    3 participants
    Government of Guyana acting through the Ministry of Agriculture
    Azad Meerza trading as Falcon Transportation and Construction Services
    High Court of Guyana
    Judge
    Singh

Matter record

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Government of Guyana v Azad Meerza · Matter