Government of Guyana v Azad Meerza

Procedural record

1. 9 February 2024Guyana

   9 February 2024Guyana

   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.

   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

   Judge

   Kurtzious

   Judge

   Cummings-Edwards

   2 years, 1 month and 2 days later · 761 days

2. 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.

   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

   Representative

   K A Juman-Yassin SC (For: Azad Meerza trading as Falcon Transportation and Construction Services)

   Representative

   Teni Housty (For: Azad Meerza trading as Falcon Transportation and Construction Services)

   Caribbean Court of Justice

   Judge

   Anderson

   Judge

   Rajnauth-Lee

   Judge

   Jamadar

   Judge

   Ononaiwu

   Judge

   Bulkan

   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
3. 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.

   Participants

   Government of Guyana acting through the Ministry of Agriculture

   Azad Meerza trading as Falcon Transportation and Construction Services

   Institution

   Arbitrator

   Clairmont Marshall

   Arbitrator

   Edward Gonsalves

4. 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.

   Participants

   Government of Guyana acting through the Ministry of Agriculture

   Azad Meerza trading as Falcon Transportation and Construction Services

   Institution

   Arbitrator

   Edward Gonsalves

   Arbitrator

   Leon Rutherford

   Arbitrator

   Maurice Veecock

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.

   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