C.C.J. Told Government It Should Have Gone to Arbitration

Eamon Courtenay

The Caribbean Court of Justice’s scathing denunciation of the Accommodation Agreement and Settlement Deed and the actions of their signatories as  “malignant tumours,” eating away at democracy has been cited many times by the Government. But the judgment, as pointed out by Senator Eamon Courtenay, also contained advice for the Government about not waiting to challenge awards that were so obviously offensive.

Eamon Courtenay, P.U.P. Senator

“One cannot avoid the fact that these agreements were signed; no one can deny that fact. The question is, when there was one side that said it was legal and the Government saying it is illegal, it provides for arbitration and you go to arbitration, the Government doesn’t go and defend our interest. The Caribbean Court of Justice, in talking about the award that Senator [Aldo] Salazar referred to had this to say and it is equally applicable to all of them. This is what the C.C.J. said, it says, “…a further factor that complicates the issue was the non-participation by the Respondent…” meaning the Government in the arbitration proceedings, “…despite numerous invitations and opportunities to do so. It is not beyond the realm of possibility that had the Government mounted vigorous and comprehensive arguments before the arbitral tribunal, as it did before us, the tribunal might have been persuaded to decline to adjudicate upon the matter, thereby saving considerable expense.” You hear what the C.C.J. says? Senator Salazar does not read it. If the Government had gone and defended the interest of Belize, It is not beyond the realm of possibility that had the Government mounted vigorous and comprehensive arguments before the arbitral tribunal, as it did before us, the tribunal might have been persuaded to decline to adjudicate upon the matter, thereby saving considerable expense. Senator Lin, you expressed your concern for the cost; this is where we are losing the money.”