Tuesday, August 26, 2014

Is The Grynberg Matter A Boxing Contest..........How Many More Rounds ?

Grynberg and Current PM
  A press release regarding the ongoing case between RSM Production Corporation, owned by Jack Grynberg, and the Government of Saint Lucia being arbitrated by the International Center for Settlement of Investment Disputes (ICSID) claiming that the government had won another round in the process is misleading.

It gives the impression that the case is being litigated in stages (rounds) and that the government has won another round. Putting it this way also implies that the Government of Saint Lucia “won” the first round as though this was some boxing match.

What the tribunal did lately is to ask RSM to post a guaranteed sum of 750,000USD to ensure that Grynberg’s company pays Saint Lucia’s legal costs should we prevail and they are asked to pay for the high powered lawyers who are representing us in the case.

Prior to that dictate the tribunal had asked Grynberg’s RSM to pay its entire share (50%) of the administrative costs of the proceedings as presumably we have paid our share.

Former PM
The press release went on to briefly explain the basis of Grynberg’s case against Saint Lucia and the government’s position is simply that they have no case as the contract had effectively expired. Grynberg contends that a three year extension of the contract was signed by former PM King it’s just that he never received a copy.

Part of the press release also gives the impression that the tribunal is already prejudiced against Grynberg by mentioning that the tribunal has noted that there's a history of noncompliance on the part of Grynberg where costs were awarded against it.

At any rate any feeling of elation would be way premature but that does not mean that we should abandon or cautious optimism.

No one has won anything at this point. The reality is the substantive issues have yet to be decided upon and the possibility still exists that we could be on the hook for a shit load of money, which needless to say we don’t have, should the tribunal finds in Grynberg’s favor.

In a country that is starved of good news lately we could all do with some, particularly where it relates to this issue, but the overly positive spin on such a procedural matter is really not necessary in my opinion.

We should be thankful for being kept informed about the progress of the case but please just report the facts at this stage. That should suffice.

However should we prevail, and I hope that this is the expectation of all good meaning Saint Lucians, we will all breathe a huge sigh of relief and praise our God for dodging a bullet that could have hit us straight between the eyes.

Hopefully our leaders would have learnt a valuable lesson in all this that the country’s business should not be conducted without due diligence and as stealthily as was the case in this matter.

Author:  By  Peter Thomas (Not For Party But For Country)

Adapted from Unitedpac

Editor's note: Headline, editor's own.

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