by Linda Straker
- Dispute identified as case number ARB/21/37
- Tribunal selected in November 2021, held its first session via video conference on 13 January 2022
- Procedural Order Number One issued on 2 March
- Memorial on the Merits filed on 1 July
The 3-member tribunal appointed by the International Centre for Settlement of Investment Disputes (ICSID) to adjudicate the matter brought against Grenada by the owners of Kawana Bay held its first session in January. On 1 July, the legal team for the Kawana Bay filed a Memorial on the Merits as part of the procedure.
The tribunal’s president is Wendy J Miles from New Zealand who has served on at least 9 other tribunals, and in 6 matters as the president. The other arbitrators are Argentine national Dr Horacio A Grigera Naón who was appointed by the claimant, and Canadian Dr David S Berry who was appointed by the Government of Grenada. Both men are registered arbitrators with the ICSID.
Information from the ICSID website shows that the tribunal selected in November 2021, held its first session via video conference on 13 January 2022 and issued Procedural Order Number One on 2 March.
The latest development in the case shows that as of 1 July 2022, the legal team for Kawana Bay filed a memorial on the merits. Kawana Bay’s owners are True Blue Development Limited (Grenadian), True Blue Services Limited (Grenadian), True Blue Management Limited (Grenadian), Polar Palms LLC (US), and Circle Park Holdings LLC (US).
A memorial on the merits is a filed document setting out the parties’ case, the facts document, law and legal arguments, and submission upon which the party will rely.
The dispute is identified as case number ARB/21/37 and the owners of True Blue Developments assert that the arbitrary and unlawful conduct of the Government of Grenada has thwarted the successful completion of the Kimpton Kawana Bay resort on the island, which the government approved in 2017. It is one of the Citizenship by Investment (CBI) projects which provides for investors to receive citizenship of the country after an investment of the relevant amount in law.
The arbitration request has been made under a binding 1986 Treaty Between the United States and Grenada Concerning Reciprocal Encouragement and Protection of Investment which was signed on 2 May 1986 and entered into force on 3 March 1989.
At the time of filing the matter, the principal of True Blue Development Warren Newfield, claimed that the Government of Grenada has been deceitful, and his company is looking forward to the opportunity to prove the Government of Grenada’s broken promises.
Newfield was assigned as an Ambassador at Large and Consul General for Grenada but resigned from those posts on 20 May 2021 claiming the Government adopted “an anti-business regime” that disregards investors’ rights and breaches agreements.
During a parliamentary session, then Prime Minister Dr Keith Mitchell claimed that Newfield’s company was violating amended clauses and or regulations of the CBI legislation.
It looks a very nice hotel don’t it??
Grenada will be more than likely on the hook again for millions. Kieth Mitchell should be jailed. It’s time to remove immunity from elected officials. This recklessness must stop. When elected officials are held financially responsible for their recklessness only then they will operate with more due diligence.
Kieth Mitchell entire political career is plagued with corruption and incompetence. The trophy is granting a license for a offshore bank on the basis of a picture of a Ruby. Outrageous.