Barbados Free Press, 12/23/2009 - Al Barrack is wrong: Justice and the Law are not for everyone in Barbados
Over three years ago businessman Al Barrack won at 34 million dollar judgement against the National Housing Corporation.
Of course he wasn’t paid, and the amount owed to him including interest is now over 62 million dollars.
Nation News, 12/23/2009 - MONEY OFFER
THE SAGA INVOLVING building contractor Al Barrack and Government over the non-payment of a $60 million debt could be taking a new twist.
In an interview yesterday, Barrack told the DAILY NATION his lawyers were now examining proposals from two business interests who were offering to “buy over the debt” owed to him by Government.
Two offers came to me today, one for 60 million (dollars) from a local business, the other came from my guy in United States who I owe some money. He (United States businessman) said the amount doesn’t matter, get your lawyers to do the paperwork - that’s all you have to do,” was how Barrack explained how a telephone conversation went yesterday.
6 users commented in " Will a Mysterious “Third Party” Pay Off Debt Owed By Barbados Government to Al Barrack? "
Follow-up comment rss or Leave a TrackbackWell the Minister of frivolous or vexatious has spoken and I hoipe that we have learnt a lesson. How can a man feel good when he is hurting and can;t get his money from a gov’t project. What makes matters worst is for a minister of Government, who up to recently was a no-body, to say that his cliam is frivolous or vexatious. Mr.Minister you have just lost my vote and I hope you seat.
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The real theft by Government of its citizens assets has been through their uses of The Land Acquisition Act. Government has taken land, created housing and is in the process of selling that housing to “de peepul” withot paying for it in the first place. Most recently at Constant Estate in St George opposite St George Secondary School.
Government’s agency Town and Country Planning Department ensures the owners of land Government wants to compulsorily acquire under The Land Acquisition Act NEVER receives planning permission to develop residentially. After Government grabs the land ONLY THEN is it developed residentially. This is what happened at Constant Estate in St George.
Theft by any name is still theft. Is Government above the Law?
Who had the right to determine the building contract?
Should matter of public policy be arbitrated?
Did the Government of Barbados have the right to award the building contract to the higher bidder?
The arbitrator’s decision on the law appears to be wrong.
The question is one of general public importance and the decision of the arbitrator is,at the very least,open to serious doubt.
The ruling on the law may be subject to judicial review.
Challenges to The Award
Under the English Arbitration Act 1950 an award could be challenged in two ways .An application could be made to the High Court under the Arbitration Act 1950 section 23 (2) (Barbados Arbitration Act 1958 Section 26 ) for the award to be set aside on the ground that the arbitrators had misconducted themselves or the proceedings ;if the court was satisfied there had been misconduct it could set aside the award or remit it to the arbitrator(s) for further consideration.Section 22 ( Barbados Section 25)an order remitting the ward to the arbitrator(s) for their further consideration.
Remission was introduced in 1854. By the end of 19th Century an award could be remitted in four circumstances:
1. where it was bad on its face;
2. where there was an admitted mistake by the arbitrators ;
3.where there had been misconduct by the part of the arbitrators;
4.where additional evidence had been discovered after the making of an award.
The courts subsequently extended remission to the situation in which the award was to be stated in a special case for consideration of the court.
Barbados Arbitration Act section 24 Statement of Special case
APPEAL ON A QUESTION OF LAW
Under section 69 English Arbitration Act an application for permission to appeal is made before the court can look into the matter.For permission to appeal to be granted the court will need to be satisfied that the determination of the question of law will substantially affect the rights of one or more of the parties.
The question must be one which the tribunal was asked to determine,and, on the basis of the tribunal’s findings of fact the tribunal’s decision on the law is obviously wrong ,or the question is one of general public importance and the decision of the tribunal is at least open to serious doubt.
see Pioneer Shipping Ltd V BTP Tioxide (”The Nema”) 1982 AC 724 (1981) V1 YBCA 155 (HL)
The Barbados Arbitration Act follows English Law so the law may be subject to judicial review.
The right to appeal under English Law ignores modern international arbitration practice and contravenes Model Law.
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