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Page added on April 15, 2013

GMR-Maldives arbitration to begin mid 2014: Attorney General’s Office

GMR-Maldives arbitration to begin mid 2014: Attorney General’s Office thumbnail

The Attorney General’s (AG’s) Office has confirmed that an arbitration case concerning the government’s decision to void its concession agreement with Indian Infrastructure giant GMR will begin by the middle of next year.

Deputy Solicitor General Ahmed Usham today told Minivan News that both parties had agreed to commence proceedings by the middle of 2014 and were now waiting on arbitrators to confirm the exact schedule for when their respective cases would be presented.

The initial agreement was reached after representatives for the state and GMR met in London, England on April 10 for a preliminary procedural meeting.  A timetable was agreed upon for holding hearings over the cancellation of a US$511 million contract to develop and manage a new terminal at Ibrahim Nasir International Airport (INIA).

Usham said that the hearing in London last week had been focused solely on establishing a timetable for when arbitration will begin proper in Singapore.

“It is quite straight forward in these procedural hearings.  We discussed the schedule for hearings, such as when cases would be presented, as well as when parties can reply and make counter claims,” he said. “These arbitrators are quite busy, so it can be difficult to manage time in their schedules.”

The AG’s Office has previously claimed that the Maldives will be represented by Singapore National University Professor M Sonaraja, while former Chief Justice of the UK, Lord Nicholas Addison Phillips, will represent GMR.

The arbitrator mutually agreed by both GMR and the government is retired senior UK Judge, Lord Leonard Hubert Hoffman.

Concession agreement

In 2010, GMR-Malaysia Airports Holdings Berhad (MAHB) consortium, the government of former President Mohamed Nasheed and Maldives Airport Company Limited (MACL) entered into a 25-year concession agreement worth US$511 million (MVR 7.787 billion). The agreement charged the GMR-MAHB Consortium with the management and upgrading of INIA within the 25 year contract period.

However, in November 2012, the government of President Dr Mohamed Waheed Hassan Manik declared the developer’s concession agreement void and ordered it to leave the country within seven days.

A last minute injunction from the Singapore High Court during arbitration proceedings was overturned on December 6, after Singapore’s Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

GMR is seeking US$800 million in compensation for the sudden termination, while the Maldivian government is contending that it owes nothing as the contract was void ab initio – meaning the contract was invalid from the outset.

Should the argument of void ab initio fail, the government has claimed the second legal grounds on which it would argue in favour of termination of the contract would be that the contract had been ‘frustrated’.

‘Frustration of a contract’ is an English contract law doctrine which acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party’s principle purpose for entering into the contract.

“The government has given a seven day notice to GMR to leave the airport. The agreement states that GMR should be given a 30 day notice but the government believes that since the contract is void, it need not be followed,” said then Attorney General Azima Shukoor.

The awarding of the bid in 2010 was overseen by the World Bank’s International Finance Corporation (IFC), which the Waheed government has accused of being “negligent” and “irresponsible”.

Should the matter be decided in the government’s favour, uncertainty remains as to the potential impact on foreign investor sentiment given the prospect of sudden asset seizure under the ‘void ab initio’ precedent.

If decided in GMR’s favour, the outcome of the case could potentially see the Maldives facing sovereign bankruptcy, with millions of dollars in additional debt emptying the state’s already dwindling reserves, crippling the country’s ability to obtain further credit, and potentially sparking an economic or currency crisis.

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6 Comments on "GMR-Maldives arbitration to begin mid 2014: Attorney General’s Office"

  1. Ahmed on Mon, 15th Apr 2013 10:42 PM 

    Did you think that was the end of it??

  2. Abdulla Hussain on Mon, 15th Apr 2013 11:37 PM 

    After securing the drug import lines, the ithihaad has pretty much set up Waheed to be the fall guy.

  3. Andre Andreas on Tue, 16th Apr 2013 1:43 AM 

    Why is the GMR suing us? All Mordisians are law abiding, god fearing, 100% Muslims, who would never swindle anyone out of anything. Who never ate pork; never touched a dog; never drank alcohol; never did drugs; never thinks bad of other people and is in fact most helpful to each other; never touched dirty bank interest on deposits; never stole anything; never used condoms or any form of birth control; who never used vaccines; who watches Jinni getting killed, as shooting stars smashes them; who never let women go to hell, by shackling them so that they cannot lure rapists; who never befriends Jews or Christians,

    All the good traits of a basic Muslim, God loves us. Protects us. Preferred creations.

    I wonder why GMR is suing us? Don’t they realise what might happen to them?

  4. Kuribee on Tue, 16th Apr 2013 11:12 AM 

    The verdict has not come yet and never asked to pay 800 million dollars to GMR?

    IFC representatives, Nasheed and his associates had taken huge cut under the table from this deal.

    This entire deal was a corrupt deal and GMR is well known company for bribing people to win the projects. Even in their home county, there is a similar court case on going ?

    GMR will never win this case and they have no ground to sue Maldives under this deal.

    They will get themselves more exposed of their corruption .

    This is why GMR is pouring money to MDP campaign thinking that if Nasheed win the election they can be back in Maldives.

    GMR need to understand that it is not going to be possible to play this dirty political game and Nasheed will never win the election and you are again wasting your money and it rather better to invest that money else in a profitable way.

  5. Burito on Fri, 26th Apr 2013 11:23 AM 

    I understand that Minivan is a very much anti-Maldives news website who does not wish any good for the country except for the cult of Anni or Nasheed. GMR is one of the financial machine brought by Nasheed to fund MDP and its activists. Therefore, despite MDP and GMR entered into agreement although void ab initio, solely for the purpose of deals and cuts. However, Nasheed resigned from power from whatever the reason, is just bad luck for GMR.

  6. mohammad shohel on Mon, 13th May 2013 11:32 PM 

    from bangladesh work niyama maldives


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