BCB Holdings Limited and The Belize Bank Limited v The Attorney-General of Belize - London Court of International Arbitration (LCIA) Arbitration No 81169 - Final Award - 18 August 2009
Country
Year
2009
Summary
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VII. AWARD
On the basis of the foregoing considerations the Arbitral Tribunal unanimously decides as follows:
145. The Settlement Deed as Amended has been terminated as a result of Respondent's repudiatory breach and Claimants' acceptance thereof.
146. Claimants are entitled to damages in the amount of BZ$40,843,272.34. Respondent is ordered to pay this amount to Claimants forthwith. Claimants are entitled to reimbursement of the costs of the arbitration fixed by the LCIA at £206,248.14 and entirely paid out of three deposits made by Claimants. Respondent is ordered to pay to Claimants forthwith the equivalent of this amount in BZ dollars, at an exchange rate which is the average of the exchange rates prevailing on the true days each of the deposits made by Claimants to cover these costs was lodged.
148. Claimants are also entitled to the legal, professional and other arbitration costs which they nave incurred as a result of Respondent's breach, which the Arbitral Tribunal qualifies as BZ$2,960,735.69. Respondent is ordered to pay this amount to Claimants forthwith.
149. Claimants are entitled to interest at an annual rate of 3.38%, compounded annually on any unpaid amount of the damages and costs awarded to them, i.e., with respect to historical losses, from the date when each element of such losses was incurred, with respect to future losses, from the date of this Award and with respect to costs, from the date when such costs were paid, until paid by Respondent to Claimants.
150. Any other claims or requests for relief made by Claimants are dismissed.
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OCR errors may be present.