GRYNBERG PULLS AHEAD IN CASE AGAINST KENNY ANTHONY AND THE STLUCIA
LABOUR PARTY GOVERNMENT:
TRIBUNAL DENIES KENNY ANTHONY'...
had stuck to his foot while swimming in the sea at Dauphin was palpable
evidence of rich oil deposits in the vicinity. His...
April 23, 2012 the ICSID’s secretary-general registered the request, notified
the involved parties and invited them to pro...
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Grynberg pulls ahead in case against kenny anthony and the stlucia labour party government

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TRIBUNAL DENIES KENNY ANTHONY'S PETITION

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Grynberg pulls ahead in case against kenny anthony and the stlucia labour party government

  1. 1. GRYNBERG PULLS AHEAD IN CASE AGAINST KENNY ANTHONY AND THE STLUCIA LABOUR PARTY GOVERNMENT: TRIBUNAL DENIES KENNY ANTHONY'S PETITION Speaker Peter Foster may have managed to keep Grynberg hidden in plain sight behind the padlocked lips of the wimps in opposition but that never meant the issue was near dead, let alone buried. It turns out that the Kenny Anthony government, whose altogether entrancing mantra while campaigning for office in 1997 had been “transparency and accountability,” continues to keep from the concerned public important developments relating to the secret deal it had first struck with Jack Grynberg’s RSM Production Corporation thirteen years ago. As is by now common knowledge, almost three years after taking office the prime minister had handed the controversial Denver, Colorado oilman Jack Grynberg exclusive exploration rights to millions of acres of the Saint Lucia seabed—without a related word to parliament. The only other party privy to the surreptitious transaction was the finger-in-every-pie also known as Earl Huntley. He it was who had privately headhunted and imported the American for the all-important purpose of confirming his voodoo conviction that the goo that
  2. 2. had stuck to his foot while swimming in the sea at Dauphin was palpable evidence of rich oil deposits in the vicinity. His suspicions validated, Huntley then introduced his new friend to the nation’s prime minister. Soon afterward their deal was struck. Not even the prime minister’s Cabinet, let alone parliament, had the smallest soupçon about the meeting, or that the prime minister and Jack Grynberg had sealed an agreement on 29 March 2000, with Huntley as the sole witness. At the time Grynberg was already busily engaged in the first stages of highly costly litigation against the Grenada government for breach of contract centered on a similar deal. If the then public servant and part-time oil diviner Huntley knew the details of Grynberg’s suit against the Grenada government, there is no evidence he shared such information with Saint Lucia’s prime minister. In any event, the prime minister had never been famous for carrying out due diligence—defined as “a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by a reasonable and prudent person under the particular circumstances.” In regular parlance, due diligence means making sure you get what you think you are paying for, or getting into. Some nine years after the Grynberg deal came to light, Huntley had published an article in a local newspaper, wherein he claimed the prime minister had made him the secret repository of all documents related to Project Sea at Dauphin. It turns out that not even the governor general, who alone is authorized to issue (independent of the usual “on the advice of the prime minister” caveat) exploration licenses in Saint Lucia, had any idea of the arrangements between the oilman from Colorado and the island’s prime minister. No matter, while there remains much to be explained, it is no longer a state secret that the deal had soured a mere six months after it was signed, with Grynberg invoking the agreement’s force majeure clause. Finally, on April 2, 2012, his company had filed with the International Center for Settlement of Investment Disputes a request for arbitration against the Saint Lucia government. On
  3. 3. April 23, 2012 the ICSID’s secretary-general registered the request, notified the involved parties and invited them to proceed to constitute an arbitral tribunal as soon as possible. On August 6, 2013, the secretary-general further notified the parties that all three arbitrators—Prof. Siegfried H. Elsing (president), a national of the Federal Republic of Germany; Judge Edward Nottingham, an American appointed by the claimant RSM; and Dr. Gavin Griffith QC, an Australian, appointed by the Saint Lucia government—had accepted their appointments. Ms. Aurelia Antonietti, an ICSID team leader and legal counsel, was designated to serve as secretary of the Tribunal. One month later a small army of foreign lawyers filed on behalf of the government of Saint Lucia a request for “provisional measures.” On September 20, 2013 RSM filed its opposition to that request. The parties having submitted their replies and rejoinders on provisional measures, the tribunal held its first session and hearing on provisional measures with the parties in New York City, on October 4.  

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