UPDATE: NOV 8 2018
Duquesa arbitration to be heard at Uncitral tribunal
A United Nations Commission on International Trade Law (UNCITRAL) tribunal has begun hearing a Jamaican billionaire’s US$300 million treaty claim against the Dominican Republic concerning the seizure of a landfill site.
On 19 December 2017, Jamaican national Michael Lee-Chin served the Dominican Republic government with a notice of intent to arbitrate under the Caribbean Community-Dominican Republic Free Trade Agreement (CARICOM-DR FTA) over alleged treaty breaches concerning the management concession agreement for the Duquesa landfill in northern Santo Domingo, the main dump for garbage from a population of around 3 million people that live in Greater Santo Domingo.
Lee-Chin claims that the Dominican Republic expropriated his investment in Duquesa, because the Municipality failed to abide by the concession agreement and apply the biannual increases to the tipping fees chargeable to the users for the disposal of the waste and the energy generated by the plant, and, ultimately, because on 27 September 2017 the High Administrative Court (TSA) divested Lajún Corporation from the management of the Duquesa landfill, pending the decision on the breach of the concession agreement.
On the other hand, the Santo Domingo North Municipality asserts that Lajún Corporation was not fulfilling its obligations under the concession agreement, causing environmental harms and jeopardizing the public health of the community living in Greater Santo Domingo. That is why the City Council of Santo Domingo North authorized Mayor René Polanco, to take Lajún Corporation to the High Administrative Court to terminate the agreement for noncomplying with it.
The Ministry of Environment of the Dominican Republic also intervened in the case.
The case also involves Dominican businessman Luis Jose Asilis, representative of Wilkison Company that has 25% of the shares of the landfill.
http://arbitrationblog.kluwerarbitra...r/?print=print
https://www.diariolibre.com/actualid...lis-BN10598955
https://www.diariolibre.com/actualid...ales-KE8152491