The Tribune

By AVA TURNQUEST

Tribune Digital Editor

aturnquest@tribunemedia.net

Attorney General Ryan Pinder today accused the Grand Bahama Port Authority of mischaracterising the arbitration ruling between the two parties, revealing that the GBPA failed in its bid seeking “over a $1 billion” in damages against the Government.

Mr Pinder described the ruling as a "monumental win" and historic as it brings clarity to long-standing disputes over governance of the Port Area.

He said the Arbitration Tribunal rejected seven of the GBPA’s eight counterclaims, including its substantial damages claim alleging wrongful interference in the administration of Freeport.

“The partial award affirms the administration of the Port Area is not exclusively vested in the GBPA,” he said. “At most, the GBPA retains specific contractual and administrative responsibilities. But these operate alongside and subject to the government’s continuing power.”

He added that the ruling confirms that licensing, immigration, customs and other regulatory matters remain subject to government authority.

“Clarity in law has been given that the government has regulatory and legislative authority over matters in the Port Area,” he said.

Mr Pinder said the partial award resolves two major issues.

“One, it established that there is liability of the Grand Bahama Port Authority to reimburse the government of The Bahamas and the taxpayers of The Bahamas for administrative expenses incurred in Freeport by the government. It ruled that that liability absolutely exists,” he said.

“The second thing this arbitration award did was clearly define the roles of the government and the Port Authority with respect to the governance of Freeport.”

On the Government’s claim, Mr Pinder said the Tribunal confirmed that a review mechanism agreed in 1994 remains enforceable, allowing annual payments to be reviewed and determined.

“In practical terms, the annual review process can commence immediately in respect of future years,” he said, noting that from 2023, when the Government first invoiced the Port Authority, the review process can now proceed.

The quantum of payments has not yet been determined. Mr Pinder said if the parties cannot agree on how to calculate the sums owed, the Tribunal will decide the matter.

He added that recovery for earlier years remains unresolved and will be taken up in the next phase of proceedings.

While the Tribunal did find that successive governments failed to timely consider proposed environmental bye-law amendments dating back to 2006, Mr Pinder noted that the Tribunal questioned whether there was any clear basis for damages on that issue.

The Government has released the full 139-page award on the Office of the Prime Minister’s website along with a guide to help the public navigate the decision.

This is a developing story.