In a landmark decision delivered on April 24, 2026, the Court of Appeal has upheld a ruling in favor of the National Infrastructure Development Company (NIDCO), marking a significant legal victory in the ongoing dispute with Brazilian contractor OAS over the Solomon Hochoy Highway extension project, valued at approximately $669 million. The court unanimously agreed with the earlier ruling by Justice Frank Seepersad, which had set aside an arbitration award that had favored OAS.
The dispute arose from contentious issues surrounding payments and delays in the large-scale infrastructure project. Initially, an arbitration panel ruled in favor of OAS, awarding substantial sums against NIDCO. However, NIDCO successfully challenged this arbitration decision in the High Court, arguing that serious legal errors had been made by the arbitrators.
The appellate court’s decision detailed that the Interim Payment Certificate 55 (IPC 55) was valid despite containing errors and found that NIDCO was not in default of payment after its issuance. Furthermore, the court determined that OAS did not have justifiable grounds for delaying work on the project as it had done.
This ruling not only relieves NIDCO from the obligation to make significant payments previously ordered but also sets a precedent regarding the overturning of arbitration decisions when substantial legal flaws are identified. OAS retains the option to appeal this decision to the Judicial Committee of the Privy Council, Trinidad and Tobago’s highest appellate court, should they wish to pursue the matter further.
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