SOSA P

[1] I have read, in draft, the judgment of Morrison JA and I concur in the reasons for judgment, and the orders proposed, in it.

MORRISON JA

Introduction

[2] This is an appeal from an order made by Awich CJ (Ag) (as he then was) on 10 May 2011. The main effect of the order was to restrain the appellant ('Dunkeld'), until further order, from taking any or any further steps in the continuation or prosecution of arbitral proceedings commenced by it against the Government of Belize ('GOB').

[3] The arbitral proceedings were initiated by Dunkeld by Notices of Arbitration dated 4 December 2009 ('the first arbitration notice') and 26 July 2010 ('the second arbitration notice'). The notices were issued under the Arbitration Rules of the United Nations Commission on International Trade Law 1977 ('the UNCITRAL rules'), and Article 8(1) of the 1982 Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Belize for the Promotion and Protection of Investments ('the Treaty'). Both notices relate to the compulsory acquisition by GOB on 25 August 2009 of certain shares in Belize Telemedia Ltd ('Telemedia') to which Dunkeld claims to be beneficially entitled.