The National Assembly is set to debate the Foreign Judgments (Reciprocal Enforcement) Bill on Thursday.

The Bill is being seen as a modern piece of legislation. If its passed, it will allow for foreign judgements, particularly those involving finance to be recognized and enforced here in Guyana and vice-versa.

The proposed legislation covers monetary judgements and non-monetary judgements involving regional and international companies as well as orders handed down in civil proceedings for the payment of a lump sum of money as financial provision for the maintenance of a spouse or former spouse or child in 60 countries including Antigua and Barbuda, Barbados, Belize, Canada, China, Dominica, The Bahamas, South Africa, Trinidad and Tobago, the United States, and the United Kingdom.

Attorney General Anil Nandlall said the legislation will save time and money.

“Litigation is expensive. So, if you obtain a judgment in Guyana, you don’t have to relitigate, if the defendant escapes and sets up shop in another country. You can simply take your judgment and have it enforced in that country, and seize whatever property the judgment has in that country rather than relitigating it in that country,” the Attorney General explained.

He said in drafting the legislation, Guyana was guided by the Commonwealth model, and further, consulted with legal luminaries in Singapore and other countries, including commercial jurisdiction.

The Attorney General said the legislation forms part of Government’s efforts to modernize the country’s legislative landscape, and will significantly benefit the commercial community.

“It is a bill that is very significant to the commercial community; it is a bill that will inspire investors’ confidence and it’s a bill that will put Guyana in the lead, at least in the CARICOM Region, of having the most modern law of its type,” the Attorney General said.

The proposed legislation is intended to repeal the Foreign Judgments (Reciprocal Enforcement) Act.

In February, a Trinidadian company – Davis Ecolife – was ordered to repay the National Data Management Authority (NDMA) more than $6.1M over its failure to supply the authority with two Eco Pods.

The judgment was handed down by High Court Judge, Gino Persaud.

However, it is unclear whether the Government has been able to recover the $6.1M from the foreign company.

Under the proposed legislation, the administration would be in a better position to recover proceeds from similar judgments.

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