British couple rebels;After a land conflict with a local dignitary take their case to ICSID. | JamiiForums | The Home of Great Thinkers

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British couple rebels;After a land conflict with a local dignitary take their case to ICSID.

Discussion in 'Habari na Hoja mchanganyiko' started by nngu007, Mar 10, 2011.

  1. nngu007

    nngu007 JF-Expert Member

    Mar 10, 2011
    Joined: Aug 2, 2010
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    Two British investors who were forced to leave Tanzania in 2008 after a land conflict with a local dignitary are to take their case to international arbitration.
    The Silverdale Farm scandal could resurface at the International Centre for the Settlement of Investment Disputes (ICSID), the World Bank’s arbitration organisation. This dispute concerns use of a farm in the Kilimanjaro region. It has gone on for several years, pitting a couple of British investors, Stewart Middleton and Sarah Hermitage, against Benjamin Mengi, the brother of the Tanzanian media magnate Reginald Mengi. According to the two British plaintiffs, Benjamin Mengi leased them this farm in 2004 before subsequently selling it to another investor and then applied pressure to make them leave. After four years of conflict, the British couple finally left Tanzania in 2008.

    This couple now wants to fight back and has taken on the services of Gary Born of the law firm WilmerHale to file proceedings with the ICSID against the Tanzanian government, which they accuse of doing nothing to protect their investment. During the coming weeks, Born should therefore inform the ICSID of his clients’ intention to take this affair to international arbitration. Once he has done so, the Tanzanian government will have six months to begin negotiations with the plaintiffs before the arbitration procedure is set in motion. Born was a member of the ICSID tribunal when it refused to award damages to the joint venture Biwater Gauff Tanzania whose contract the Tanzanian government had suspended unilaterally. Born was then in disagreement with the international tribunal’s majority decision.

    Stewart Middleton and Sarah Hermitage are also being defended by James Price QC instructed by the law firm Carter Ruck in the libel case Reginald Mengi brought against them in London.