PHILIPSBURG — Former ENNIA-director Abdallah Andraous has followed Nina Ansary’s example in an attempt to get away from paying 237.2 million guilders ($132.5 million) in damages to his former employer.
Attorney Rutsel Martha files a notice of arbitration on behalf of Andraous. This notice calls on the bilateral investment treaty between Lebanon and The Netherlands to justify why the Kingdom is responsible for paying these damages.
Andraous was born in Beirut but he has in the meantime obtained Dutch nationality. The treaty Martha refers to has been in place since March 1, 2004. It aims to protect mutual investments in the Kingdom and in Lebanon.
Martha’s request for arbitration is based on “the decision by the Central Bank of Curacao and St. Maarten to take over ENNIA and to seize its assets.” The truth is that the court in Curacao established an emergency measure against ENNIA in 2018 at the central bank’s request.
Martha furthermore claims that Curacao is responsible for fulfilling obligations on its territory. “Based on article 11 of the bilateral investment treaty Lebanon-Netherlands the Kingdom of the Netherlands is ultimately responsible for the actions of the CBCS that affect Mr. Andraous and his investments,” Martha states.
The call on Article 11 of the treaty is a stretch because it says nothing about the responsibilities of the Kingdom. Instead, this article defines the territorial application of the treaty: “The present agreement shall apply to the part of the kingdom in Europe, to the Netherlands Antilles and to Aruba.”
The court ruling of November 19, 2021, states that Andraous is the Chief Financial Officer of Parman Capital and a manager of Parman International; he held several positions at ENNIA Holding and its associated companies. He was also a manager at Resorts Caribe.
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