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Commercial Litigation in British Virgin Islands Involving the Prime Minister of the Commonwealth of Dominica and Its Former Ambassador to China Concluded on October 22, 2009, with Mandarin Interpreter from Abacus Chinese Translation Services

With solicitors from Harneys (Harney Westwood & Riegels) representing Plaintiff, Paul Chaisty and Conyers Dill & Pearman representing David King Hsiu, the former ambassador of the Commonwealth of Dominica to China, and Senior Counsel Anthony Astaphan representing Roosevelt Skerrit, the Prime Minister of the Commonwealth of Dominica and its government, and the assistance of a Mandarin interpreter from Abacus Chinese Translation Services, the commercial litigation case in British Virgin Islands concluded on October 22, 2009 with closing arguments from three parties.

by Samuel Chong
October 24, 2009

At the Eastern Caribbean Supreme Court, British Virgin Islands, three parties, Reginald Armour, QC from Harneys (Harney Westwood & Riegels) representing plaintiff, Sino-Union (Caribbean) Holding Limited (Felix Chen), Paul Chaisty, QC and Conyers Dill & Pearman representing one of the defendants, Shangri-la International Development Holding Limited (David King Hsiu, the former ambassador of the Commonwealth of Dominica to China), and Senior Counsel Anthony Astaphan representing another defendant, the government of the Commonwealth of Dominica (Roosevelt Skerrit, the Prime Minister of the Commonwealth of Dominica), concluded the case by giving out closing arguments on October 22, 2009.

As the Mandarin interpreter for Mr. David King Hsiu, the former ambassador of the Commonwealth of Dominica to China, one of the witnesses of the case, it would be inappropriate to discuss the case until the judge gives out his final judgment and opinion of the case.  The Mandarin interpreter, from Abacus Chinese Translation Services, is Samuel Chong, a certified court interpreter, who listened the cross examinations and direct examinations.  As one of the a few people who understood Mandarin and English and who observed some of the court proceedings, it is necessary to point out certain observations.

While Reginald Armour, QC from Harneys and Senior Counsel Anthony Astaphan made great efforts to argue in court for their clients, Paul Chaisty, QC, with his photographic memory and impeccable arguments, certainly maximized the chances of his client to win the case.  A member of the Chancery Bar Association, Northern Chancery Bar Association, Northern and North Eastern Circuit, and BVI Bar, Paul Chaisty is a "tough fighter whom you certainly want in your corner in a difficult dispute", according to Chambers, UK 2009. He is known as "a real fighter who is quick and commercially astute" and whose practice has a strong commercial flavor and whose "forceful and effective cross-examination style" sets him apart from the pack of chancery litigators, according to Chambers UK 2008.  Paul Chaisty is tenacious, organized, and very committed and aggressive. Throughout the case, the impression that Paul Chaisty left for a bystander or a neutral party would be to try to get him on the same side of a commercial litigation if possible, and to try to settle the case as early as possible if he is on the other side of the case (a possible mistake made by the other parties of this case).

Mr. David King Hsiu, the former ambassador of the Commonwealth of Dominica to China, was extremely frustrated at the fact that very few people recognized him for the economic accomplishments he achieved while he was the ambassador to China, as well as the fact that the Prime Minister of the Commonwealth of Dominica did not admit that there were conditions of the share transfer from Shangri-la International Development Holding Limited to the government of Dominica.   "In my report to the Prime Minister, I stated that once we established a diplomatic relationship with China there would be a completion of a 10,000 person stadium and a 60 kilometer road, a school, a hospital, financial aid for students to study in china… and I was happy I succeeded in doing the things I set out to do".  Indeed, Mr. David King Hsiu was the person who helped the Commonwealth of Dominica to establish diplomatic relationship with the People's Republic of China.  He is the same person who brought much financial benefits to the people of Dominica.  However, according to him, "very few people knew about it".

"It was very difficult to work as the ambassador of Dominica to China.  I did not even receive any compensation for the first a few years", David King Hsiu says. "However, I worked very hard for the people of Dominica in securing investments from China.  The Commonwealth of Dominica can develop its education and tourism industry, and China can be a very good partner.  When Chinese students come to study in Dominica, they will not only spend for their education, but also on their lodgings and other things as well.  This will help to bring other benefits and to develop other industries in Dominica".

Although Mr. David King Hsiu disagrees with some of the testimonies of Roosevelt Skerrit, the Prime Minister of Dominica, he still believes in Skerrit in many aspects. He still hopes the best for the people of Dominica.

The decision of the case will come out in 2 or 3 weeks.  More details will be written on the case when that happens.  For now, at least you may have learned whom to hire in a complex commercial litigation case in British common law jurisdictions as well as something you might not know about the Commonwealth of Dominica.
 

This article can also be found at http://www.certifiedchinesetranslation.com/09/1024-BVI-Case-Prime-Minister-Ambassador-Concluded.html