By Travis Chase | HGP Nightly News|
GEORGETOWN, GUYANA — The High Court of Guyana, presided over by Justice Renita Singh, has dismissed an application by Austrian healthcare contractor Vamed Engineering GmbH seeking interim conservatory and restraining orders against the Ministry of Health.
The decision stems from an escalating multi-million euro dispute over the design and construction contracts for the Georgetown Paediatric and Maternal Hospital at Ogle (valued at €149 million) and the New Amsterdam Hospital Campus in Region Six (valued at €150 million).
Vamed had filed for emergency court intervention challenging the Ministry of Health’s termination of both contracts, seeking to prevent state authorities from taking possession of project sites, expelling company personnel, or drawing down on €14.9 million in performance security bonds while international arbitration is being established.
Failure to Prove Urgency for Emergency Relief
In her ruling on Thursday, August 6, 2026, Justice Singh affirmed that while the High Court retains statutory jurisdiction under the Arbitration Act 2024 to grant interim protective measures pending arbitration, Vamed failed to satisfy the legal threshold of urgency required for such extraordinary intervention.
- Adequacy of Monetary Damages: The court ruled that financial compensation would be an adequate legal remedy should Vamed ultimately prevail before an arbitral tribunal.
- Contractual Rights Exercised: The judge observed that the underlying contracts explicitly empower the employer (Ministry of Health) to take site possession and remove the contractor following notice of termination. Consequently, state officials were acting pursuant to agreed contractual terms rather than unlawfully.
Preservation Orders Issued for Site Assets and Intellectual Property
While shutting down Vamed’s requests to block state occupation, Justice Singh issued binding preservation orders to maintain status quo integrity while the arbitral tribunal is being formally constituted:
- Ogle Site Containers & Equipment: The Ministry of Health and Vamed were ordered to preserve 52 shipping containers and heavy construction equipment at the Ogle worksite, with strict instructions that neither party open or tamper with them.
- Restricted Site Access: Vamed’s security personnel are permitted access to the Georgetown facility for the exclusive purpose of safeguarding the 52 containers and equipment.
- Intellectual Property Protection: The Ministry of Health was ordered to preserve all contractor engineering designs, structural plans, site documents, and intellectual property until the arbitral tribunal assumes jurisdiction.
- Return of Equipment: By consent between Attorney General Anil Nandlall, SC, and Vamed’s lead counsel Nigel Hughes, an heavy-duty crane stationed on-site is to be returned to Vamed forthwith.
The High Court ordered each party to bear its own legal costs, leaving the substantive questions surrounding contract termination and mutual financial claims to be decided by international arbitrators.
