Elections and changes of position in the Caribbean

Case: Delta Petroleum v BVI Electricity Corp

Publication Date: This analysis was first published on Lexis®PSL on 20 October 2020

Dispute Resolution analysis by James Saunders: The Privy Council board in Delta Petroleum has considered the application of the doctrine of waiver by election and provided useful guidance on when the doctrine will apply in the performance of contracts. Furthermore, the board reviewed the inherent power of appellate courts to award restitution with interest, and the considerations that will apply to a change of position defence if raised by a public entity.

Practice Areas: All Areas