Montero’s Compensation Claim for Damages for the Expropriation of the Wigu Hill Project Underway
November 29 2021 - 9:30AM
Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”) is
pleased to announce that the dispute resolution process dealing
with the expropriation of the Wigu Hill rare earth element project
in Tanzania is now underway. The International Centre for
Settlement of Investment Disputes’ (“ICSID”) arbitration tribunal
was constituted on the 18 November 2021 signalling that the process
initiated by Montero to protect its investment and exploration
rights in Tanzania will now proceed.
The arbitration tribunal is composed of Dr
Achille Ngwanza, who will act as president, Mr Eric Teynier, an
arbitrator appointed by Montero and Mr Cecil W. M. Abraham, an
arbitrator appointed by the government of Tanzania. ICSID requires
that each party to the dispute make a deposit of US$ 150,000, after
which a first hearing to establish the procedural calendar for the
proceedings will be held within 60 days.
Montero’s Wigu Hill Rare Earth Element Retention
License was expropriated by the Tanzanian government in 2018 when
the Mining (Local Content) Regulations 2018, published on 10
January 2018, cancelled all previously issued Retention Licenses.
The Company commenced exploration activities on the project in
March 2008 under a prospecting license, before obtaining a
five-year retention license for the property in 2015.
Dr Tony Harwood, President and CEO of Montero
commented: “Acting in good faith, Montero made several attempts to
settle the dispute over Wigu Hill with the Tanzanian government but
without success. Therefore, I am pleased that the legal proceedings
are now underway. Montero is claiming damages as compensation for
the loss of the project since the Company’s discovery and
development of the rare earth deposit has created significant value
for Tanzania. Our legal counsel is confident that the process will
have a positive outcome for the Company, and we will provide
regular updates on the progress of the arbitration
proceedings.”
Montero filed a request for arbitration with the
ICSID on 8 January 2021. Subsequently, on 9 February 2021, ICSID
registered the Company’s request for the institution of arbitration
proceedings to resolve the illegal expropriation matter. Montero
initiated international arbitration proceedings through ICSID in
accordance with the Bilateral Investment Treaty between Canada and
the United Republic of Tanzania which protects investment
rights. The Company seeks compensation based on the damages it
suffered from the Tanzanian government’s acts and omissions.
Harwood says Montero is standing up for mining
and investment rights in Tanzania to protect its investors and help
promote a sound investment climate. “While we are pursuing this
claim for damages, the Company has divested from Africa to focus on
the exploration and development of its gold-silver and copper
metals projects in Chile, a tier 1 mining investment
destination.”
Montero is not permitted to comment on the
potential quantum of any claim for compensation for damages at this
point. The Company has obtained dispute funding from Omni
Bridgeway, a leading global dispute funder. Montero has retained as
legal counsel Mr Thierry Lauriol and his team at Jeantet AARPI, who
is highly experienced in international arbitration and has an
excellent track record of achieving successful outcomes for clients
in Africa. The Company has also retained the services of Dr Neal
Rigby of SRK Denver who will perform a valuation of Wigu Hill as an
independent technical expert. Dr Rigby has acted in this capacity
in many international mining disputes that have been resolved
through ICSID arbitrations.
For further information, please see the Montero
press release (PR119 dated 8 January 2021) and the ICSID website
(https://icsid.worldbank.org/services/arbitration/convention/process/overview).
Qualified Person's Statement
This press release was reviewed and approved by Mr. Mike Evans,
M.Sc. Pr.Sci.Nat., a qualified person for the purpose of National
Instrument 43-101. It has also been reviewed by Mr Thierry Lauriol,
avocat à la cour (Paris, France).
About Montero Montero is a
junior exploration company focused on finding, exploring, and
advancing globally significant gold, silver and base metal deposits
in Chile. Montero’s board of directors and management have an
impressive track record of successfully discovering and advancing
precious metal and copper projects. Montero trades on the TSX
Venture Exchange under the symbol MON and has 38,647,485 shares
outstanding.
For more information, contact:
Montero Mining and Exploration Ltd. Dr.
Tony Harwood, President and Chief Executive Officer
E-mail: ir@monteromining.com Tel: +1 416 840 9197 | Fax: +1 866 688
4671 www.monteromining.com
Neither TSX Venture Exchange nor its Regulation
Services Provider (as that term is defined in the policies of the
TSX Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
INFORMATION: This news release includes certain "forward-looking
information" within the meaning of applicable Canadian securities
laws. Forward looking information includes, but is not limited to,
statements, projections and estimates with respect to the Share
Consolidation. Generally, forward-looking information can be
identified by the use of forward-looking terminology such as
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performance, or achievements of Montero to be materially different
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information. Actual results relating to, among other things,
completion of the agreement, results of exploration, project
development, reclamation and capital costs of Montero’s mineral
properties, and financial condition and prospects, could differ
materially from those currently anticipated in such statements for
many reasons such as: an inability to complete the agreement on the
terms as announced or at all; changes in general economic
conditions and conditions in the financial markets; changes in
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competitive developments; technological and operational
difficulties encountered in connection with Montero’s activities;
and other matters discussed in this news release and in filings
made with securities regulators. This list is not exhaustive of the
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statements. These and other factors should be considered carefully
and accordingly, readers should not place undue reliance on
forward-looking information. Montero does not undertake to update
any forward-looking information, except in accordance with
applicable securities laws.
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