Update on ICSID Arbitration against the Government of Tanzania for the Expropriation of the Wigu Hill project
April 12 2022 - 9:53AM
Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”)
provides the following update on the arbitration proceedings
against the United Republic of Tanzania
(“
Tanzania”) over Tanzania’s expropriation of the
Wigu Hill rare earth element project before International Centre
for Settlement of Investment Disputes’ (“
ICSID”).
The arbitral tribunal is composed of Dr Achille
Ngwanza, the President, Mr Eric Teynier, appointed by Montero and
Mr Cecil W. M. Abraham, appointed by Tanzania. It held its first
session together with the Parties on 17th January 2022, on which
procedural issues were discussed and agreed, including the timeline
of the proceedings.
On 18 February 2022 the arbitral tribunal issued
Procedural Order No 1, with a definitive timetable. Montero will
file its Memorial on the merits of its case and the valuation of
damages claimed in May 2022. The place of the arbitration is
Washington DC.
Montero has retained as legal counsel Mr Thierry
Lauriol and his team at Jeantet AARPI and Dr Neal Rigby of SRK
Consulting (US) Inc. as quantum expert. Dr Rigby has acted in this
capacity and as mining and valuation expert in many international
mining disputes that have been resolved through ICSID arbitrations.
Montero obtained dispute funding from Omni Bridgeway, a leading
global dispute funder.
Montero’s Wigu Hill Rare Earth Element Retention
License was expropriated by the Tanzanian government in 2018. The
Company has expended significant out of pocket costs on exploration
activities on the project since March 2008, and its exploration and
development of the project has created considerable value for
Tanzania. Montero initiated international arbitration proceedings
on the 8th January 2021 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.
Dr Tony Harwood, President and CEO of Montero
says: “While we are pursuing this significant claim for damages and
compensation, the Company has divested from Tanzania to focus on
the exploration and development in Chile, a tier 1 mining
investment destination.”
For further information, please see the Montero
press release (NR119 dated 8th January 2021 and NR132 dated 29th
November 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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and phrases or state that certain actions, events or results “may”,
“could”, “would”, “might” or “will be taken”, “occur” or “be
achieved”. Such information is based on information currently
available to Montero and Montero provides no assurance that actual
results will meet management's expectations. Forward-looking
information by its very nature involves inherent risks and
uncertainties that may cause the actual results, level of activity,
performance, or achievements of Montero to be materially different
from those expressed or implied by such forward-looking
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
demand and prices for minerals; litigation, legislative,
environmental and other judicial, regulatory, political and
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
factors that may affect any of Montero’s forward-looking
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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