Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”) is
pleased to announce that it has engaged Timothy Foden of Boies
Schiller Flexner (UK) LLP to act as co-counsel alongside Jeantet
AARPI ("
Jeantet”) in the ongoing arbitration
against the United Republic of Tanzania
(“
Tanzania”). The Company also provides an update
on the arbitration proceedings over the expropriation of the Wigu
Hill rare earth element project (“
Wigu Hill”)
before the International Centre for Settlement of Investment
Disputes (“
ICSID”).
Timothy Foden is a renowned mining arbitration
lawyer with significant experience in claims against sovereigns
concerning resource nationalism. Most relevantly, this year he led
two ICSID hearings in relation to Tanzania’s expropriation of
Retention Licences. He also led several negotiations with the
Solicitor General and the Special Presidential Negotiating Team.
Mr. Foden and Jeantet will work together in the preparation of the
Reply Memorial, and he will lead the advocacy of Montero’s case
during the hearing on the merits. Mr. Foden’s experience in cross
examining Tanzania witnesses and background information will
significantly reduce costs and increase the effectiveness of the
Montero’ s presentation of its case.
In May 2022 Montero submitted its Memorial on
the Merits (“Memorial”) to the ICSID arbitral
tribunal. This contains the basis for the CAD$ 90 million
compensation claim plus interest that continues to accrue. The
damages claimed are for the unlawful expropriation and mistreatment
of Montero’s investment in Tanzania which is in breach of the
Agreement for the Promotion and Reciprocal Protection of
Investments (“BIT”) signed between Canada and
Tanzania in 2013.
On October 24, 2022, Tanzania submitted its
Counter-Memorial on the Merits of the Memorial
(“Counter-Memorial”). On review the response and
arguments provided by Tanzania was not unexpected and our legal and
technical team remain confident on the outcome of damages claim
before the ICSID arbitral tribunal.
Dr Tony Harwood, President and CEO of Montero
commented: “I am pleased to welcome Tim Foden to the legal team and
to capitalize on his experience in legal proceedings against
Tanzania. Montero has submitted a transparent and thorough claim
against the government of Tanzania seeking damages of CAD$ 90
million plus interest for expropriation of Montero’s Wigu Hill REE
Project. Montero created significant value exploring and developing
Wigu Hill where rare earth element prices are high and in great
demand. Montero remains committed to the ICSID process and
confident of a positive outcome for our shareholders.”
Next StepsOn June 1, 2023,
Montero will file its reply to Tanzania’s Counter-Memorial and
Tanzania will file its rejoinder on September 1, 2023.
For further information, please see Montero’s
recent press releases (PR137 dated 28 July 28 2022, PR134 dated 12
April 2022, PR132 dated 29 November 2021, and PR119 dated 8 January
2021) and the ICSID website
(https://icsid.worldbank.org/services/arbitration/convention/process/overview).
Background to ClaimsMontero
commenced exploration activities on the Wigu Hill Rare Earth
Element project in March 2008 under a Prospecting License and spent
over CAD$ 15.5 million on exploration works in the discovery and
development of the project. In 2015 a five-year Retention License
was awarded by the Tanzanian Government on the property. This
Retention License was expropriated by the Tanzanian Government in
2018 when the Mining (Local Content) Regulations 2018, cancelled
all previously issued Retention Licenses. Montero has made repeated
attempts to reach an amicable solution with the Government with no
success since that date. Montero filed a request for arbitration
with the ICSID on January 8, 2021, in order to preserve its rights.
On February 9, 2021, ICSID registered Montero’s request for the
institution of arbitration proceedings to resolve the illegal
expropriation matter. The arbitral tribunal was constituted on
November 18, 2021, with the appointment of the President, and
appointees from Montero and Tanzania.
Montero has retained Mr. Thierry Lauriol of
Jeantet AARPI and Mr. Timothy Foden of Boies Schiller Flexner (UK)
LLP as legal counsel and Dr. Neal Rigby of SRK Consulting (USA)
Inc. as quantum expert and has also secured dispute funding from
Omni Bridgeway, a leading global dispute funder.
Montero is one of a number of companies that
have filed arbitration procedures with ICSID against Tanzania for
the expropriation of Retention Licenses. ASX listed Indiana
Resources Limited (https://indianaresources.com.au) has a claim of
AUD$ 127 million for the loss of the Ntaka Hill Nickel Project and
completed its evidential hearing on February 2, 2023. TSX-V listed
Winshear Gold Corp. (https://winshear.com) has a claim of CAD$ 124
million for the loss of the SMP Gold Project and completed its
evidential hearing on February 16, 2023.
The ICSID Convention has been ratified by 158
States, including Tanzania. An award issued by an ICSID tribunal is
enforceable in any one of those 158 member States as if it were a
judgment of one of their own courts. Partly because of this, States
often comply voluntarily with the payment terms of such awards.
Qualified Person’s
StatementThis 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) and Mr.
Timothy Foden of Boies Schiller Flexner (UK) LLP.
About MonteroMontero 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 OfficerE-mail:
ir@monteromining.comTel: +1 416 840 9197 | Fax: +1 866 688
4671www.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
“plans”, “expects” or “does not expect”, “is expected”, “budget”,
“scheduled”, “estimates”, “forecasts”, “intends”, “anticipates” or
“does not anticipate”, or “believes”, or variations of such words
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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