Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”)
provides the following update on the move in Montero’s share price.
Montero has a fully funded arbitration case underway for the
expropriation of its Wigu Hill rare earth element project against
the United Republic of Tanzania (“
Tanzania”). The
hearing on the merits in Montero’s arbitration proceedings will be
held in December of 2023 in Washington DC. On July 14, 2023,
ASX-listed Indiana Resources Ltd (ASX:IDA)
(“
Indiana”) announced it has been awarded US$
109.5 million in its International Centre for Settlement of
Investments Disputes (“
ICSID”) arbitration case
against Tanzania in addition to an order for Tanzania to repay US$
3,859,161 in legal costs and expenses. Indiana’s arbitration
proceedings were concluded in early February of 2023.
Indiana previously held the Ntaka Hill Nickel
Project under Retention License, which was unlawfully expropriated
by Tanzania, in breach of the Bilateral Investment Treaty
(“BIT”) between United Kingdom and Tanzania.
Details of the judgement can be found in Indiana’s news release:
https://cdn-api.markitdigital.com/apiman-gateway/ASX/asx-research/1.0/file/2924-02687624-6A1158735?access_token=83ff96335c2d45a094df02a206a39ff4
Montero’s dispute with Tanzania is also subject
to ICSID arbitration. Montero seeks compensation in excess of CAD$
90 million for the loss of its investment in Tanzania (including
interest which continues to accrue). Montero is also seeking
reimbursement of its arbitration costs and fees by Tanzania. The
damages claimed are for the unlawful expropriation of Montero’s
investment in Tanzania which is in breach of the BIT between Canada
and Tanzania.
Montero is represented by Timothy Foden of Boies
Schiller Flexner LLP and Mr. Thierry Lauriol of Jeantet AARP.
Timothy Foden is leading the ICSID arbitration for Montero and
represented Indiana in their successful case. Montero has retained
Dr. Neal Rigby of SRK Consulting (USA) Inc. as quantum expert with
full dispute funding secured from Omni Bridgeway, a leading global
dispute funder.
Dr Tony Harwood, President and CEO of Montero,
commented: “I am pleased that the ICSID tribunal in the case of
Indiana versus Tanzania has recognised the damage done to Indiana’s
shareholders, investors, and companies after Tanzania unlawfully
expropriated Retention Licenses. Value is created by exploration
and development using investor funds and professional expertise
that companies (Montero) legitimately brought to Tanzania. Montero
is seeking to recover its investment and damages due to the loss of
its Wigu Hill Retention Licenses. The arbitration hearings will be
held in December of 2023 after which an award will be
rendered.”
For further information, please see Montero’s
recent press releases (PR140 dated 25 April 2023, 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).
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.
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$ 17 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
2019 when all previously issued Retention Licenses, which had been
cancelled by the Mining (Local Content) Regulations 2018, were put
to tender. Montero has made repeated attempts to reach an amicable
solution with the Government of Tanzania with no success since that
date. Montero filed a request for arbitration with the ICSID on
January 8, 2021. 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.
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.
DisclaimerWhile the facts and
the grounds of the Indiana case are similar to those of Montero’s,
the cases are heard by different tribunals, which does not
guarantee the same outcome for Montero’s case.
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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