Montauk Metals Provides Update on Arbitration Process
September 01 2023 - 3:12PM
Montauk Metals Inc. (TSX-V: MTK) (the “
Company” or
“
Montauk”) today announces that further to its
news releases of March 27, 2018, February 25, 2019, February 10,
2020, and November 23, 2021, the arbitration brought by the Company
against the Republic of Colombia (the
“
Arbitration”) to enforce the Company’s rights to
compensation under the Canada-Colombia Free Trade Agreement (the
“
FTA”) has been suspended pending a resolution of
funding the costs of the arbitration panel.
The Arbitration is being conducted in two
phases. Phase One is a determination of jurisdiction and liability
issues. Phase Two is a determination of damages, discovery
jurisdiction and liability as found. Montauk contends that Colombia
breached its obligations owed to Montauk, including specific
obligations under the FTA. The claims include Colombia’s refusal or
failure to compensate the Company for the losses incurred as a
consequence of Colombia’s prohibition of mining in the páramos
(high altitude eco-systems).
Montauk is currently reviewing the status of the
Arbitration and the merits of pursuing further funding to
recommence the Arbitration. The final outcome of the Phase One
Arbitration and the eventual outcome of the Phase Two Arbitration
cannot be predicted at this time. Certain costs of the proceedings
including legal and arbiter costs have exceeded the original
estimates and the Company has also had to pay Colombia’s half of
the arbiter fees. The total cost to obtain a final resolution to
the Arbitration is unknown at this time; however, the Company
expects that the cost would be a minimum of US$400,000 to conclude
the Phase One jurisdiction and liability ruling. The Company has a
cash balance of approximately $100,000 and is contesting $473,000
in legal fees representing a portion of the legal fees it has paid
to date.
The Company is very mindful of balancing the
potential for reward against the cost of share dilution arising
pursuant to a financing. There can be no assurance that the Company
will proceed with the Arbitration at this time given the need for a
financing. Management of the Company has not been successful in
sourcing funding from institutional, individual or litigation
funding investors. In particular, several litigation funding groups
have been approached and there has been no interest to support the
Arbitration at this time. The Arbitration will be dismissed by
November 9, 2023, if no decision is made to proceed and to continue
funding the costs. The Company will continue solicit funding, but
there can be no guarantee that the Company will be able to obtain
funding on commercially attractive terms or at all. Management of
the Company will continue to provide updates on material
developments of the status of the Arbitration.
Montauk Metals Inc.Robert SuttieChief Financial
Officer416-848-6865www.galwaygoldinc.com
Cautionary Note Regarding
Forward-Looking Statements: This News Release includes
certain “forward-looking statements” which are not comprised of
historical facts. Forward-looking statements include estimates and
statements that describe Montauk’s future plans, objectives or
goals, including words to the effect that Montauk or management
expects a stated condition or result to occur. Forward-looking
statements may be identified by such terms as “believes”,
“anticipates”, “expects”, “estimates”, “may”, “could”, “would”,
“will”, or “plan”. Since forward-looking statements are based on
assumptions and address future events and conditions, by their very
nature they involve inherent risks and uncertainties. Although
these statements are based on information currently available to
Montauk, Montauk provides no assurance that actual results will
meet management’s expectations. Risks, uncertainties and other
factors involved with forward-looking information could cause
actual events, results, performance, prospects and opportunities to
differ materially from those expressed or implied by such
forward-looking information. Forward looking information in this
news release includes, but is not limited to, the status of the
Arbitration, the mertisand the associated costs of continuing the
Arbitration and the availability of funds and the potential share
dilution. Factors that could cause actual results to differ
materially from such forward-looking information include, but are
not limited to the inability to reinstitute the Arbitration for any
reason, costs of the Arbitration for amounts which are in excess of
anticipated amounts, an inability to fund the Arbitration on terms
which are economic or at all, an inability on the part of the
Company to succeed on Phase One and Phase Two of the Arbitration
and the resulting failure to recover damages in respect of the
termination of the Reina de Oro project with a complete loss of all
costs incurred in respect of the Arbitration, any change in the
legal landscape which could render the Company’s pursuit of the
Arbitration more or less promising, any change in the legislation,
policy and/or jurisprudence of Colombia and/or Canada which could
impact the ability of the Company to recover damages in respect of
the termination of the Reina de Oro project, political risks,
uncertainties relating to the availability and costs of financing
needed in the future, changes in equity markets, inflation, changes
in exchange rates, fluctuations in commodity prices, and those
risks set out in Montauk’s public documents filed on SEDAR.
Although Montauk has attempted to identify important factors that
could cause actual actions, events, or results to differ materially
from those described in the forward-looking information, there may
be other factors that cause actions, events, or results not to be
as anticipated, estimated, or intended. There can be no assurance
that forward-looking information will prove to be accurate. The
forward-looking information contained herein is presented for the
purposes of assisting investors in understanding Montauk’s plans,
objectives, and goals and may not be appropriate for other
purposes. Accordingly, readers should not place undue reliance on
forward-looking information. Montauk does not undertake to update
any forward-looking information, except in accordance with
applicable securities laws.
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.
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