Ontario Court of Appeal Sets Precedent for Asset Seizure by Stans Energy
May 05 2014 - 12:07PM
Business Wire
Stans Energy Corp. (TSX-V: HRE, OTCQX: HREEF), (“Stans” or the
“Company”) is pleased to announce that a recent Ontario court
decision in another matter involving another illegal expropriation
in the Kyrgyz Republic gives the Company some reassurance that
these international arbitration awards can be enforced locally, and
can help to satisfy an award Stans may be given by the arbitration
panel.
In a decision released April 15, 2014,
(SistemMuhendislikInsaatSanayiVeTicaretAnonimSirketi and Kyrgyz
Republic and Kyrgyzaltyn JSC) our Ontario courts ruled that the
Kyrgyz Republic had an “equitable or other interest” in shares of
Centerra Gold held by Kyrgyzaltyn and that such shares could be
seized in Ontario to satisfy an international arbitration award
made against the Kyrgyz Republic. In the Sistem case, on September 9, 2009, an arbitral
tribunal held that the Kyrgyz Republic was legally responsible for
the illegal expropriation of the Hotel Pinara and was ordered to
pay to Sistem $8.5 million US plus interest and costs. The arbitral
award was final and binding. Sistem sought to have the order
recognized and enforced in Ontario. On January 5, 2011, the Ontario
courts granted an Order recognizing and enforcing the award in
Ontario and ordering the Kyrgyz Republic to pay Sistem in
accordance with the arbitration award. After numerous motions based
on jurisdictional issues and substantive issues, it is now clear
that Kyrgyz Republic assets, such as Centerra Gold shares, may be
attached through the processes of the Ontario courts.
“Stans Energy is committed to working with the Kyrgyz Government
to negotiate a solution that will ensure the safety and security of
capital investment moving forward. This recent ruling by the
Ontario Court of Appeals paves the way for the company to enforce
redress should the result of ongoing government negotiations prove
fruitless,” states Interim-President and CEO, Rodney Irwin.
The Arbitration Court at the Moscow Chamber of Commerce is now
preparing a written ruling, which will detail the verdict and the
final damage amount. This process may take up to three months. Once
Stans will receive the written ruling, a press release will be
issued outlining those details.
BACKGROUND
On October 30, 2013, Stans Energy Corp. and its subsidiaries
filed a claim for arbitration under the Convention for the
Protection of Investor’s Rights to which Kyrgyzstan is a signatory.
The arbitration hearings were held at the Arbitration Court at the
Moscow Chamber of Commerce and Industry. On April 30, 2014 the
Court ruled in favour of the Company and is now preparing a written
ruling that will outline the reasoning behind the verdict and a
final amount to be awarded for damages to the Company.
The claim seeks $117,853,000 in compensation for losses and
damage.
About Stans EnergyStans Energy Corp. is a resource
development company focused on progressing Heavy Rare Earth (HRE)
properties in areas of the Former Soviet Union. In December 2009,
Stans acquired a 20-year mining license for the past-producing
Kutessay II rare earth mine from the Kyrgyz Republic. On May 26,
2011 Stans completed the purchase of the Kashka Rare Earth
Processing Plant (KRP) the same plant that previously refined REEs
historically from Kutessay II. The KRP was the only hard rock plant
to produce all rare earth elements outside of China, producing 120
different metals, alloys, and oxides. For over 30 years, Kutessay
II produced 80% of the rare earth metals for the former Soviet
Union.
We seek safe harbour.
Contact DetailsRodney IrwinStans
Energy CorpInterim - President & CEO647-426-1865
David VinokurovStans Energy CorpVP
Corporate Development647-426-1865
www.stansenergy.com
FORWARD LOOKING STATEMENTS: This document includes
forward-looking statements as well as historical information.
Forward-looking statements include, but are not limited to, use of
proceeds from the Offering, the completion of the Offering, the
continued advancement of the company's general business
development, research development and the company's development of
mineral exploration projects. When used in this press release , the
words “will”, “shall”, "anticipate", "believe", "estimate",
"expect", "intent", "may", "project", "plan", "should" and similar
expressions may identify forward-looking statements. Although Stans
Energy Corp. believes that their expectations reflected in these
forward looking statements are reasonable, such statements involve
risks and uncertainties and no assurance can be given that actual
results will be consistent with these forward-looking statement.
Important factors that could cause actual results to differ from
these forward-looking statements include the potential that
fluctuations in the marketplace for the sale of minerals, the
inability to implement corporate strategies, the ability to obtain
financing and other risks disclosed in our filings made with
Canadian Securities Regulators.
Stans Energy Corp.Rodney Irwin, 647-426-1865Interim - President
& CEOorDavid Vinokurov, 647-426-1865VP Corporate
Development
Stans Energy (CE) (USOTC:HREEF)
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