Less Ads, More Data, More Tools Register for FREE

Pin to quick picksENRC.L Share News (ENRC)

  • There is currently no data for ENRC

Watchlists are a member only feature

Login to your account

Alerts are a premium feature

Login to your account

Potash slump raises stakes in Russia legal battle

Tue, 12th Nov 2013 15:58

* Eurochem seeks $800 mln from London-listed Shaft Sinkers

* Seeks similar sum in Dutch suit from main shareholder IMR

* Claim "nonsensical and fabricated" - Shaft Sinkers

* IMR says will make robust defence

* Eurochem stands by investments despite potash price slump

By Douglas Busvine

MOSCOW, Nov 12 (Reuters) - Engineering firm Shaft Sinkers has dismissed as "nonsensical" an $800 million claimbrought by Russia's third-largest fertiliser firm over theflooding of a mineshaft that delayed a $4 billion potashproject.

The claim by Eurochem pits its owner - tycoon AndreiMelnichenko - against a trio of oligarchs from ex-Soviet stateswho indirectly control Shaft Sinkers.

Eurochem filed for arbitration in October 2012 in France andSwitzerland after terminating the contract in late 2011. It saysShaft Sinkers concealed evidence that the chemical sealants usedwould fail to keep groundwater out of the mine.

Shaft Sinkers, which is based in South Africa and listed inLondon, counters that Eurochem is motivated by a desire to avoidlosses after the collapse of a Russo-Belarussian sales cartel inJuly hammered global prices for the soil nutrient.

"I could agree with many commentators who suggest (that)given the collapse in the price of potash it is better to stopthe work, keep the potash in the ground and sue somebody," ChrisHall, chief financial officer of Shaft Sinkers, told Reuters.

The price slide may render potash investments uneconomic,analysts say, while fallout from Uralkali's exit fromthe Belarus alliance may force the sale of the Russian company,redrawing the competitive landscape.

Hall described the Eurochem claim as "nonsensical andfabricated", adding that it was "out of all proportion to thedisputed contractual issues". Shaft Sinkers declined to commenton the status of the arbitration, which is confidential.

Eurochem - seeking to become a leading global producer ofall three key soil nutrients: nitrogen, phosphates and potash -rejected Shaft Sinkers' statement as "demonstrably false".

Eurochem has launched a second case, suing Shaft Sinkers'main owner, International Mineral Resources (IMR), for a similarsum for alleged fraud in a Dutch court. IMR is wholly owned bythe founders of ENRC - Alexander Machkevitch, Patokh Chodiev andAlijan Ibragimov - and in turn owns 48 percent of Shaft Sinkers.

Kazakh-focused miner ENRC is delisting from Londonafter a buyout of minority investors led by the trio.

Melnichenko, 41, is estimated by Forbes magazine to have afortune of $14.4 billion. He owns a $300 million "megayacht"named "A" after his wife Aleksandra, a Serbian model and popstar turned society hostess.

SHAFT NOT SUNK

Eurochem in 2008 awarded a $342 million contract to ShaftSinkers to bore a 1,100-metre-deep "cage shaft" that would movemen and equipment to a seam of potassium salts at its Volgakaliymine.

The deal accounted for a large share of Shaft Sinkers' orderbook, enabling the company to float in London in 2010.

Shares in the company have slid 80 percent since the haltingof work on the shaft a year later and the start of litigation.

Volgakaliy is one of two Russian projects that Eurochem isdeveloping from scratch and wants to bring into production from2017. Combined annual potash output should be ramped up to 8.3million tonnes by 2022.

Eurochem based its October 2012 claim on the $160 million itsays it paid to Shaft Sinkers and an appraisal of the cost oflost output caused by a two-year delay. Shaft Sinkers has made a$15 million counterclaim for unpaid inventory.

The Dutch writ filed this year by Eurochem against IMRclaims that it and Shaft Sinkers were responsible for concealingan expert report that said its "grouting" method to seal theshaft would not work.

At a preliminary hearing on July 19, the Amsterdam DistrictCourt found that Eurochem's claim against IMR was well grounded,stating also that IMR effectively controlled Shaft Sinkers. Itgranted Eurochem the right to freeze IMR assets worth $1.2billion pending main proceedings in the case.

IMR declined to comment in detail but said it would make arobust defence in the main hearings on the case, for which nodate has yet been set.

CARTEL COLLAPSE

Eurochem has since restarted work on the Volgakaliy cageshaft and says it is committed to commissioning its two Russianexpansion projects - the other is the Usolskiy project in thePerm region - on schedule by 2017.

"These are very important long-term projects for Eurochem aswe continue to pursue our strategy to become one of the fewglobal players present in all three nutrients - nitrogen,phosphates and potash," Eurochem spokesman Vladimir Torin said.

Torin dismissed suggestions that Eurochem's Russian projectswere at risk from price declines resulting from the exit byUralkali from the Belarussian cartel that had controlledtwo-fifths of world potash sales.

Uralkali is unconnected to the Eurochem legal battle. Itsmain owner, Suleiman Kerimov, has declined through hisinvestment firm to comment on reports of a possible Uralkalisale.

Sector analyst Boris Krasnojenov, of Renaissance Capital inMoscow, has forecast that Uralkali's sale prices to China, on acost-and-freight basis, will fall to $300 per tonne in 2014 from$350 this year and $470 in 2012.

"No price collapse has occurred," Torin said. "TheVolgakaliy project is not scheduled to commence commercialproduction until mid-2017, by which time it is expected thatpotash prices will have further increased."

More News
27 Jun 2013 08:34

London open: Stocks gain ahead of busy day for economic data

The FTSE 100 looked set to deliver its third consecutive day of gains on Thursday as markets continued to rebound following some heavy falls over the last month. After a heavy fall on Monday to a fresh five-month low of 6,029, London's benchmark index has rebounded strongly over the last two sessio

Read more
27 Jun 2013 08:28

Broker snap: UBS downgrades ENRC after lower offer

UBS has downgraded its rating for mining group ENRC from 'buy' to 'neutral' and slashed its target price from 285p to 230p to reflect the latest offer by the firm's founding shareholders and the Kazakhstan government. Earlier this week, the consortium offered 234.3p a share for the miner, well belo

Read more
26 Jun 2013 14:50

Sector movers: Miners tumble as metals prices slide

Mining stocks were suffering steep losses on Wednesday as metal prices tumbled across the board owing to a stronger dollar and the increased likelihood that the Federal Reserve will soon 'taper' stimulus if economic data continues to improve. Stronger-than-expected US data released on Tuesday - in

Read more
26 Jun 2013 14:18

FTSE 100 movers: Financials rise, offset weakness amongst miners

Gains in the financial sector were offsetting falls in the mining sector on Wednesday as bargain hunters stepped in following recent falls. Aberdeen Asset Management, Schroders, Resolution and Prudential, four stocks that have been hit hard by market volatility over the last month, were among the to

Read more
26 Jun 2013 11:21

London midday: FTSE 100 up one per cent as sentiment improves

Strong US data out yesterday, improving consumer confidence in Germany and measures by the Chinese central bank to ease a credit squeeze, all combined to give markets a boost on Wednesday with London's FTSE 100 jumping one per cent by midday. Nevertheless, mining stocks were under pressure in morni

Read more
26 Jun 2013 08:51

London open: Stocks rise after German data and Chinese central-bank action

UK stocks opened with moderate gains on Wednesday morning as markets continued to claw back from their recent sell-off, with data from Germany and central-bank action in China providing some support early on. While Germany continues to trudge through the Eurozone recession, consumer confidence is

Read more
26 Jun 2013 06:46

Wednesday newspaper round-up: BoE, ENRC, Co-op Bank

Chancellor George Osborne has hit back after Bank of England Governor Mervyn King said Downing Street had applied political pressure on behalf of banks, The Telegraph reported. Osborne defended anyone's right to lobby for lighter regulation. He did not deny claims that he and Number 10 lobbied the c

Read more
25 Jun 2013 16:44

London close: Markets rebound strongly, Carnival jumps late on

The FTSE 100 rebounded strongly with a 1.2 per cent jump on Tuesday after coming close to its 2013 low the day before, as concerns over a liquidity crunch in China and reduced stimulus in the US eased, for the time being at least. London's benchmark index finished the session up 73 points at 6,102,

Read more
25 Jun 2013 15:09

FTSE 250 movers: Housebuilders rise after mortgage-approval data

House builders and construction stocks were performing well on Tuesday after the British Bankers' Association revealed that mortgage approvals for house purchase hit a 16-month high in May of 36,102. This was up from a revised 32,952 the month before, well ahead of the 33,200 consensus forecast and

Read more
25 Jun 2013 11:21

London midday: Stocks rise as policymakers speak out

The FTSE 100 rebounded strongly on Tuesday morning after falling to a fresh five-month low the day before, as policymakers from China and the US spoke out to downplay fears that have sparked market volatility over recent weeks. Renewed concerns over a slowdown in China and ongoing worries about a s

Read more
25 Jun 2013 08:31

London open: Stocks rebound ahead of key US data

UK markets opened with decent gains on Tuesday morning, rebounding after having closed at levels not seen since early January the day before. Renewed concerns over a slowdown in China and ongoing fears about a scaling back of stimulus in the States prompted another steep sell-off across global equ

Read more
25 Jun 2013 07:24

Tuesday broker round-up UPDATE

African Barrick Gold: Morgan Stanley reduces target price from 200p to 140p, while leaving its equal-weight rating unaltered. Deutsche Bank lowers target price from 153p to 137p leaving its hold recommendation unchanged. African Minerals: Deutsche Bank lowers target price from 586p to 570p, while k

Read more
25 Jun 2013 06:07

Tuesday tips round-up: Rio Tinto, ENRC, SEGRO

Rio Tinto's Chief Executive Officer, Sam Walsh, has abandoned plans to sell the group's diamond business after failing to attract a buyer willing to offer the two-billion-dollar price tag. Walsh is now faced with finding an alternative route to improve returns to shareholders to cut the miner's debt

Read more
24 Jun 2013 16:41

London close: Markets suffer another sell-off as sentiment remains fragile

Markets suffered another heavy sell-off on Monday, sending the FTSE 100 to levels not seen since the start of the year, as concerns over a slowdown in China and last week's Federal Reserve policy meeting continuing to hit markets across the globe. London's FTSE 100 finished the day down 87 points,

Read more
24 Jun 2013 14:13

FTSE 100 movers: Miners fall on concerns over Chinese slowdown

Mining stocks were again bearing the brunt of the market-wide sell-off on Monday on concerns over slowing growth in China after Goldman Sachs cut its growth forecasts for the powerhouse for this year and the next. Vedanta, Antofagasta, Glencore Xstrata and Anglo American were all registering moderat

Read more

Login to your account

Don't have an account? Click here to register.

Quickpicks are a member only feature

Login to your account

Don't have an account? Click here to register.