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Sinopec's Addax loses court ruling on Gabon oil licence-document

Fri, 13th Sep 2013 15:39

* Court rejects list of Addax demands

* Some Chinese investments in West Africa at risk

* Gabon says Addax had tried to reoccupy field

* Proceedings, negotiations continue in $1 bln dispute

By Emma Farge

LONDON, Sept 13 (Reuters) - Addax Petroleum, owned by topChinese refiner Sinopec , has lost a rulingat an international tribunal as part of a $1 billion legalbattle over an oilfield in Gabon, a confidential documentshowed.

The International Chamber of Commerce's arbitration court,in its first decision in the dispute, rejected a request byAddax to resume operations at the field and prevent Gabon fromselling the licence to a third party.

But the Paris court's decision does not necessarily meanthat Addax, which accounts for around a third of Sinopec'soverseas oil production, will lose its claim for $330 million aspart of the ongoing proceedings. The company said it could winother important claims, but did not elaborate.

Addax, in a statement to Reuters, confirmed the court haddenied its request for provisional measures to maintain a"certain status quo" while the arbitration continued.

"This decision however has no bearing on the main claims ofthe parties and does not constitute a decision on the disputesthat triggered the arbitration," said Addax, which started thearbitration last December.

Sinopec did not respond to requests for comment onFriday.

Gabon took over the Obangue field in January, after alleginga breach of contract, in a case closely watched by investorsahead of a planned licensing round in the Central Africanproducer before the year-end.

The dispute has also raised broader questions about thefuture of Chinese interests in the region, after some projectsowned by other Chinese firms were placed under review.

The latest ruling, dated Sept. 10 and seen by Reuters,showed that the court found there were no grounds to approve alist of "emergency interim measures" submitted by Addax in Aprilas the contract between Gabon and Addax had expired.

An ICC official declined to comment on the case.

"We hope that this very positive result will put an end tothe press campaign wrongly suggesting that the legal position ofthe Republic of Gabon is weak," said Jean-Georges Betto, partnerof lawyer Betto Seraglini, acting for Gabon's government.

NEGOTIATIONS

According to allegations made by Gabon in the courtdocument, Addax in June tried to reoccupy the disputed field,surrounded by dense inland forest, and Gabon responded bysending in a police unit.

Shortly afterwards, Addax sent a team of senior officialsincluding Chief Executive Yi Zhang to negotiate with thegovernment, according to sources familiar with the talks.

A source close to the government in Libreville saidnegotiations on the future of Addax in Gabon, where the companyalso has exploration activities, would resume in September.

He added that the last set of negotiations had stumbled overAddax's refusal to withdraw its legal complaint before thecourt.

"The Addax Petroleum group always prefers dialogue overlitigation and we are pleased to confirm that discussions withthe government are ongoing to ensure that the parties' commonobjective to find an amicable resolution of all disputes betweenthem will be achieved shortly," the company said.

The court document showed that Gabon in November asked oilfirms Total Gabon and Shell Gabon, which have contracts to buyoil from the field, to stop making payments to the Chinese firmand to send the money instead to a Libreville bank account.

Addax informed Gabon's oil minister in the same month that,because of the lack of cash flow, it would have to shut downoperations at the field.

Addax had sought to lift the ban on payments but this wasalso rejected by the court.

Shell declined to comment and Total didnot respond to a request for comment. They are two of thebiggest oil producers in Gabon.

Gabon conducted audits in 2011 and 2012 of the hydrocarbonssector, which pumps around 240,000 barrels per day and accountsfor 80 percent of the country's export earnings.

Its newly formed Gabon Oil Co has sought a greater role inthe industry and is seeking a stake of up to 15 percent in oilblocs owned by foreign firms.

Separately, other Chinese firms have also faced challengesin Africa in recent months.

Gabon put China Machinery Engineering Corp's Belinga iron ore project on hold in 2012 and introduced ayear-long audit, a U.S. State Department report on Gabon'sinvestment climate in 2013 showed.

Gabon is negotiating with CMEC but will likely bring inother miners and could break up the vast concession, accordingto Gabon's deputy minister for the economy.

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