Ganfeng ...30 Sep 2024 13:11
Updates on Sonora Project in Mexico:
In January 2024, three controlled-subsidiaries of the Company incorporated in Mexico (the “Mexican Subsidiaries”) filed the annulment claims with the Federal Court of Administrative Justice in Obregón, Sonora City (“TFJA”) against the cancellation of nine lithium mine concessions. The legal counsels of the Company stated that the decision made by the Secretary of Economy in Mexico (“Secretary of Economy”) to maintain the mining concessions’ cancellations decision issued by the DGM is not the final outcome under Mexican law, and the TFJA will make its final decision. The legal counsels of the Company believe that the annulment claim filed by the Mexican Subsidiaries based on Mexican law, analogous precedent, and factual evidence may lead them to prevail before a neutral court, but they are still unable to make a judgment on the final outcome of the annulment claim.
In May 2024, Ganfeng International Trading (Shanghai) Co., Ltd., Bacanora Lithium Limited and Sonora Lithium Ltd., the controlled subsidiaries of the Company, initiated an arbitration proceeding before International Centre for Settlement of Investment Disputes (“ICSID”) in respect of a series of laws, regulations, and related measures issued by Mexico, which effectively nationalized lithium resources, impacted the operation of the project, and resulted in the cancellation of the mineral concessions held by the Mexican Subsidiaries. Recently, the Company received an email from ICSID confirming that the arbitration case has been officially registered, and ICSID has published relevant information about the arbitration on its official website. As of the date of this report, the Secretary General of ICSID has registered the arbitration. The next step is to constitute the tribunal and to brief the tribunal on the parties’ respective positions in written and oral phases. The hearing has not yet taken place and no decisions have been issued. The hearing of arbitration has not yet taken place and there is uncertainty in the decisions of arbitration and the actual amount of compensation. The Board will actively pay attention to the progress of the matter and fulfil its information disclosure obligations in a timely manner.
Moving forward at pace then !!