RE: LCM - GreenX Metals28 Aug 2023 14:44
A BIT claim would mean that the gov't need to prove they've tried to reach an agreement.
Article 12, point 1-4 of the BIT:
"Any dispute between an investor of one Contracting Party and the other Contracting Party in relation to an investment of the former under this Agreement shall, as far as possible, be settled amicably through negotiations between the Parties to the dispute. 2. Any such dispute which has not been amicably settled may, if both Parties agree, be submitted; (a) for resolution, in accordance with the law of the Contracting Party which has admitted the investment to that Contracting Party's competent judicial or administrative bodies; or (b) to international conciliation under the Conciliation Rules of the United Nations Commission on International Trade Law. 3. Should the Parties fail to agree on a dispute settlement procedure provided under paragraph 2 of this article or where a dispute is referred to conciliation but conciliation proceedings are terminated other than by signing of a settlement agreement, the dispute may be referred to Arbitration."
Market value is calculated based on the market value of when the asset was seized. So in our case it should be based on 6.6moz of gold in ground. PAT was offered a deal many years ago where we retain 49% ownership which we declined. I do not believe that offer would satisfy the BIT, but can't say for certain. Mark's current attempt at reaching a deal would satisfy the BIT. If they don't give us a good deal, we invoke the arbitration.
From the BIT:
"The compensation referred to in paragraph 1 of this Article shall be computed on the basis of the market value of the investment immediately before the expropriation or impending expropriation became public knowledge. Where that value cannot be readily ascertained, the compensation shall be determined in accordance with generally recognised principles of valuation and equitable principles taking into account the capital invested, depreciation, capital already repatriated, replacement value, and other relevant factors. "
I.e based on the market value of at least 6.6moz gold and 160,000t copper. We have a good chance of getting a deal now that we have funding for Fasken.