RE: Underestimated value of ICC 2 claim10 Jan 2025 16:48
An unfavourable ICC 2 outcome might have limitations that aren't as severe as they first appear. I wouldn't take this too seriously, it's just a little bit of soft comfort for those reluctant to dip their toe.
While a positive result for ICC 2 seems likely, there really is no guarantee of success. With limited concrete input regarding the planned court strategy, it is extremely difficult to evaluate the depth of the potential damage we would face from a complete legal collapse. One approach is to estimate how much physical equity we had before it was unlawfully taken from us. The other is to estimate where our present position is, in view of the potential $52m interest claim.
We were producing about 450 barrels of oil per day. That would have been 680 barrels per day if the Tunisian Ministry hadn't refused to approve the purchase of KUFPEC's 22.5% stake in the Sidi El Kilani concession. When we acquired the three Tunisian concessions in 2019/21, they included various-sized storage facilities, with the largest holding 200,000 barrels of oil. To my recollection, on the 26th January 2022 we held 114,000 Barrels of oil in storage, along with two "liftings" (shore-to-ship transfers) April 2021 and Jan 2022. The first was willingly paid for by ETAP, while the second appears to be the ETAP $6.2 million ICC 1 non-payment. Since then, we assumed that oil continued to accumulate. However, no evidence has been shown to validate this. The question is, how much oil did we have in storage?, and at what point did the Tunisian Ministry of Hydrocarbons unlawfully take over production? This is crucial in determining the extent to which the ICC 2 case could go against us.
For instance, all the oil known to be stored by Zenith before it was unlawfully taken can be verified through the Ministry's daily hydrocarbon records. If the storage tanks were continuously filled, Zenith could claim a minimum of 200,000 barrels of oil ($17m, under the same conditions set in the ICC 1 case.
As a worst case scenario, Zenith shareholders would very nearly double our present market cap. This is the minimum we would receive from the ICC 2 case if everything else collapsed. My guess is that a good deal more than 200,000 barrels of oil were produced, on top of the 114,000 barrels already in storage during the almost three year period.
In answer to our present position regarding the $52m interest charge. This poses another question. Is the rumour from Ladyofaim true or not?. It is of course coincidental that our claim, now potentially raised to $182m, is almost exactly the same as the rumoured figure of $180m settlement. It certainly makes sense. The Tunisians could be restricted because they cannot be seen to acknowledge validating, the ICSID 3 case. By paying more than the ICC 2 - $182m, they are admitting partial liability in ICSID 3. Where does this leave us?. It looks like a cross table stalemate. I'm still for a settlement.
My own opinion only - all guesswork. DY