RE: I wonder how this will develop21 Dec 2022 01:28
Banner, the most recent arbitration award that I can remember seeing was in about August of this year, in which Rockhopper took the Italian government to arbitration.
https://www.lse.co.uk/rns/RKH/successful-arbitration-outcome-ghfoaxbww0fd2dx.html
Granted, Rockhopper are an oil & gas exploration/production company and not a mining concern (however, it could equally be argued that we are not a mining company either), but nevertheless it is an extractor of a natural resource, so there is a high degree of similarity to our potential (were it to get that far) arbitration claim.
If memory serves me correctly, the Rockhopper asset was not that significant (certainly nowhere near as valuable as our asset would be valued at we’re it to go into production), yet they still managed to secure an arbitration amount of circa 190 million Euros.
For the sake of accuracy, the award is currently under appeal by the Italian government, but this appeal is credibly believed to just be a delaying tactic with little if any hope for success.
Nevertheless, I do feel that it indicates an alternate arbitration award to that portrayed in your post, in which the award was both at a level far in excess of any sunk costs in readying the asset for production, and was also a not inconsiderate amount for an asset that had a significantly lower revenue potential than our asset would likely have.
Interesting point that you make regarding the domiciled country of the company’s holding the licenses.
Given that the holding companies are domiciled in Mexico could it be argued that the production from those companies are indeed already encapsulated under the T-MEC treaty, and as such there could be no legal argument that the JV bringing Sonora online would be out with that treaty ?
That in itself may allow AMLO an opportunity to save face were the Sonora development be permitted to proceed unencumbered, yet still allow the commitments/promises made to be met, and preclude them from being in breach of their existing constitution regarding previously awarded mining licences.
I agree with you, with the scant hard facts available to all just now, and with there being total radio silence from our B.o.D., that any discussion on here, from any of the posters, is nothing more than conjecture.
Though that in itself should not be a bar for discussions to occur, as only through discussion do we learn, and permits everyone to express their viewpoints, whether we agree with them or not.
Subject that is, that the discussion is conducted in a courteous and civilised manner, whereby the topic under discussion is discussed (and given the recent World Cup final that has just been completed, it is excusable to paraphrase here …… “play the ball, not the man”.
IMHO