RE: RDB Vote11 Jan 2024 19:15
South Sudan
South Sudan is an interesting one. It is unclear as to how much progress has actually been made, but Andrea himself said in his December interview that the two MOUS that have been signed were stepping stones to much larger goals rather than an end in themselves.
He was very clear in his interview that Zenith is continuing his long-stated aim of trying to acquire marginal fields that the super-majors are trying to dispose of. He even went as far as to state that it is fields operated by CMPC and Petronas (who want to leave the region) that he is looking to acquire.
It is an interesting new technique that he is trying in South Sudan. Obviously, with the Yemen deal that fell through last year he had a deal in place to acquire the Yemeni assets from OMV but the deal was vetoed by the Yemeni political establishment. It seems that he has learned from this experience and this time he is going about things the other way round; trying to build bridges with the Sudanese oil and gas deal ministries before attempting to acquire an asset. It makes sense as a strategy and hopefully something will come of it. I particularly like the phrase he sued when he said: “This MOU proves our ability to transact there, to be recognized, to be liked, and in a way that will help us go for much bigger projects”.
Arbitrations vs Tunisia
The three arbitrations against the state of Tunisia and the Tunisian national oil company for breaking the terms of the Tunisian licenses are continuing. The value of these is $140.5 million and it seems like Zenith have an extremely strong case since they were permitted to sell oil until they were not.
This action by the Tunisian government is a clear breach of their legal and contractual obligations. Zenith Energy had a legitimate agreement in place, which allowed them to sell the oil they produced in Tunisia. However, the government's sudden decision to halt this process has cost Zenith a lot of money and it is clear that compensation is warranted. Imagine how different the status of the company would currently be if they were still brining in between $15-20 million in revenue from these assets?
One advantage that Zenith Energy has is that these arbitrations are international in nature. This means that the judgments made in these cases can be enforced on nation states, including the Tunisian government. This is a significant advantage, as it ensures that Zenith Energy has a greater chance of receiving a favourable outcome. This has been reflected in the fact that they have already been granted an award of €120,000 in costs for the ICC in the case against ETAP.
Obviously, the arbitrations are not going to be concluded quickly and I imagine that it will be 2025 before the cases are finally ruled on. However, it does seem as if Zenith have a very good chance of winning and being awarded some or all of the money that they are claiming.