Posted in: commodities-and-mining
RE: Frontera Archive18 Aug 2020 01:36
Posted Looed on the 6th August :-
Pt.2
J1 - What is written in the arbitral decision is the most interesting issue. Especially since you are also calling on the government to uphold the arbitral decision, the government on the contrary is urging you to uphold the arbitral decision and publish what you are not doing and the government is not doing. By the way, the latest statement from the agency says that if you do not publish, they will consider the silence as consent and will publish it themselves. What is written in this report?
Zaza - This is a very interesting explanation, legal or contractual, to perceive silence as consent. Such a thing does not happen. How to get silence as a sign of consent is unclear. However, we are not against the publication of this conclusion, but for publication it is necessary to go through several legal formalities. what does this mean? This 152-page report contains a lot of personal information, commercial secrets, technical details that the various parties mentioned in this 152-page document should legally agree with them, and as soon as this period is over within the next few weeks ...
J1 - So you are planning to publish it?
Zaza - Of course.
J1 - Can you at least share some details of what the final conclusion is, because we hear from the government that the state has won the dispute against Frontera, we hear from you that there is no legal basis for termination of the contract. Actually, these are 2 completely opposite statements. What conclusion can we, the community, draw, who are not familiar with this contract?
Zaza - You mentioned the state and the state lost, Georgia lost, Frontera lost, the State Oil and Gas Corporation lost, and the country in general lost because ...
J1 - That’s in terms of investment, though at the contract level who lost?
Zaza - Neither 99 nor 1, nor 60 or 40% is mentioned anywhere in the contract itself. These are fictitious figures, I can not tell you what they are calculating, but the main point is this - the main 14 complaints filed by the Georgian government against us in the Stockholm Arbitration were. The main requirement of these 14 claims was that the contract be terminated for us ostensibly due to a permanent breach of contract terms, which was not upheld by the arbitral tribunal. The second claim, also the most important, was that we were fined about GEL 320 million for our government for allegedly breaching the terms, which was also not upheld by the arbitration. Arbitration did not satisfy 12 out of 14, but did satisfy 2. Now what are these 2 requirements? One is to pay an subsoil fee of about $ 200,000, which we have been paying in advance for 22 years and have no plans to appeal. And secondly, the arbitration ordered us to return the territories where we do not carry out exploration and extraction work to the Ministry of Economy.