RE: Michael Collins TF makes the case23 May 2022 13:00
The issue with Rockhopper and Italy is that Rockhopper have won and are entitled to compensation but the question now is how much compensation will they get. That is what we will know by July.
The current situation is that Rockhopper are claiming $350m even though they only spend about $45m so they are looking for about an 8x uplift from the costs based in the main, on lost profits.
Based on those percentages, Providence has spent about $200m costs which can be recouped from taxes due for payment on Barryroe so if Rockhopper are successful and get the full whack, Providence can make a claim for about $1.6billion for all the profits it has lost .
So we will know in July how the land lies and because the Rockhopper case was held by the ISDS and "Based on the ISDS data, it is clear that investors in the European Union are by far the most active users of ISDS".
Where are ISDS tribunals located?
"ISDS tribunals are mostly established within the World Bank International Centre for Settlement of Investment Disputes? (ICSID), the Permanent Court of Arbitration? (PCA), the International Chamber of Commerce? (ICC) and the Stockholm Chamber of Commerce? (SCC)."
And, on the basis of precedent, Providence will have a good chance of winning. I note:
"In Rockhopper v. Italy the claim for damages could run to between US$200–300 million. The company is aiming to recoup both existing expenditure on the project and anticipated profits, an approach for which there are several favourable precedents to be found in previous awards under ISDS provisions."
All we need to know is how much Rockhopper wins given that most of its claims is lost profits over its investment whereas Providence has already sustained large costs. And if Providence wins this, how many other license holders, who have been paying the government for years for their licenses can claim in compensation.
July could be a very interesting month for us and a real poke in the eye for Ryan and associates as you can be sure this government will run for cover like the scared rabbits they are but with EU law up their noses they will have nowhere to run.