Found the RNS which Bolton specifically refers to Cairn Energy6 Aug 2021 01:38
Thu, 18th Feb 2021 07:05
RNS Number : 5506P
Panthera Resources PLC
18 February 2021
18 February 2021
Panthera Resources Plc
(Panthera, PAT or the Company)
Fasken to Advise on Investment Treaty
Panthera Resources Plc (AIM: PAT), the diversified gold exploration and development company with assets in West Africa and India, is pleased to announce the appointment of Fasken to advise the Company on a potential dispute with the Republic of India concerning the Bhukia Joint Venture Project (Bhukia).
Fasken is a highly reputable international law firm with extensive experience in international arbitration and dispute resolution, particularly in the mining sector. India has various obligations under the Australia-India Bilateral Investment Treaty of 26 February 1999 (ABIT), as a host state.
The Company made its initial investment in Bhukia, through its 95% owned Australian subsidiary, Indo Gold Pty Limited, in 2005. The Company's rights to be granted a Prospecting Licence over Bhukia, through its joint venture partner, by the Government of Rajasthan (GoR) have been consistently frustrated over an extended period. More recently, the Prospecting Licence Application over Bhukia was again rejected by the GoR in August 2018 on various spurious grounds. The Company subsequently obtained an interim Stay Order from the Rajasthan High Court which continues to remain in place with the matter subject to ongoing proceedings in the High Court of Rajasthan.
In addition to the above, Fasken will review and advise the Company on its potential dispute under the Australia-India Bilateral Investment Treaty of 26 February 1999 (ABIT) in relation to Bhukia, which includes past, present and any future acts and/or omissions by India and its state entities and actors.
Mark Bolton, Managing Director of Panthera, commented:
"The Bhukia project is an outstanding Tier 1 undeveloped gold project and significant asset of your Company.
Following the recent successful US$1.2 billion international arbitration award in favour of Cairn Energy Plc against the Government of India conducted under a similar bilateral investment treaty, it is essential that Panthera consider all of its rights pertaining to its investments in India.
Today's appointment of Fasken is the first step to consider our options available to exercise our legal rights under the ABIT. Under ABIT, the compensation may be computed on the basis of the market value of the investment.
The Company nevertheless remains committed to an amicable and timely resolution of the dispute through negotiations. In this regard, the Company has and will continue to engage in good faith dialogue with both the Governments of Rajasthan and India in order to develop Bhukia upon being granted the Prospecting Licence and deliver employment and tax revenues to the people of India as well as returns to our investors.
The Company will provide a