From ADVFN - Mogger any comment?22 Aug 2020 20:30
With regards to Ombrina Mare, I've noticed some comments regarding Rockhopper's due diligence when they acquired MOG and how that might affect an award if their arbitration is successful.
Correct me if I'm wrong, but when the law was changed in 2010 regarding offshore activities up to 12 miles from the Italian coastline, any applications that were already under review were exempt from that change in the law. This included Ombrina Mare because the FDP application was submitted in 2008 and had been partially approved already.
In fact the Ombrina Mare EIA was approved by the Italian environment ministry AFTER the MOG acquisition, in 2015. This is the RKH RNS from May 2015:
"The Environmental Impact Assessment ("EIA") of the Ombrina Mare Field Development Plan ("FDP") has been approved by the Minister for the Environment. The approval decree includes the 'Autorizzazione Integrata Ambientale' (Integrated Environmental Authorisation) ("AIA"). The decree now needs to be countersigned both by the Ministry of Cultural Heritage and then the Ministry of Economic Development in order for the Minister to be in a position to award the Field Production Concession."
If the Minister for the Environment was approving an EIA after the acquisition then I don't think much (if any) blame can be laid at Rockhopper's door.
So I don't understand why anybody would be expecting a 50% reduction on an award due to lack of due diligence. To me it looks like a pretty straightforward case for the ICSID in terms of liability. Quantum may be more awkward because further appraisal was planned which was expected to increase the 2C resources. The FDP was looking at 10,000bopd with potential upside as well. Perhaps somebody can explain if I've missed something?