RE: Bhukia resource upgraded in 2021 to 7.9Moz?31 Aug 2023 11:56
if anyone would prefer to read something more interesting than whether or not a gap will close, this is a fascinating case between an australian company called tethyan copper & the ****stan government;
https://www.iisd.org/itn/en/2019/12/17/tribunal-finds-****stan-breached-fet-expropriation-non-impairment-obligations-mining-joint-venture-with-australian-investor-tethyan-copper-company-tethyan-copper-company-v-****stan-icsid-arb-12-1/
it definitely has echoes of what happened with bhukia, with tethyan applying for a mining license in 2011 and being denied for what turned out to be illegal reasons. the reko diq mine makes bhukia's current size look small - it contains some 41.5moz gold and 24.1mt of copper! the end result was tethyan being awared $4.05b in compensation + pre award interest calculated from mid 2011 to 2019 which came to >$2.5b.
the pre award interest is another reason why it's not in the best interests of india to fight all the way to the iscid tribunal decision if the facts don't stack up in their favour (and with fasken + lcm having undertaken 1-2 years of dd i can't see how they will).
in the event of a £750m award, interest will likely be calculated from the point of breach until payment is made at the us prime rate rate, this currently sits at 8.5%... if this is determined as march 21 and the tribunal decision is finalized 3 years time, the total pre award interest due on the £750m would be ~£340m, taking the compensation award well beyond the £1b mark.
even today with prime rates have been 3.5% for 2021 and 5.7% in 2022, compound interest on an arbitrary £750m sits at >£100m.
this is why an early settlement, which includes a grant of the license, would appear to be favourite (and why lcm have insisted it's part of their t&c's for repayment).
in the meantime, the market makers / breakers will attempt to shake out weak hands.