Legal process1 Nov 2024 13:40
My reading of the RNS is that EML is looking for 'cash compensation' for its investment, not for the EIA to be awarded. Below is c n p from RNS;
'Nevertheless, before proceeding to arbitration, Emmerson has, in good faith and in the spirit of cooperation, invited Morocco to engage in discussions regarding cash compensation for the damages incurred because of Morocco's breaches of the BIT, with a view to achieving an amicable resolution of the dispute.
If such discussions with Morocco are unsuccessful, Emmerson intends to submit a claim for arbitration under the BIT, seeking damages for the harm described above, plus interest, costs, and any such further relief as the Tribunal may deem appropriate in the circumstances.'
It is, imho, not possible to get the EIA awarded, by any legal process, since, as outlined yesterday, EML has not put forward a practical solution to the 'water' problem. For EML and us investors, the mine is dead. Again, reading between lines, in absence of BOD info., discussions with OCP re; a buyout or JV have not happened. Why would OCP want to to spend any cash on an outfit, that will be in VL in the not too distant future. The minerals will still be there, OCP will build a pipeline to the coast, water supply problem solved, and OCP will get EIA, King will be happy.
Will EML get compensation for its investment. Imho, No. Because any accusations that it was lied to, unless it has a signed piece of paper, saying water supply to mine will be in the hands of the Kingdom, then any, and all, accusations of falsehoods will be dismissed. It is certain that EML has not taken the EI seriously. Water has been a large environmental concern for sometime, and operating a mine that will, not may, have an impact on local supply of water, the EIA presentation, must include an adequate, and ongoing supply of water, without affecting local needs. EML has failed, miserably. It has now gone down the path I feared, of the BOD extracting every last penny from the coffers, leaving zilch.
I have, 'putting my money where my mouth is', sold all my holdings now.