RE: Parallels ?25 Jul 2024 11:06
Cameroon action:
Sundance and its subsidiary Cam Iron issued a Notice of Dispute with the Government of the Republic of Cameroon (“Cameroon”) as announced on 16 December 2020 to reinforce its legal rights to have a mining permit via a
Presidential implementation decree issued to Cam Iron.
Negotiations with Cameroon were progressing but following a visit to Cameroon by the Minister of Mines, Congo Pierre Oba and reporting on meetings that he had with senior Cameroon officials and the President of Cameroon
Sundance and Cam Iron decided to commence international arbitration via ICC (Paris) against Cameroon. This was announced on 2 June 2021.
In March 2022 Sundance was made aware that Cameroon, via the Presidency, was looking to issue the Mbalam permit to a government or other private entity.
Sundance initiated an emergency injunction via the ICC to prohibit Cameroon taking action on the permit.
An interim binding order was issued by the Emergency Arbitrator on 1 April 2022 which refrains Cameroon from issuing the Mbalam exploitation permit to any party other than Cam Iron till either the full arbitration against
Cameroon is completed or a full body of arbitrators reconsiders this position.
On 16 June 2022, Cameroon filed a request to annul the Emergency Arbitrator's interim order of 1 April 2022
(“Request”). This Request was heard by the Emergency Arbitrator on 5 July 2022 in front of legal representatives of Sundance/Cam Iron and Cameroon. On 20 July 2022, the Emergency Arbitrator issued his decision, in which he
declared that “… insofar as the Cameroon Request is admissible, it is without merit and accordingly [the Emergency Arbitrator] denies the Request in its entirety”
On 5 September 2022 Sundance announced that Cameroon had issued a Presidential decree on 17 August 2022 which issued an exploitation permit over the Mbalam iron ore tenement to an entity named Cameroon Mining
Company SARL. This decree is in direct contradiction to the orders issued by the ICC Emergency Arbitrator.
In December 2022, Sundance filed a Memorial of Claim (“Cameroon Memorial”) at the ICC against Cameroon. The
Cameroon Memorial included:
o factual background to the Project and the dispute;
o a detailed statement of the legal basis for each claim brought against Cameroon;
o a number of witness statements; and
o reports from several independent experts covering the value of the Project and demonstrating damages up to $US5.5 billion, depending on the iron ore price used.
However, on 21 January 2023, the Cameroon Minister of Mines, Mr Gabriel Ndoke, died suddenly in mysterious circumstances. This led to Cameroon requesting a delay in the arbitration proceedings. The ICC tribunal has granted a
final extension to Cameroon to file its defence by October 30, 2023. Sundance received a reply to the Cameroon Memorial from Cameroon on 30 October 2023. This is currently being reviewed and our reply is due the end