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Arbitration update

30 Oct 2014 07:00

RNS Number : 6819V
Churchill Mining plc
30 October 2014
 

30 October 2014

AIM: CHL

CHURCHILL MINING PLC

("Churchill" or "the Company")

 

Arbitration Update - ICSID Tribunal denies Indonesia's application for dismissal of Churchill's claims

The Directors of Churchill (AIM: CHL) wish to provide an update on the international arbitration cases the Company and its wholly owned subsidiary Planet Mining Pty Ltd ("Planet") are pursuing against the Republic of Indonesia ("Indonesia") at the International Centre for Settlement of Investment Disputes ("ICSID") in Washington DC. The arbitration before the ICSID Tribunal ("Tribunal") arises from the revocation of the mining licenses relating to the East Kutai Coal Project in East Kalimantan ("EKCP"), Indonesia, in which Churchill and Planet held a 75% interest.

Indonesia's Request for a Stand Alone Hearing and Application for Dismissal of Churchill and Planet's Claims

As noted in the Company's announcement of 30 September 2014, Indonesia sought a separate hearing on its allegations of forgery and fraud in connection with the licenses and other documents.

In response to Indonesia's submissions, the Company requested the Tribunal to reject any attempt by Indonesia to litigate piecemeal the merits of the case and to direct Indonesia to complete its submissions on the merits by 12 November 2014 as set out in the Tribunal's procedural schedule.

A Tribunal hearing (via teleconference) took place on Tuesday 21 October to consider the application by Indonesia for a separate hearing of the forgery/fraud issue.

Following this teleconference hearing the Tribunal has now issued its Procedural Order No 12 by which it has:-

· Dismissed Indonesia's application for a separate hearing on the forgery/fraud allegations;

 

· Directed Indonesia to file its Counter-Memorial on the Merits (limited to liability) by 12 November 2014;

 

· Ordered that the existing timetable shall apply to the liability phase which includes a full hearing in October 2015;

 

· Directed, on its own motion, that the quantum of damages due to Churchill/Planet will be determined separately after the conclusion of the liability phase of the proceedings.

 

 

The Tribunal has stated that it may consider a reasonable extension for Indonesia to file its Counter-Memorial on the Merits (limited to liability) on condition that any such extension will not affect the merit hearing dates in October 2015.

 

A full copy of the Tribunal's Procedural Order No.12 can be found at the website of the International Centre for Settlement of Investment Disputes at https://icsid.worldbank.org/ICSID/Index.jsp (under cases for "Churchill").

 

Churchill's Application For Provisional (Protective) Measures

As was noted in the Company's 30 September 2014 announcement, the Company applied to the Tribunal for provisional (protective) measures arising out of Indonesia's decision to initiate Police raids on the Company's Jakarta offices on 29 August 2014 during which the Indonesian Police seized and removed documentary records and computer equipment.

 

During the 21 October Tribunal hearing, Indonesia's Lead Counsel, Mr Didi Dermawan stated the Indonesian Police operate under the authority and direction of the President of the Republic of Indonesia.

 

The Tribunal has not yet issued any ruling in relation to the Company's application for provisional measures.

 

"We are pleased that the Arbitral Tribunal has rejected Indonesia's effort to derail he procedural timetable with its attempts to litigate piecemeal the merits of the case. We are, accordingly, looking forward to having our case determined by the ICSID tribunal in the most expedient manner possible" said Churchill's Chairman David Quinlivan.

END

For further information, please contact:

Churchill Mining plc

David Quinlivan

Nicholas Smith

Russell Hardwick

+ 61 8 6382 3737

Northland Capital

Partners Limited

Edward Hutton/William Vandyk

+44(0)20 7382 1100

 

 

 

This information is provided by RNS
The company news service from the London Stock Exchange
 
END
 
 
MSCWGGAWUUPCUAU
Date   Source Headline
19th Jun 20071:12 pmRNSHolding(s) in Company
19th Jun 200712:33 pmRNSHolding(s) in Company
15th Jun 200712:00 pmRNSAgreement
7th Jun 20078:11 amRNSSubsidiary appointment
23rd May 20077:00 amRNSDrilling Report
5th Apr 20079:15 amRNSCoal Discovery
27th Mar 20071:17 pmRNSGrant of Options
23rd Mar 20075:04 pmRNSInterim Results
7th Mar 20073:29 pmRNSHolding(s) in Company
7th Mar 200711:17 amRNSHolding(s) in Company
15th Feb 20071:21 pmRNSFurther re Agreement
12th Dec 20068:22 amRNSVoting Rights and Capital
11th Dec 20068:50 amRNSDirector/PDMR Shareholding
4th Dec 20069:20 amRNSDirector/PDMR Shareholding
29th Nov 20062:05 pmRNSResult of AGM
21st Nov 20067:00 amRNSFurther re Sendawar
7th Nov 200610:19 amRNSHolding(s) in Company
3rd Nov 20068:43 amRNSNotice of AGM
30th Oct 20069:36 amRNSFinal Results
17th Oct 200610:29 amRNSProject Update
13th Oct 20069:51 amRNSProject Update
12th Sep 20068:04 amRNSDrilling Report
14th Aug 20068:26 amRNSSendawar Coal Project update
30th Jun 20068:25 amRNSSRK appointment
23rd Jun 20068:39 amRNSSendawar Update - Amend
23rd Jun 20067:00 amRNSSendawar Update
15th Jun 20067:00 amRNSMining Update
24th May 20069:08 amRNSDirector/PDMR Shareholding
17th May 20069:25 amRNSHolding(s) in Company
11th May 200611:51 amRNSUpdate
11th May 200611:47 amRNSGrant of Options
28th Apr 20061:51 pmRNSHolding(s) in Company
28th Apr 200612:04 pmRNSResult of EGM
27th Apr 20069:57 amRNSFurther re Record Date
25th Apr 200610:12 amRNSHolding(s) in Company
21st Apr 200611:08 amRNSHolding(s) in Company
19th Apr 20069:38 amRNSHolding(s) in Company
18th Apr 20068:33 amRNSGrant of options
13th Apr 200610:14 amRNSNotice of EGM
10th Apr 20062:10 pmRNSHolding(s) in Company
5th Apr 20067:01 amRNSAcquisition of Coal Project
22nd Mar 20064:25 pmRNSInterim Results
21st Mar 20061:06 pmRNSChange of Adviser
24th Jan 200612:02 pmRNSResult of AGM
28th Dec 20059:37 amRNSAcquisition of Licence
13th Dec 20059:31 amRNSHolding(s) in Company
9th Dec 20058:50 amRNSNotice of AGM
2nd Dec 200512:26 pmRNSIssue of Equity
21st Nov 20053:33 pmRNSAnnual Report and Accounts
14th Sep 200511:30 amRNSExploration Update

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