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Replacement Arbitration update

23 Dec 2014 16:22

RNS Number : 6438A
Churchill Mining plc
23 December 2014
 



23 December 2014

 

This announcement replaces the announcement made on 23 December 2014 under RNS number 6368A and replaces the website address for the International Centre for Settlement of Investment Disputes in the final paragraph. All other details remain unchanged. The full amended text is below.

AIM: CHL

CHURCHILL MINING PLC

("Churchill" or "the Company")

 

Arbitration Update

ICSID Tribunal issues Procedural Order No 14 in relation to Churchill's application for Provisional (Protective) Measures

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.

Churchill's Application For Provisional (Protective) Measures

On 30 September 2014, the Company announced that it had 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.

 

On 22 December 2014, the Tribunal issued Procedural Order 14 ("PO No. 14.") denying the Company's application, as amended, for provisional measures.

Whilst the Tribunal has denied the Company's application, it has:-

· Ordered the Republic of Indonesia to request leave from the Tribunal before filing any evidence obtained by way of the criminal investigation into the alleged forgery issue;

 

· Taken due note of the Republic of Indonesia's commitment that the Company will be given the opportunity to review and take copies of any relevant documents that are not returned which the Tribunal understands to extend to the seized computer equipment and hard drives;

 

· Reminded both Churchill and the Republic of Indonesia of their general duty arising from the principle of good faith not to take any action that may aggravate the dispute or affect the integrity of the arbitration; and

 

· Denied the Republic of Indonesia's requests for costs and reserved costs for a later decision or award.

 

"Whilst we accept the Tribunal's ruling that the Company did not meet the threshold required for the provisional measures requested, we do note the Republic of Indonesia's commitment to return or provide full access to the documents and computer equipment seized in the police raid ('seized property") and we will accordingly file a request for immediate access to this seized property. It continues to be the Company's objective to have this case determined in the most expedient and efficient manner possible" said Churchill's Chairman David Quinlivan.

A full copy of the Tribunal's Procedural Order No.14 is expected to be available at the website of the International Centre for Settlement of Investment Disputes at https://icsid.worldbank.org/apps/ICSIDWEB/Pages/default.aspx (under cases for "Churchill").

 

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
 
 
MSCTJBFTMBBTBPI
Date   Source Headline
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
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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
19th Jul 20059:00 amRNSExploration Update

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