Adam Davidson, CEO of Trident Royalties, discusses offtake milestones and catalysts to boost FY24. Watch the video here.

Less Ads, More Data, More Tools Register for FREE

Pin to quick picksFOX.L Regulatory News (FOX)

  • There is currently no data for FOX

Watchlists are a member only feature

Login to your account

Alerts are a premium feature

Login to your account

Arbitration Claim against the Republic of Kosovo

4 Sep 2019 15:10

RNS Number : 2470L
Fox Marble Holdings PLC
04 September 2019
 

 

Fox Marble Holdings plc

("Fox Marble" or the "Company")

Fox Marble launches €195m international arbitration claim against the Republic of Kosovo

 

Fox Marble, the AIM listed company focused on marble quarrying and processing in Kosovo and the Balkans region, has today launched United National Commission on International Trade Law international (UNCITRAL) arbitration proceedings, against the Republic of Kosovo for damages in excess of €195 million, as a result of the failure of the State to protect Fox Marble's rights over the Malesheva quarry.

 

The Company is represented by its legal advisers, Stephenson Harwood LLP, as well as its Kosovan lawyers. As the Company believes the Kosovan Government to be in clear breach of its responsibilities towards the Company which is a foreign investor in Kosovo, the Company is of the opinion that this action is in the best interests of its shareholders and employees and anticipates a fair and satisfactory resolution.

 

All the Company's other operations, including the quarries and processing factory in Kosovo and the Prilep quarry in Northern Macedonia, are unaffected.

 

As was announced on 26 June 2019, the sellers of Green Power Sh.p.k ("Green Power"), the licence holding partner of Fox Marble's Malesheva quarry, and Scope Sh.p.k ("Scope") reneged on the agreement, announced on 4 April 2019, for Fox Marble to purchase these assets.

 

Since then Fox Marble has been working to resolve the dispute concerning the purchase of Green Power and Scope with the appropriate Kosovan Government agencies, namely the Kosovo mining regulator, the Independent Commission of Mines and Mineral ("ICMM") and the Agjencia e Regjistrimit të Bizneseve ("ARBK"), the Kosovo business registration agency. However, in what is a clear breach of Kosovo Law 04/L-220 "On Foreign Investment" (2014), Fox Marble has been prevented from asserting its rights in these matters. This is a law that should provide extensive protection to foreign investors, such as Fox Marble, and promises even handedness in the treatment of foreign investors and local businesses.

 

The Company has presented detailed evidence to the ICMM that it holds the relevant rights to grant develop, exploit and operate its Malesheva quarry to Fox Marble Kosova Sh.p.k ("FMK"), Fox Marble's local subsidiary, which has been the case since 2015. However, as disclosed on 18 July 2019, operations at the Malesheva quarry were suspended. Numerous procedural and legal channels open to it in Kosovo to have failed to bring the matter to a satisfactory conclusion.

 

The Company has also presented the ICMM with detailed evidence of its purchase of Green Power and Scope and shown that their owners had no basis to rescind the share purchase agreements. Despite the cumulative weight of evidence, Fox Marble was denied the right to appeal any decision relating to the Malesheva quarry in direct contravention of the provisions of the Kosovo foreign investment law, Law 04 /L-220 as well as its own rules and procedures.

 

In parallel to its efforts with the ICMM, Fox Marble has made repeated attempts to register the transfer of ownership of Green Power and Scope at the ARBK. This agency has the established authority to accept the valid share purchase agreements as evidence of ownership. However, the ARBK has rejected Fox's application to register the change of ownership in direct contravention of the provisions of the Kosovo foreign investment law.

 

As a direct consequence of the ARBK and ICMM decisions, the Company has brought arbitration proceedings against the Republic of Kosovo pursuant to Article 16 of the Kosovo foreign investment law (as above). The basis of the claim for damages is the investment made to date in the Malesheva quarry, loss of future revenues associated with the site and future investment plans in Kosovo. Significant future investment plans are the subject of the MOU signed in October 2016 by the Government of Kosovo and Stone Alliance LLC which is majority owned by Fox Marble

 

Chris Gilbert, CEO, commented, "Fox Marble has always sought to work in partnership with Kosovo and its government. We have therefore taken this step with the greatest reluctance, but the current circumstances and decisions made have left us with no choice. There has been a clear failure by the Kosovo government and its agencies to apply their own laws and regulation in a fair and equitable manner. It is beyond doubt that Fox Marble has a strong case. I am confident that the claim will be decided in our favour and that the award obtained will protect our investment, our shareholders and show that Kosovo is a place where international businesses can invest."

 

This announcement contains inside information for the purposes of Article 7 of EU Regulation 596/2014

 

 

For more information on Fox Marble please visit www.foxmarble.net or contact:

 

Fox Marble Holdings plc

 

Chris Gilbert, Chief Executive Officer

Tel: +44 (0) 20 7380 0999

Fiona Hadfield, Finance Director

Tel: +44 (0) 20 7380 0999

 

 

Brandon Hill Capital (Joint Broker)

 

Oliver Stansfield

Optiva Securities (Joint Broker)

Christian Dennis/Jeremy King

Tel: +44 (0) 20 3463 5000

 

Tel:+44 (0) 20 3137 1902

Cairn Financial Advisers LLP (Nomad)

 

Liam Murray/Sandy Jamieson

Tel: +44 (0) 20 7213 0880

 

Notes to Editors:

Fox Marble (AIM: FOX), is a marble production, processing and distribution company in Kosovo and the Balkans region.

Its marble products, which includes Illirico Bianco, Illirico Selene, Grigio Argento and are gaining sales globally both to international wholesale companies as well as being supplied directly into luxury residential properties. In the UK these include among others St George's Homes and Capital and Counties Plc's Lillie Square development. In Sydney, Australia Rosso Cait, Alexandrian White and Breccia Paradisea marble have been used in what is expected to be Australia's most expensive residential property. These sales serve to demonstrate the desirability of Fox's premium marble products as the stone of choice in some of the most prestigious and expensive residential developments around the world. 

 

 

This information is provided by RNS, the news service of the London Stock Exchange. RNS is approved by the Financial Conduct Authority to act as a Primary Information Provider in the United Kingdom. Terms and conditions relating to the use and distribution of this information may apply. For further information, please contact rns@lseg.com or visit www.rns.com.
 
END
 
 
MSCGMGGLDDVGLZM
Date   Source Headline
4th May 20174:19 pmRNSDirectorate Change
26th Apr 20177:00 amRNSEUR400,000 sale and purchase agreement from Turkey
7th Feb 20177:00 amRNSUSD1.8M India Sales Agreement Signed
1st Feb 20177:00 amRNSNew Orders and Specifications
15th Dec 20167:00 amRNSNew Factory Opening to Process Marble In-House
13th Dec 20167:00 amRNSOperational Update
1st Nov 201612:09 pmRNSIssue of Equity, Directors' Dealings and TVR
4th Oct 20163:14 pmRNSLandmark venture formed with the Kosovo Government
20th Sep 20167:01 amRNSHalf-year Report
20th Sep 20167:00 amRNSDirectorate Changes
8th Sep 20167:00 amRNSNew order for Lillie Square, Earls Court
19th Aug 20167:00 amRNSOperational Update
27th Jul 201612:09 pmRNSIssue of Equity
29th Jun 201612:14 pmRNSResult of AGM
29th Jun 20167:00 amRNSIncreased order book and operational update
29th Jun 20167:00 amRNSIssue of Equity Confirmation
15th Jun 201611:54 amRNSIssue of Equity
13th Jun 20162:38 pmRNSHolding(s) in Company
10th Jun 20164:13 pmRNSHolding(s) in Company
8th Jun 20162:30 pmRNSHolding(s) in Company
7th Jun 20164:42 pmRNSPosting of Annual Report and Notice of AGM
2nd Jun 20167:00 amRNSPreliminary Results for the year ended 31 Dec 2015
1st Jun 201611:47 amRNSResult of GM and Issue of Equity
19th May 20167:00 amRNSCorporate update and increased order book
13th May 20167:00 amRNSProposed Firm and Conditional Placing. AGM Notice
25th Apr 20167:00 amRNSAttendance at UK Investor Show 2016
15th Mar 20167:00 amRNSFactory Update and Block Sale Agreement
7th Mar 20167:00 amRNSAdvance payment received
21st Jan 20167:00 amRNSPre-close Statement and Operational Update
19th Nov 20157:00 amRNSMalesheva Update: New Quarry Opens
22nd Sep 20157:00 amRNSRecognition from Kosovo Chambers of Commerce
10th Sep 20157:00 amRNSHalf Yearly Report
26th Aug 20157:00 amRNSAttendance at international marble trade fair
3rd Aug 20157:00 amRNSOperational Update
13th Jul 20157:00 amRNSDirectorate Change
14th May 20154:47 pmRNSHolding(s) in Company
14th May 201512:28 pmRNSResult of AGM
14th May 20157:00 amRNSAGM Statement
13th May 20151:22 pmRNSHolding(s) in Company
12th May 20157:00 amRNSPlacing to raise £2 million
20th Apr 20157:00 amRNSPosting of Annual Report and Notice of AGM
14th Apr 20157:00 amRNSPreliminary results for the year ended 31 Dec 2014
9th Apr 20157:00 amRNSCorporate Update
6th Feb 20157:00 amRNSNew Corporate Website
15th Jan 20157:00 amRNSSale of Marble to Berkeley Homes plc
13th Jan 20157:00 amRNSPre-close Statement
15th Dec 20147:00 amRNSSales Agency Agreement
4th Dec 20147:00 amRNSNew long term offtake agreement signed
7th Nov 20147:00 amRNSDirectors' Dealing
31st Oct 20147:00 amRNSChange of Adviser

Due to London Stock Exchange licensing terms, we stipulate that you must be a private investor. We apologise for the inconvenience.

To access our Live RNS you must confirm you are a private investor by using the button below.

Login to your account

Don't have an account? Click here to register.

Quickpicks are a member only feature

Login to your account

Don't have an account? Click here to register.