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MMC Norilsk Nickel: NORNICKEL TO TAKE DISPUTE WITH BOTSWANA'S BCL TO LONDON

13 Feb 2019 09:00

MMC Norilsk Nickel (MNOD) MMC Norilsk Nickel: NORNICKEL TO TAKE DISPUTE WITH BOTSWANA'S BCL TO LONDON 13-Feb-2019 / 12:00 MSK Dissemination of a Regulatory Announcement, transmitted by EQS Group. The issuer is solely responsible for the content of this announcement.


PRESS RELEASE

13 February 2019

Public Joint Stock Company "Mining and Metallurgical Company "NORILSK NICKEL"

(PJSC "MMC "Norilsk Nickel", "Nornickel" or the "Company")

 

NORNICKEL TO TAKE DISPUTE WITH BOTSWANA'S BCL TO LONDON

Moscow - The Botswana Court of Appeal has handed down a judgment in favour of Nornickel ruling that the dispute between the Russian company and Botswana's BCL Group over the failed sale of Nornickel's interest in Nkomati (hereinafter "the Transaction") must, in accordance with the parties' initial agreement, be brought before the London Court of International Arbitration (LCIA).

Nornickel agrees with the conclusion of the Botswana Court of Appeal that a denial of permission for LCIA proceedings would have resulted in serious injustice as it would have prevented Nornickel ever proving its claims.

The LCIA will now have to determine whether all conditions precedent to the Transaction had been fulfilled and to assess the damages to be paid by the BCL Group to Nornickel.

Michael Marriott, Norilsk Nickel Africa's Chief Executive, said:

"We welcome the decision of the Botswana Court of Appeal, which proves Nornickel right and allows it to pursue its claims in the LCIA. Sadly, and in spite of announcements by top public officials in Botswana, Nornickel's claims have still not been settled, though we have made significant efforts to arrive at a compromise. We hope that the LCIA proceedings will now help to bring this lingering dispute to a close."

Nornickel unilaterally terminated the agreement to sell its African assets to the BCL Group, including a 50 percent stake in the Nkomati joint venture. Nornickel's notice of termination was served to BCL on 20 December 2018 due to the BCL Group's serious and persistent breaches of the agreement. As a result, Nornickel will no longer be requiring the BCL Group to purchase its interest in the Nkomati joint venture, but will continue to seek damages for the significant loss it has suffered as a result of the BCL Group's failure to honour its obligations.

The Botswana Court of Appeal agreed with all of Nornickel's arguments and ruled that Nornickel had acted lawfully in applying to the Botswana court for permission to arbitrate even after it had filed a request for arbitration with the LCIA. The Court held that it was not precluded from granting permission to proceed with a claim that had already been initiated, and said that its decision would result in a costs saving for the parties.

The Court also agreed that it was for the LCIA to determine whether all the conditions precedent to the Transaction had been fulfilled and to assess the damages payable to Nornickel. The Court also ordered the BCL Group to pay Nornickel's costs of the legal proceedings in Botswana.

For reference:

In October 2014, Nornickel and the BCL Group signed share purchase agreements, which provided for the transfer to the BCL Group of Nornickel's interests in the Nkomati and Tati mines. The agreements became unconditional in September 2016. Yet, the BCL Group failed to perform its obligations. Instead, in October 2016, the Botswana Government applied to the High Court of Botswana and placed the BCL entities into provisional liquidation.

Nornickel was looking to pursue its claim for damages in the London Court of International Arbitration (LCIA), and requested permission to do so from the courts of Botswana. In June 2018, the Botswana court rejected such permission. On 8 February 2019, however, the Botswana Court of Appeal overturned the June 2018 decision and issued a permission to continue the arbitration proceedings before the LCIA.

Nornickel has also filed a reckless trading claim against the Government of Botswana (BCL's ultimate shareholder), seeking a declaration that it is responsible for the liabilities of the BCL entities.

 

ABOUT THE COMPANY

PJSC MMC NORILSK NICKEL is a diversified mining and metallurgical company, the world's largest producer of refined nickel and palladium and a leading producer of platinum, cobalt, copper and rhodium. The company also produces gold, silver, iridium, selenium, ruthenium and tellurium.

The production units of NORILSK NICKEL Group include the Polar Division, located at the Norilsk Industrial District on Taimyr Peninsula, Kola Mining and Metallurgical Company located on the Kola Peninsula and Bystrinski GOK in the Zabaikalsky region in Russia as well as Harjavalta nickel refinery in Finland.

PJSC MMC NORILSK NICKEL shares are listed on the Moscow and on the Saint-Petersburg Stock Exchanges. PJSC MMC NORILSK NICKEL ADRs trade over the counter in the US and on the London and Berlin Stock Exchanges.

 

Media Relations:     Investor Relations:

Phone: +7 (495) 785 58 00    Phone: +7 (495) 786 83 20

Email: pr@nornik.ru     Email: ir@nornik.ru

 


ISIN:US55315J1025
Category Code:MSCH
TIDM:MNOD
Sequence No.:7472
EQS News ID:775319
 
End of AnnouncementEQS News Service

UK Regulatory announcement transmitted by DGAP - a service of EQS Group AG. The issuer is solely responsible for the content of this announcement.

Date   Source Headline
14th Apr 20234:07 pmEQSNORNICKEL DISCONTINUES DISCLOSURE VIA PRIMARY INFORMATION PROVIDER
6th Apr 20234:00 pmEQSMMC Norilsk Nickel: NINE INDEPENDENT CANDIDATES ARE NOMINATED TO NORNICKEL’S BOARD OF DIRECTORS
17th Mar 20238:01 amEQSNORNICKEL COMPLETED SELF-ASSESSMENT FOR IRMA CERTIFICATION
22nd Feb 20234:45 pmEQSMMC Norilsk Nickel: THE BANK OF NEW YORK MELLON NOTIFIED OF THE TERMINATION OF THE DEPOSIT AGREEMENT FOR NORNICKEL’S ADR PROGRAM
10th Feb 20232:30 pmEQSNORNICKEL REPORTS FULL YEAR 2022 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
10th Feb 20231:31 pmEQSNORNICKEL REPORTS FULL YEAR 2022 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
8th Feb 20233:00 pmEQSPOLAR LITHIUM, A JOINT VENTURE OF NORNICKEL AND ROSATOM, RECEIVES LICENSE TO DEVELOP KOLMOZERSKOYE PROJECT
8th Feb 20232:00 pmEQSPOLAR LITHIUM, A JOINT VENTURE OF NORNICKEL AND ROSATOM, RECEIVES LICENSE TO DEVELOP KOLMOZERSKOYE PROJECT
24th Jan 202312:31 pmEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 2022
24th Jan 202311:31 amEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 2022
22nd Dec 20223:00 pmEQS«NORNICKEL» SUCCESSFULLY PLACED CNY 5 BILLION EXCHANGE-TRADED BONDS
22nd Dec 20222:00 pmEQS«NORNICKEL» SUCCESSFULLY PLACED CNY 5 BILLION EXCHANGE-TRADED BONDS
16th Dec 20223:08 pmEQSNORNICKEL APPROVES BUDGET FOR 2023
16th Dec 20222:09 pmEQSNORNICKEL APPROVES BUDGET FOR 2023
24th Nov 20223:31 pmEQSSHAREHOLDERS OF NORINICKEL ELECTED NEW DIRECTORS
24th Nov 20222:31 pmEQSSHAREHOLDERS OF NORINICKEL ELECTED NEW DIRECTORS
15th Nov 202210:00 amEQSNORNICKEL HAS DEVELOPED LONG-TERM SCENARIOS FOR GLOBAL ECONOMY AND CLIMATE CHANGE
15th Nov 20229:00 amEQSNORNICKEL HAS DEVELOPED LONG-TERM SCENARIOS FOR GLOBAL ECONOMY AND CLIMATE CHANGE
1st Nov 20221:50 pmEQSNORNICKEL PROVIDES UPDATE IN RELATION TO LOAN PARTICIPATION NOTES DUE 2025
1st Nov 202212:50 pmEQSNORNICKEL PROVIDES UPDATE IN RELATION TO LOAN PARTICIPATION NOTES DUE 2025
28th Oct 20224:00 pmEQSNORNICKEL’S BOARD OF DIRECTORS RECOMMENDS NEW DIRECTORS
28th Oct 20224:00 pmEQSNORNICKEL’S BOARD OF DIRECTORS RECOMMENDS NEW DIRECTORS
24th Oct 20222:00 pmEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 9 MONTHS OF 2022
24th Oct 20222:00 pmEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 9 MONTHS OF 2022
17th Oct 202212:00 pmEQSNORNICKEL REPORTS SUCCESSFUL PLACEMENT OF RUB 25 BN EXCHANGE-TRADED BONDS
17th Oct 202212:00 pmEQSNORNICKEL REPORTS SUCCESSFUL PLACEMENT OF RUB 25 BN EXCHANGE-TRADED BONDS
4th Oct 202212:45 pmEQSNORNICKEL CANCELS TREASURY SHARES
4th Oct 202212:45 pmEQSNORNICKEL CANCELS TREASURY SHARES
28th Sep 202212:00 pmEQSNORNICKEL’S BOARD OF DIRECTORS DECIDED TO HOLD EXTRAORDINARY GENERAL MEETING OF SHAREHOLDERS
28th Sep 202212:00 pmEQSNORNICKEL’S BOARD OF DIRECTORS DECIDED TO HOLD EXTRAORDINARY GENERAL MEETING OF SHAREHOLDERS
16th Sep 20225:01 pmEQSNORNICKEL PROVIDES FURTHER UPDATE ON NOTEHOLDERS’ CONSENT SOLICITATION
16th Sep 20225:01 pmEQSNORNICKEL PROVIDES FURTHER UPDATE ON NOTEHOLDERS’ CONSENT SOLICITATION
15th Sep 20222:26 pmEQSMMC Norilsk Nickel: FIRE AT KOLA MMC EXTINGUISHED. NICKEL AND PLATINUM GROUP METALS PRODUCTION UNAFFECTED
15th Sep 20222:25 pmEQSMMC Norilsk Nickel: FIRE AT KOLA MMC EXTINGUISHED. NICKEL AND PLATINUM GROUP METALS PRODUCTION UNAFFECTED
14th Sep 202211:01 amEQSMMC Norilsk Nickel: FIRE BREAKS OUT IN ELECTROWINNING SHOP AT KOLA DIVISION
14th Sep 202211:00 amEQSMMC Norilsk Nickel: FIRE BREAKS OUT IN ELECTROWINNING SHOP AT KOLA DIVISION
2nd Sep 20225:21 pmEQSNORNICKEL PROVIDES UPDATE ON NOTEHOLDERS’ CONSENT SOLICITATION
2nd Sep 20225:20 pmEQSNORNICKEL PROVIDES UPDATE ON NOTEHOLDERS’ CONSENT SOLICITATION
18th Aug 20223:45 pmEQSINFORMATION NOTICE FOR HOLDERS OF DEPOSITARY RECEIPTS
18th Aug 20223:45 pmEQSINFORMATION NOTICE FOR HOLDERS OF DEPOSITARY RECEIPTS
11th Aug 20224:30 pmEQSNORNICKEL’S SHAREHOLDERS APPROVED REDUCTION OF THE AUTHORIZED CAPITAL OF THE COMPANY
11th Aug 20224:30 pmEQSNORNICKEL’S SHAREHOLDERS APPROVED REDUCTION OF THE AUTHORIZED CAPITAL OF THE COMPANY
10th Aug 20225:12 pmEQSMMC Norilsk Nickel: NOTEHOLDERS’ CONSENT SOLICITATION LAUNCH
10th Aug 20225:12 pmEQSMMC Norilsk Nickel: NOTEHOLDERS’ CONSENT SOLICITATION LAUNCH
2nd Aug 20225:22 pmEQSNORNICKEL REPORTS FIRST HALF 2022 INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS
2nd Aug 20225:21 pmEQSNORNICKEL REPORTS FIRST HALF 2022 INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS
28th Jul 202211:01 amEQSNORILSK NICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 1H 2022
28th Jul 202211:01 amEQSNORILSK NICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 1H 2022
22nd Jul 20229:51 amEQSKRASNOYARSK COURT APPROVES SETTLEMENT BETWEEN NORNICKEL SUBSIDIARY AND FISHERIES AGENCY
22nd Jul 20229:51 amEQSKRASNOYARSK COURT APPROVES SETTLEMENT BETWEEN NORNICKEL SUBSIDIARY AND FISHERIES AGENCY

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