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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
19th Jul 20225:05 pmEQSMMC Norilsk Nickel: INFORMATION NOTICE FOR HOLDERS OF DEPOSITARY RECEIPTS
19th Jul 20225:05 pmEQSMMC Norilsk Nickel: INFORMATION NOTICE FOR HOLDERS OF DEPOSITARY RECEIPTS
5th Jul 20224:45 pmEQSBOARD OF DIRECTORS OF NORNICKEL RECOMMENDS CANCELLATION OF TREASURY SHARES
5th Jul 20224:45 pmEQSBOARD OF DIRECTORS OF NORNICKEL RECOMMENDS CANCELLATION OF TREASURY SHARES
20th Jun 202210:00 amEQSANDREY BOUGROV APPOINTED NORNICKEL CHAIRMAN OF THE BOARD OF DIRECTORS
20th Jun 202210:00 amEQSANDREY BOUGROV APPOINTED NORNICKEL CHAIRMAN OF THE BOARD OF DIRECTORS
17th Jun 202210:27 amEQSNORNICKEL ENTERS INTO TWO AGREEMENTS TO BOLSTER ITS ENERGY ASSETS
17th Jun 202210:26 amEQSNORNICKEL ENTERS INTO TWO AGREEMENTS TO BOLSTER ITS ENERGY ASSETS
17th Jun 202210:11 amEQSNORNICKEL EXPANDS PARTNERSHIP WITH THE MURMANSK REGION GOVERNMENT
17th Jun 202210:11 amEQSNORNICKEL EXPANDS PARTNERSHIP WITH THE MURMANSK REGION GOVERNMENT
8th Jun 20222:57 pmEQSNORNICKEL REPORTS 2021 SUSTAINABLE DEVELOPMENT RESULTS
8th Jun 20222:56 pmEQSNORNICKEL REPORTS 2021 SUSTAINABLE DEVELOPMENT RESULTS
3rd Jun 20225:01 pmEQSNORINICKEL HELD THE ANNUAL GENERAL MEETING
12th May 202212:46 pmEQSNORNICKEL RECEIVED PERMISSION TO RETAIN ITS DEPOSITORY RECEIPTS PROGRAMME
29th Apr 20224:02 pmEQSNORNICKEL'S BOARD OF DIRECTORS RECOMMENDS NEW INDEPENDENT DIRECTORS
25th Apr 20223:04 pmEQSNORNICKEL AND ROSATOM SIGN COOPERATION AGREEMENT
25th Apr 20222:01 pmEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 1Q 2022
22nd Apr 20226:00 pmEQSNORNICKEL'S BOARD OF DIRECTORS RECOMMENDS FINAL DIVIDEND FOR FY 2021
21st Apr 20225:31 pmEQSMMC Norilsk Nickel: UPDATE FOR HOLDERS OF AMERICAN DEPOSITARY RECEIPTS
16th Mar 20225:01 pmEQSINDEPENDENT NON-EXECUTIVE DIRECTORS PENNY, MUNNINGS, EDWARDS STEP DOWN FROM NORNICKEL BOARD
2nd Mar 20224:40 pmRNSSecond Price Monitoring Extn
2nd Mar 20224:36 pmRNSPrice Monitoring Extension
1st Mar 20224:42 pmRNSSecond Price Monitoring Extn
1st Mar 20224:36 pmRNSPrice Monitoring Extension
10th Feb 202211:01 amEQSNORNICKEL REPORTS FULL YEAR 2021 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
3rd Feb 202210:01 amEQSNORNICKEL REPORTS IFRS FINANCIAL RESULTS FOR FY2021 AND HOSTS CONFERENCE CALL ON FEBRUARY 10
1st Feb 202210:00 amEQSNORNICKEL'S GLOBAL PALLADIUM FUND LAUNCHES WORLD'S FIRST PHYSICALLY-BACKED ELECTRIC VEHICLE METALS ETC
24th Jan 202210:02 amEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR FY2021
28th Dec 20213:16 pmEQSSHAREHOLDERS OF NORNICKEL APPROVED THE DIVIDEND FOR 9 MONTHS OF 2021
21st Dec 20219:00 amEQSMMC Norilsk Nickel: RUSSIA'S SENATE DELIBERATED NORILSK DEVELOPMENT PLAN
17th Dec 20219:31 amEQSNORNICKEL DEVELOPED METHODOLOGY AND MODEL FOR CALCULATING CARBON FOOTPRINT
16th Dec 202112:31 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
2nd Dec 20219:01 amEQSNORNICKEL AND RUSSIAN PLATINUM KICK OFF JOINT OPERATIONS IN NORILSK
29th Nov 20211:04 pmEQSNORNICKEL 2021 ANNUAL CAPITAL MARKETS DAY: NAVIGATING THE TRANSITION TO A NET ZERO WORLD
22nd Nov 20214:16 pmEQSNORNICKEL BOARD OF DIRECTORS RECOMMENDS INTERIM DIVIDEND FOR 9M 2021
18th Nov 20218:00 amEQSNORNICKEL SETTLES DISPUTE WITH BOTSWANA GOVERNMENT AND BCL
28th Oct 20215:10 pmEQSCHANGES TO NORNICKEL'S MANAGEMENT BOARD
27th Oct 20214:01 pmEQSPJSC MMC NORILSK NICKEL SUCCESSFULLY PLACES A USD 500 MILLION EUROBOND OFFERING MATURING IN OCTOBER 2026
20th Oct 202111:01 amEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 9 MONTHS OF 2021
18th Oct 20213:00 pmEQSNORNICKEL ANNOUNCES PALLADIUM CHALLENGE CONTEST IN PARTNERSHIP WITH IPMI
6th Oct 20213:30 pmEQSNORNICKEL CANCELS REPURCHASED SHARES
23rd Sep 20217:00 amEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
3rd Sep 20217:01 amEQSNORNICKEL TO NEGOTIATE SETTLEMENT AGREEMENT WITH FISHERY AGENCY
20th Aug 20212:00 pmEQSNORNICKEL'S SHAREHOLDERS APPROVED REDUCTION OF THE AUTHORIZED CAPITAL OF THE COMPANY
5th Aug 202112:31 pmEQSNORNICKEL REPORTS 1H2021 INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS
30th Jul 20218:00 amEQSNORNICKEL LEARNS ABOUT A CLAIM FROM RUSSIA'S AGENCY FOR FISHERY
29th Jul 202111:00 amEQSNORNICKEL REPORTS IFRS FINANCIAL RESULTS FOR 1H 2021 AND HOSTS CONFERENCE CALL ON AUGUST 5
19th Jul 20214:00 pmEQSNORNICKEL PRODUCES FIRST BATCH OF CERTIFIED CARBON-NEUTRAL NICKEL
28th Jun 20211:30 pmEQSNORNICKEL AND KRASNOYARSK GOVERNMENT SIGN AGREEMENT ON COOPERATION IN INVESTMENT PROJECTS
23rd Jun 202110:10 amEQSNORNICKEL'S BOARD OF DIRECTORS APPROVES REPORT ON RESULTS OF SHAREHOLDER APPLICATIONS TO SELL SHARES IN BUYBACK

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