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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
17th Jun 20219:12 amEQSNORNICKEL'S PALLADIUM FUND LAUNCHES FIRST NICKEL AND COPPER ETCS ON LSE
4th Jun 20219:30 amEQSNORNICKEL HAS RESUMED ORE MINING AT TAIMYRSKY MINE
1st Jun 20214:41 pmEQSNORNICKEL'S BOARD ADOPTS HOLISTIC ENVIRONMENTAL STRATEGY
25th May 20212:00 pmEQSNORNICKEL STRENGTHENS ITS MANAGEMENT TEAM
20th May 20215:51 pmEQSSHAREHOLDERS OF NORINICKEL APPROVED THE FINAL DIVIDEND FOR THE FY 2020
13th May 202112:00 pmEQSNORNICKEL HAS RECOVERED ORE MINING AT THE OKTYABRSKY MINE TO FULL CAPACITY
29th Apr 202112:45 pmEQSNORNICKEL REPORTS SUSTAINABLE DEVELOPMENT PERFORMANCE IN 2020
27th Apr 20213:30 pmEQSNORNICKEL'S BOARD OF DIRECTORS APPROVES A BUYBACK OF ITS SHARES FOR A TOTAL AMOUNT OF APPROXIMATELY USD 2 BN
19th Apr 20216:35 pmEQSNORNICKEL ANNOUNCES PRODUCTION RESULTS FOR 1Q 2021
19th Apr 20217:00 amEQSNORNICKEL AGREED WITH JOHNSON MATTHEY ON CRITICAL SUPPLY OF NICKEL AND COBALT
13th Apr 202111:00 amEQSNORNICKEL TO EXPAND SUSTAINABLE PRODUCTION AT NN HARJAVALTA IN FINLAND
12th Apr 202110:30 amEQSPRODUCTION RECOVERY AT OKTYABRSKY MINE IS AHEAD OF SCHEDULE
9th Apr 202112:30 pmEQSNORNICKEL BOARD OF DIRECTORS RECOMMENDS FINAL DIVIDEND FOR FY 2020
29th Mar 202112:01 pmEQSNORNICKEL'S BOARD OF DIRECTORS DISCUSSED LONG-TERM INVESTMENT PROGRAMME AND DIVIDEND TARGETS
29th Mar 20218:52 amEQSNORILSK DIVISION COMPLETS PHASE 2 OF REPAIRS AT OKTYABRSKY AND TAIMYRSKY MINES
26th Mar 20215:15 pmEQSNORNICKEL MAJOR SHAREHOLDERS AGREED ON A SPIN-OFF OF BYSTRINSKY PROJECT
22nd Mar 20212:21 pmEQSNORNICKEL CUTS EMISSIONS AT KOLA PENINSULA BY 85% IN 2021
16th Mar 202111:30 amEQSTHE NORILSK DIVISION ADOPTS PLAN TO RESUME OPERATIONS AT OKTIABRSKY AND TAYMIR MINES AND NORILSK CONCENTRATOR
10th Mar 202110:30 amEQSNORNICKEL PAYS FULL DAMAGES IN CONNECTION WITH FUEL SPILL AT NORILSK'S COMBINED HEAT
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3rd Mar 20212:31 pmEQSNORNICKEL WILL SET A TIMELINE TO RESTORE OPERATIONS AT MINES AND NORILSK CONCENTRATOR
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24th Feb 20213:10 pmEQSNORNICKEL PARTIALLY SUSPENDS OPERATIONS AT OKTYABRSKY AND TAIMYRSKY MINES
22nd Feb 20218:22 amEQSEMERGENCY AT NORILSK CONCENTRATOR
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16th Feb 202111:30 amEQSNORNICKEL REPORTS FULL YEAR 2020 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
11th Feb 20213:46 pmEQSNORNICKEL RECEIVES THE DEMAND OF THE KRASNOYARSK KRAI FOR COMPENSATION OF DAMAGE TO WILDLIFE RESOURCES
5th Feb 202110:45 amEQSUPDATE ON ROSPRIRODNADZOR'S CLAIM IN RELATION TO DIESEL SPILL ACCIDENT AT NORNICKEL'S HEAT AND POWER PLANT № 3
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29th Jan 202110:04 amEQSNORNICKEL ANNOUNCES PRODUCTION RESULTS FOR 4Q AND FY2020
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22nd Dec 20202:41 pmEQSNORNICKEL'S GLOBAL PALLADIUM FUND ISSUES FIRST TOKENS TO INDUSTRIAL PARTNERS
14th Dec 20208:04 amEQSMMC Norilsk Nickel: THE SIBERIAN BRANCH OF THE RUSSIAN ACADEMY OF SCIENCES PRESENTS A REPORT ON THE RESULTS OF THE GREAT NORILSK EXPEDITION
11th Dec 202011:30 amEQSSHAREHOLDERS OF NORNICKEL APPROVED THE DIVIDEND FOR 9 MONTHS OF 2020
1st Dec 20201:00 pmEQSNORNICKEL HOSTS 2020 ANNUAL CAPITAL MARKETS DAY: ENABLING THE TRANSITION TO A GREENER WORLD
26th Nov 20209:01 amEQSMMC Norilsk Nickel: INDEPENDENT ASSESSMENT OF THE CAUSES OF THE FUEL SPILL INCIDENT PRESENTED TO THE BOARD OF DIRECTORS
3rd Nov 202012:31 pmEQSNORNICKEL BOARD OF DIRECTORS RECOMMENDS INTERIM DIVIDEND FOR 9M 2020
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25th Sep 202011:05 amEQSNORNICKEL ANNOUNCES COMPREHENSIVE SUPPORT PROGRAMME FOR THE TAIMYR'S INDIGENOUS PEOPLES
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