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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
29th Jul 202011:01 amEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 1H2020
27th Jul 202012:45 pmEQSNORNICKEL TO STRENGTHEN MANAGEMENT TEAM
17th Jul 202011:40 amEQSNORNICKEL INCREASES ITS FINANCIAL COMITMENT TO SUPPORT ITS EMPLOYEES AND REGIONS OF OPERATIONS AMID THE COVID-19 PANDEMIC TO RUB 20 BLN
13th Jul 202010:01 amEQSMMC Norilsk Nickel: MANAGEMENT OF TALNAKH CONCENTRATOR DISMISSED UPON COMPLETION OF INTERNAL INVESTIGATION
8th Jul 202012:07 pmEQSNORNICKEL DISAGREES WITH METHODOLOGY FOR CALCULATING DAMAGE CAUSED BY THE DIESEL FUEL SPILL
7th Jul 20204:25 pmEQSNORNICKEL ANNOUNCES THAT MAXIM POLETAEV AND NIKOLAY ABRAMOV CEASE TO BE INDEPENDENT DIRECTORS
7th Jul 20207:00 amEQSUPDATE ON THE DIESEL SPILL ACCIDENT AT NORNICKEL'S HEAT AND POWER PLANT № 3
2nd Jul 202011:45 amEQSANDREY BOUGROV TO BECOME NORNICKEL'S SENIOR VICE PRESIDENT FOR ENVIRONMENTAL PROTECTION
19th Jun 20206:45 pmEQSNORNICKEL HAS COMPLETED THE SECOND PHASE OF THE CLEAN-UP OF DIESEL FUEL SPILL IN NORILSK
19th Jun 20202:00 amEQSNORNICKEL DISPOSES OF HONEYMOON WELL NICKEL PROJECT IN AUSTRALIA
15th Jun 20201:36 pmEQSNORNICKEL: CLEANING UP PROGRESS UPDATE
5th Jun 20201:42 pmEQSNORNICKEL TO HOST A CONFERENCE CALL ABOUT THE FUEL LEAK IN NORILSK
3rd Jun 20207:01 pmEQSMMC Norilsk Nickel: CLEAN-UP UNDERWAY AFTER ACCIDENTAL DIESEL SPILL AT NORILSK NICKEL'S HEAT AND POWER PLANT №3
14th May 20204:30 pmEQSSHAREHOLDERS OF NORINICKEL APPROVED THE FINAL DIVIDEND FOR THE FY 2019
30th Apr 20201:00 pmEQSNORNICKEL UPDATES ON THE BUSINESS IMPACT OF COVID-19
30th Apr 202011:00 amEQSNORNICKEL ANNOUNCES CONSOLIDATED PRODUCTION RESULTS FOR 1Q2020:
10th Apr 20209:00 amEQSNORNICKEL'S 2019 SUSTAINABLE DEVELOPMENT REPORT: REDUCING EMISSIONS AND SETTING NEW GOALS
7th Apr 20202:30 pmEQSNORNICKEL BOARD OF DIRECTORS DECIDES TO HOLD AGM IN ABSENTIA AND RECOMMENDS FINAL DIVIDEND FOR FY 2019
25th Mar 20208:30 amEQSNORNICKEL ANNOUNCES MEASURES TO PROTECT EMPLOYEES AND PARTNERS DURING COVID-19 PANDEMIC
20th Mar 202012:00 pmEQSNORNICKEL ANNOUNCES THE WITHDRAWAL OF RUSSIAN PLATINUM FROM THE ARCTIC PALLADIUM PROJECT
6th Mar 20207:00 amEQSFINNISH BATTERY INDUSTRY INTENSIFIES COOPERATION: FORTUM, BASF, AND NORNICKEL SIGN COOPERATION AGREEMENT ON BATTERY RECYCLING
26th Feb 202012:01 pmEQSNORNICKEL REPORTS FULL YEAR 2019 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
25th Feb 20201:30 pmEQSMMC Norilsk Nickel: NORNICKEL SIGNED A SYNDICATED LOAN FACILITY AGREEMENT FOR UP TO USD 4,150 MILLION
18th Feb 20209:00 amEQSNORNICKEL REPORTS IFRS FINANCIAL RESULTS FOR FY2019 AND HOSTS CONFERENCE CALL ON FEBRUARY 26
31st Jan 202010:00 amEQSNORNICKEL ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR FY2019 AND REITERATES PRODUCTION OUTLOOK FOR 2020
17th Dec 201911:15 amEQSSHAREHOLDERS OF NORNICKEL APPROVED THE DIVIDEND FOR THE NINE MONTHS 2019
18th Nov 201910:00 amEQSNORNICKEL HOSTS 2019 ANNUAL CAPITAL MARKETS DAY: EXPANDING THE HORIZONS OF SUSTAINABLE GROWTH
11th Nov 20193:00 pmEQSNORNICKEL BOARD OF DIRECTORS RECOMMENDS INTERIM DIVIDEND FOR 9M 2019
31st Oct 201910:00 amEQSNORILSK NICKEL GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR NINE MONTHS 2019
28th Oct 20194:15 pmEQSMMC Norilsk Nickel: PJSC MMC NORILSK NICKEL SUCCESSFULLY PLACES A USD 750 MILLION EUROBOND OFFERING MATURING IN OCTOBER 2024
27th Sep 20192:45 pmEQSMMC Norilsk Nickel: SHAREHOLDERS OF MMC NORILSK NICKEL APPROVED THE DIVIDEND FOR THE FIRST HALF 2019
20th Aug 201912:32 pmEQSNORNICKEL REPORTS FIRST HALF 2019 INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS
7th Aug 20192:00 pmEQSMMC Norilsk Nickel: NORNICKEL REPORTS IFRS FINANCIAL RESULTS FOR THE 1H 2019 ON AUGUST, 20
31st Jul 201911:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 1st HALF 2019
10th Jun 20195:51 pmEQSMMC Norilsk Nickel: SHAREHOLDERS OF MMC NORILSK NICKEL APPROVED THE FINAL DIVIDEND FOR THE FY 2018
26th Apr 20193:00 pmEQSMMC Norilsk Nickel: NORILSK NICKEL BOARD OF DIRECTORS RECOMMENDS
25th Apr 201911:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 1Q 2019
5th Apr 20191:15 pmEQSMMC Norilsk Nickel: NOMINATIONS TO THE BOARD OF DIRECTORS AND AUDIT COMMISSION OF
28th Mar 201912:40 pmEQSMMC Norilsk Nickel: NORNICKEL STARTS DEVELOPMENT OF PROSPECTIVE GROWTH PROJECTS
26th Feb 20199:30 amEQSMMC Norilsk Nickel: NORNICKEL REPORTS FULL YEAR 2018 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
19th Feb 201910:00 amEQSMMC Norilsk Nickel: NORNICKEL REPORTS CONSOLIDATED IFRS FINANCIAL RESULTS FOR FULL YEAR 2018 ON FEBRUARY 26
13th Feb 20199:00 amEQSMMC Norilsk Nickel: NORNICKEL TO TAKE DISPUTE WITH BOTSWANA'S BCL TO LONDON
30th Jan 201910:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 4Q AND FY2018, AND REITERATES PRODUCTION OUTLOOK FOR 2019
25th Dec 20188:00 amEQSMMC Norilsk Nickel: NORNICKEL TERMINATES DEAL WITH BCL AND CONTINUES TO SEEK DAMAGES FROM BOTSWANA FOR BREACH OF CONTRACT
19th Dec 20182:00 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
26th Nov 20182:50 pmEQSMMC Norilsk Nickel:Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
19th Nov 201810:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL HOSTS 2018 ANNUAL CAPITAL MARKETS DAY:
7th Nov 20182:01 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
31st Oct 20189:01 amEQSMMC Norilsk Nickel: NORILSK NICKEL GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 3d QUARTHER AND 9 MONTHS OF 2018
22nd Oct 20188:00 amEQSMMC Norilsk Nickel: BASF and Nornickel join forces to supply the battery materials market

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