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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
20th Sep 20182:30 pmEQSSHAREHOLDERS OF MMC NORILSK NICKEL APPROVED THE INTERIM DIVIDEND FOR THE FIRST HALF OF 2018
14th Aug 20182:00 pmEQSMMC Norilsk Nickel: NORILSK NICKEL BOARD OF DIRECTORS RECOMMENDS INTERIM DIVIDEND FOR 1H 2018
13th Aug 201812:16 pmEQSMMC Norilsk Nickel: NORNICKEL REPORTS FIRST HALF 2018 INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS
6th Aug 20188:30 amEQSNORNICKEL REPORTS INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS FOR FIRST HALF 2018 ON AUGUST 13
31st Jul 201810:00 amEQSMMC Norilsk Nickel:NORILSK NICKEL GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 2nd QUARTHER AND 1st HALF 2018
24th Jul 20189:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL IS 'DISMAYED' BY BOTSWANA'S DISDAIN FOR INVESTORS' RIGHTS
19th Jul 201811:01 amEQSMMC Norilsk Nickel: NORILSK NICKEL REPORTS SIGNIFICANT REDUCTION IN EMISSION OF AIR POLLUTANTS AND IMPROVEMENTS IN LABOUR HEALTH AND SAFETY IN 2017
28th Jun 20185:45 pmEQSMMC Norilsk Nickel: SHAREHOLDERS OF MMC NORILSK NICKEL APPROVED THE FINAL DIVIDEND FOR THE FY 2017
24th May 20185:21 pmEQSMMC Norilsk Nickel: NORILSK NICKEL BOARD OF DIRECTORS RECOMMENDS
18th May 20184:01 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
26th Apr 20189:01 amEQSMMC Norilsk Nickel: NORILSK NICKEL ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 1Q 2018
23rd Mar 20181:00 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
6th Mar 20188:41 amEQSMMC Norilsk Nickel: NORNICKEL REPORTS FULL YEAR 2017 AUDITED CONSOLIDATED IFRS FINANCIAL RESULTS
26th Feb 201811:30 amEQSMMC Norilsk Nickel: NORNICKEL REPORTS CONSOLIDATED IFRS FINANCIAL RESULTS FOR FULL YEAR 2017 ON MARCH 6
19th Feb 20186:20 amEQSMMC Norilsk Nickel: COMMENT FROM NORNICKEL REGARDING LEGAL PROCEEDINGS BETWEEN ITS SHAREHOLDERS
7th Feb 201812:18 pmEQSMMC Norilsk Nickel: NORILSK NICKEL AND RUSSIAN PLATINUM SIGN STRATEGIC PARTNERSHIP AGREEMENT
31st Jan 20187:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 4Q AND FY2017, AND REITERATES PRODUCTION OUTLOOK FOR 2018
30th Jan 20181:01 pmEQSMMC Norilsk Nickel: MOODY'S RATING AGENCY HAS RAISED PJSC MMC NORILSK NICKEL CREDIT RATING TO THE INVESTMENT GRADE LEVEL
12th Jan 20181:01 pmEQSMMC Norilsk Nickel: 1. Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
18th Dec 20172:20 pmEQSMMC Norilsk Nickel: PJSC MMC NORILSK NICKEL SIGNS A 5-YEAR USD 2.5 BILLION SYNDICATED FACILITY AGREEMENT WITH INTERNATIONAL BANKS
18th Dec 20175:55 amEQSMMC Norilsk Nickel: PJSC MMC NORILSK NICKEL SIGNED A 5-YEAR USD 2.5 BILLION FACILITY AGREEMENT WITH THE SYNDICATE OF INTERNATIONAL FINANCIAL INSTITUTIONS
20th Nov 20179:00 amEQSMMC Norilsk Nickel: NORILSK NICKEL HOSTS 2017 ANNUAL STRATEGY DAY: INVESTING IN SUSTAINABLE DEVELOPMENT
15th Nov 201712:42 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
13th Nov 20171:00 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
31st Oct 20176:21 amEQSMMC Norilsk Nickel: NORNICKEL STARTS HOT COMMISSIONING AT BYSTRINSKY GOK
30th Oct 20177:01 amEQSMMC Norilsk Nickel: NORILSK NICKEL GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 3d QUARTHER AND 9 MONTHS OF 2017
2nd Oct 20174:00 pmEQSMMC Norilsk Nickel: NORILSK NICKEL'S SHAREHOLDERS APPROVED DIVIDENDS
28th Sep 20173:55 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
22nd Sep 20177:33 amEQSMMC Norilsk Nickel: NORNICKEL UNVEILS ITS NEW CORPORATE WEBSITE
13th Sep 20173:31 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
11th Sep 20173:40 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
11th Sep 20173:36 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
8th Sep 20172:22 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
6th Sep 20173:15 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them
25th Aug 20177:05 amEQSNORILSK NICKEL BOARD OF DIRECTORS RECOMMENDS DIVIDEND FOR 1H 2017
15th Aug 201711:15 amEQSNORNICKEL REPORTS FIRST HALF 2017 INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS
7th Aug 20179:59 amEQSNornickel: NORNICKEL REPORTS INTERIM CONSOLIDATED IFRS FINANCIAL RESULTS FOR FIRST HALF 2017 ON AUGUST 15
31st Jul 20179:30 amEQSMMC Norilsk Nickel: NORILSK NICKEL GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 2st QUARTHER AND 1st HALF 2017
19th Jul 20179:00 amEQSNornickel: NORNICKEL REPORTS ITS 2016 SUSTAINABLE DEVELOPMENT RESULTS: ASSET MODERNISATION, REDUCTION OF ENVIRONMENTAL FOOTPRINT AND IMPROVEMENTS IN LABOUR SAFETY
7th Jul 20173:05 pmEQSMMC Norilsk Nickel: TRAGIC ACCIDENT AT ZAPOLYARNY MINE
30th Jun 201711:21 amRNSStabilisation Notice - MMC
27th Jun 20175:32 pmEQSMMC Norilsk Nickel: BASF and Norilsk Nickel enter exclusive negotiations to cooperate on raw material supply for battery materials production in Europe
13th Jun 20177:25 amEQSMMC Norilsk Nickel: THE SHAREHOLDERS OF PJSC MMC NORILSK NICKEL APPROVED THE FINAL DIVIDEND FOR THE FULL FINANCIAL YEAR 2016
8th Jun 20172:59 pmEQSMMC Norilsk Nickel: PJSC MMC NORILSK NICKEL SUCCESSFULLY PLACES A USD 500 MILLION EUROBOND OFFERING MATURING IN APRIL 2022
7th Jun 20179:00 amEQSMMC Norilsk Nickel: Nornickel announces completion of Talnakh Concentrator modernization project
28th Apr 20172:14 pmEQSMMC Norilsk Nickel: NORILSK NICKEL BOARD OF DIRECTORS RECOMMENDS
28th Apr 20178:15 amEQSMMC Norilsk Nickel: NORILSK NICKEL ISSUES NOTICE OF LEGAL PROCEEDINGS AGAINST GOVERNMENT OF BOTSWANA
27th Apr 201711:29 amEQSMMC Norilsk Nickel: «NORILSK NICKEL» GROUP ANNOUNCES PRELIMINARY CONSOLIDATED PRODUCTION RESULTS FOR 1st QUARTHER 2017
19th Apr 201711:00 amRNSStabilisation Notice - NORILSK NICKEL
12th Apr 20174:05 pmEQSMMC Norilsk Nickel: Notification and public disclosure of transactions by persons discharging managerial responsibilities / persons closely associated with them

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