Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”)
provides an update on the arbitration proceedings against the
United Republic of Tanzania (“
Tanzania”) over the
expropriation of the Wigu Hill rare earth element project
(“
Wigu Hill”) before the International Centre for
Settlement of Investment Disputes (“
ICSID”).
The Tribunal has set new dates for the hearing
which will take place from November 25th to 29th 2024, at the Paris
Arbitration Centre, Paris, France. After the previous hearing date
was postponed, the Tribunal preferred to keep the hearing in person
and decided to move the hearing dates to accommodate all
parties.
Dr Tony Harwood, President and CEO of Montero
commented: “Montero is pleased that a new hearing date has been
decided by the Tribunal. We are ready to present our case at the
hearing which will be open to the public and which recordings will
be made available online. We are optimistic of a positive outcome
given the Indiana Resources judgement for US$ 113 million, plus
legal costs, and Winshear Gold’s settlement of US$ 30 million, both
of which were concluded in 2023 and led by Montero’s lead attorney
Timothy Foden.”
Montero is represented by Timothy Foden of Boies
Schiller Flexner (UK) LLP and Martin Tavaut of Jeantet AARPI.
Timothy Foden is leading the ICSID arbitration for Montero. Montero
has retained Dr. Neal Rigby of SRK Consulting (USA) Inc. as quantum
expert with full dispute funding secured from Omni Bridgeway, a
leading global dispute funder.
Montero’s dispute with Tanzania is also subject
to ICSID arbitration. Montero is seeking compensation in excess of
CDN$ 90,000,000 in damages from Tanzania over the expropriation of
the Wigu Hill rare earth element project. Montero is also seeking
reimbursement of its arbitration costs and fees by Tanzania. The
damages claimed are for Tanzania’s breaches of the BIT between
Canada and Tanzania. On May 16, 2024, Indiana Resources Limited
provided a corporate update that the company’s total award was
approximately US$ 123 million with interest on this award and is
accruing at a rate of US$ 1 million per month. Montero has
experienced nearly a year's delay in rescheduling the arbitration
hearing, despite the delay, high interest rates may be beneficial
to the Company if the judgment is in Montero's favour and includes
interest rates.
For further information, please see Montero’s
recent press releases dated December 1st, 2023, November 14th,2023,
September 21st, 2023, July 19th, 2023, April 25th, 2023, July 28th,
2022, April 12th, 2022, November 29th, 2021, and January 8th, 2021,
and the ICSID website.
(https://icsid.worldbank.org/services/arbitration/convention/process/overview).
The ICSID Convention has been ratified by 158
States, including Tanzania. An award issued by an ICSID tribunal is
enforceable in any one of those 158 member States as if it were a
judgment of one of their own courts. Partly because of this, States
often comply voluntarily with the payment terms of such awards.
Qualified Person’s
StatementThis press release was reviewed and approved by
Mr. Mike Evans, M.Sc. Pr.Sci.Nat., a qualified person for the
purpose of National Instrument 43-101. It has also been reviewed by
Mr. Martin Tavaut, avocat à la cour (Paris, France) and Mr. Timothy
Foden of Boies Schiller Flexner (UK) LLP.
DisclaimerWhile the facts and
the grounds of the Indiana case are similar to those of Montero’s,
the cases are heard by different tribunals, which does not
guarantee the same outcome for Montero’s case.
About MonteroMontero is
currently in arbitration proceedings before the International
Centre for Settlement of Investment Disputes seeking in excess of
CDN$ 90 million in damages from the United Republic of Tanzania
over the expropriation of the Wigu Hill rare earth element project.
Montero is also seeking a joint venture partner to advance its
Avispa copper-molybdenum project in Chile. Montero’s board of
directors and management have an impressive track record of
successfully discovering and advancing precious metal and copper
projects. Montero trades on the TSX Venture Exchange under the
symbol MON and has 45,281,295 shares outstanding.
For more information,
contact:Montero Mining and Exploration
Ltd. Dr. Tony Harwood, President and
Chief Executive OfficerE-mail: ir@monteromining.comTel: +1 604 428
7050www.monteromining.com
Neither TSX Venture Exchange nor its Regulation
Services Provider (as that term is defined in the policies of the
TSX Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
INFORMATION: This news release includes certain "forward-looking
information" within the meaning of applicable Canadian securities
laws. Forward looking information includes, but is not limited to,
statements, projections and estimates with respect to the Share
Consolidation. Generally, forward-looking information can be
identified by the use of forward-looking terminology such as
“plans”, “expects” or “does not expect”, “is expected”, “budget”,
“scheduled”, “estimates”, “forecasts”, “intends”, “anticipates” or
“does not anticipate”, or “believes”, or variations of such words
and phrases or state that certain actions, events or results “may”,
“could”, “would”, “might” or “will be taken”, “occur” or “be
achieved”. Such information is based on information currently
available to Montero and Montero provides no assurance that actual
results will meet management's expectations. Forward-looking
information by its very nature involves inherent risks and
uncertainties that may cause the actual results, level of activity,
performance, or achievements of Montero to be materially different
from those expressed or implied by such forward-looking
information. Actual results relating to, among other things,
completion of the agreement, results of exploration, project
development, reclamation and capital costs of Montero’s mineral
properties, and financial condition and prospects, could differ
materially from those currently anticipated in such statements for
many reasons such as: an inability to complete the agreement on the
terms as announced or at all; changes in general economic
conditions and conditions in the financial markets; changes in
demand and prices for minerals; litigation, legislative,
environmental and other judicial, regulatory, political and
competitive developments; technological and operational
difficulties encountered in connection with Montero’s activities;
and other matters discussed in this news release and in filings
made with securities regulators. This list is not exhaustive of the
factors that may affect any of Montero’s forward-looking
statements. These and other factors should be considered carefully
and accordingly, readers should not place undue reliance on
forward-looking information. Montero does not undertake to update
any forward-looking information, except in accordance with
applicable securities laws.
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