Oxus Gold PLC Outcome of Arbitration and Suspension from Trading (9602J)
23 Dezembro 2015 - 5:00AM
UK Regulatory
TIDMOXS
RNS Number : 9602J
Oxus Gold PLC
23 December 2015
23 December 2015
Oxus Gold plc
Statement re. Suspension and Update on Arbitration
Proceedings
Oxus Gold plc ("Oxus Gold" or the "Company") announces that
trading in the Company's ordinary shares on the AIM market of the
London Stock Exchange will be suspended with effect from 7.30 a.m.
today, pending clarification of the Company's future financial
position following a decision by the arbitral tribunal ("Arbitral
Tribunal" or "Tribunal") in respect of the Company's claims against
the Government of Uzbekistan.
Update on Arbitration Proceedings
Oxus Gold refers to the UNCITRAL international arbitration
proceedings commenced by the Company against the Government of
Uzbekistan on 31 August 2011, in relation to the expropriation of
the Company's investments in Amantaytau Goldfields Joint Venture
("AGF") and the Khandiza deposit, as described in RNS Number 3270N
dated 31 August 2011.
On 21 December 2015, the Arbitral Tribunal chaired by Professor
Pierre Tercier, Honorable Marc Lalonde and Professor Brigitte Stern
has rendered its final award.
The Company's claims with regard to the Company's investments in
the Khandiza deposit have been dismissed entirely. The claims with
regard to the Company's investments in AGF have been dismissed,
save for a finding of a breach of "fair and equitable treatment"
(FET) standard under the UK-Uzbekistan Bilateral Investment Treaty
as regards Uzbekistan's modifications in 2006 and 2009 of the
taxation regime applicable to AGF. The Tribunal awarded the Company
USD 10,299,572 in damages with interest of LIBOR + 2% to be
compounded annually as of the corresponding years 2004 to 2010 (the
"Final Award").
Honorable Marc Lalonde dissented with majority as far as
responsibility was concerned for the Company's inability to
complete the outstanding portion of AGF Phase 1 and to undertake
AGF Phase 2 works, stating that Uzbekistan should have been
declared 50 percent liable therefor.
Uzbekistan's counter-claims have been dismissed in their
entirety for lack of jurisdiction. The Tribunal ordered each party
to bear its own costs, and to each pay half of the Tribunal's fees
and expenses.
The Final Award obtained by the Company has to be considered
together with the outstanding claims of the third-party litigation
funder on this amount and the Company's other outstanding
liabilities.
The Company is in the process of analysing the Arbitral
Tribunal's decision with its legal advisers, as the only
possibility to challenge the Final Award, in part or in its
entirety, is through the French courts as Paris is the seat of the
arbitration. The Company may need to engage in discussions with its
litigation funder and other creditors prior to making a
decision.
As a result of the decision of the Tribunal, a material
uncertainty exists in relation to the Company's ability to continue
as a going concern and, therefore, to realise its assets and
discharge its liabilities in the normal course of business. The
Company will make further announcements as soon as possible and
trading in its ordinary shares is expected to be suspended until
clarification of the matters referred to above.
Mr. Said Ashurov, the former Chief Metallurgist of AGF, remains
in prison in Uzbekistan on what the Company considers to be an
unjust and improper conviction for seeking to remove classified
information from the country. This matter did not fall within the
scope of the arbitration.
Richard Shead, Chairman of the Company said: "I am devastated by
the decision of the arbitration award in relation to Oxus Gold and
will continue to work with the Company's lawyers to extract as much
value as possible for shareholders of the Company."
Contact details:
Oxus Gold plc Tel: +44 (0) 20 7907
Richard Shead 2000
SP Angel Corporate Finance Tel: +44 (0) 20 3470
LLP 0470
Ewan Leggat / Laura Harrison
This information is provided by RNS
The company news service from the London Stock Exchange
END
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December 23, 2015 02:00 ET (07:00 GMT)
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