Court of Arbitration Issued Final Award of Arbitration Between Minera IRL and COFIDE
16 Setembro 2019 - 6:26PM
Minera IRL Limited ("Minera IRL" or the "Company") (BVL: MIRL, CSE:
MIRL) is pleased to announce that the Court of Arbitration
presiding over the Company’s dispute with Corporación Financiera de
Desarrollo (
“COFIDE”) has issued its Final
Arbitration Award.
The Court of Arbitration from the Arbitration
Center of the Chamber of Commerce of Lima (CCL) ruled in favor of
the Company on five of the seven claims made by the Company in its
Complaint, which was originally filed in June 2017. Of the
two remaining claims, one was rejected and the other was determined
to be outside of the Arbitrators’ jurisdiction.
The Award provides that COFIDE must pay the
Company an aggregate amount of US $34,213,091, broken down as
follows: US $18,750,234 for consequential damages; US $13,962,857
for lost profit and US $1,500,000 for damage to the Company's
reputation, plus statutory interest in favor of the Company accrued
at the rate of the Central Reserve Bank of Peru (BCRP) from July
17, 2017 to the effective date of such payment.
The Panel declared the following:
- COFIDE is the creditor under a $70,000,000 bridge loan (the
“Bridge Loan”) to the Company pursuant to a
written mandate (the “Bridge Loan Mandate”);
- COFIDE agreed to assist the Company in creating a long term
credit facility that would be used as the source of funds to repay
the Bridge Loan;
- COFIDE did not comply with its obligation to assist the Company
in structuring a long term credit facility and this failure
constituted gross negligence;
- the Company suffered damage as a result of COFIDE’s gross
negligence;
- the termination of the long term credit mandate by COFIDE was
valid and fully effective;
- the costs and fees of the arbitration are to be paid 75% by
COFIDE and 25% by the Company;
- it is not necessary to order COFIDE to publicly retract the
statements made against IRL or the Ollachea mining project because
the Panel believes that the Final Arbitration Award fulfills this
objective of the Company.
- the arbitration panel does not have jurisdiction to enter an
order requiring repayment of the Bridge Loan because the Bridge
Loan facility expressly provides that it is subject to the
jurisdiction of the courts of New York.
In the Award, the Arbitration Panel expressly
stated that the Ollachea Gold Project is viable, that it could be
financed by means of a long term credit facility such as the
parties contemplated in the Bridge Loan Mandate, and that COFIDE
had failed to make the necessary efforts to obtain such a long term
credit facility.
“The Company accepts the Arbitration Award and
stands ready and willing to fulfill and honor all its commitments,
as it has informed to COFIDE on repeated occasions, making itself
available to agree on a financial solution regarding the Bridge
Loan. On the other hand, the Company expects to obtain the
long-term financing for the Ollachea project, and we sincerely
thank our shareholders and the community at Ollachea for their
continued support and trust,” said Gerardo Perez, Chairman of the
Board of Minera IRL Limited.
The Final Award is not subject to appeal.
COFIDE can apply for annulment based on due process and formality
grounds within 20 business days.
FOR FURTHER INFORMATION, PLEASE CONTACT:
Minera IRL
Limited |
|
Gerardo Pérez |
|
Chairman |
+51 1 418 - 1230 |
|
|
Diego Benavides |
+51 1 418 - 1230 |
Director and CEO |
|
|
|
Carlos Ruiz de Castilla |
+1 778 387 5434 |
CFO |
|
No stock exchange, securities commission or other regulatory
authority has approved or disapproved the information contained in
this news release.
Cautionary Statement on Forward-Looking
Information
Certain information in this news release,
including information about the Company’s financial expectations in
general and its ability to finance the Ollachea gold project in
particular, and other statements expressing management’s
expectations or estimates of future events, performance and
exploration and development programs or plans constitutes
“forward-looking statements”. Forward-looking statements are
based upon estimates and assumptions. While management
believes these assumptions and statements to be reasonable in the
context in which they are made, forward-looking statements are
inherently subject to political, legal, regulatory, business and
economic risks and competitive uncertainties and contingencies. The
Company cautions readers that forward-looking statements involve
known and unknown risks, uncertainties and other factors that may
cause Minera IRL’s actual financial results, future performance and
results of exploration and development programs and plans to be
materially different than those expected or estimated future
results, performance or achievements and that forward-looking
statements are not guarantees of future performance, results or
achievements.
Minera IRL assumes no obligation, except as may
be required by law, to update or revise them to reflect new events
or circumstances. Risks, uncertainties and contingencies and other
factors that might cause actual performance to differ from
forward-looking statements include, but are not limited to, any
failure to obtain or complete project financing for the Ollachea
Gold Project, availability of labour and equipment and financial
resources, delays in development or in receiving reports on our
development, changes in the price of precious metals and
commodities, changes in the relative exchange rates of the US
dollar against the Peruvian nuevo sol, interest rates, legislative,
political, social or economic developments both within the
countries in which the Company operates and in general, contests
over title to property, the speculative nature of mineral
exploration and development, operating or technical difficulties in
connection with the Company’s development or exploration programs,
increasing costs as a result of inflation or scarcity of human
resources and input materials or equipment. Known and unknown risks
inherent in the mining business include potential uncertainties
related to the title of mineral claims, the accuracy of mineral
reserve and resource estimates, metallurgical recoveries, capital
and operating costs and the future demand for minerals. For
additional information, please consult the Company’s most recently
filed MD&A and Annual Information Form.
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