Montero Mining and Exploration Ltd. (TSX-V: MON)
(“
Montero” or the “
Company”)
provides an update on Montero’s 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”).
On November 28, 2023, the arbitral Tribunal
informed both parties that the hearing scheduled to be held at the
ICSID premises in Washington DC., USA, from 4 - 7 December 2023,
must be postponed as one of the three arbitrators is unable to
travel to the United States at that time. The Tribunal prefer to
keep the hearing in person in Washington, D.C., rather than apart
in hybrid format, and therefore has decided to move the hearing
dates to early 2024. The Tribunal, in consultation with the
parties, will advise of new hearing dates when determined.
Dr Tony Harwood, President and CEO of Montero
commented: “While it is unfortunate that the arbitration hearing
has been delayed, we are happy to report that the preparation work
by our legal counsel, expert, and fact witnesses has been
thoroughly completed. Montero is well prepared to present its case
against Tanzania in early 2024 seeking in excess of CAD$ 90 million
for the expropriation of the Wigu Hill rare earth project. We note
that Indiana Resources judgement for US$113 million and Winshear
Gold’s settlement of US$30 million earlier in the year were both
led by Montero’s lead attorney Timothy Foden.”
Montero is represented by Timothy Foden of Boies
Schiller Flexner (UK) LLP and Martin Tavaut of Jeantet AARPI.
Timothy Foden is leading the ICSID arbitration for Montero. Montero
has retained Dr. Neal Rigby of SRK Consulting (USA) Inc. as quantum
expert with full dispute funding secured from Omni Bridgeway, a
leading global dispute funder.
Montero is seeking compensation in excess of
CAD$ 90,000,000 for damages and interest for the unlawful
expropriation of its Wigu Hill rare earth element project in
Tanzania. Montero is also seeking reimbursement of its arbitration
costs and fees by Tanzania. The damages claimed are for Tanzania’s
breaches of the Bilateral Investment Treaty between Canada and
Tanzania.
For further information, please see Montero’s
press releases dated 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 a
junior exploration company focused on finding, exploring, and
advancing globally significant gold, silver, and base metal
deposits 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 38,647,485 shares
outstanding.
For more information,
contact:Montero Mining and Exploration
Ltd. Dr. Tony Harwood, President, and
Chief Executive OfficerE-mail: ir@monteromining.comTel: +1 416 840
9197 | Fax: +1 866 688 4671www.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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