Antilles Gold

Arbitration Award for Antilles Gold’s Subsidiary

Antilles Gold Limited (“Antilles Gold” or the “Company”) (ASX: AAU, OTCQB: ANTMF) advises that an Award has been issued by the Tribunal of the International Centre for Settlement of Investment Disputes (“ICSID”) which conducted Arbitration proceedings to determine several Claims by wholly owned subsidiary, EnviroGold (Las Lagunas) Limited (“EVGLL”), against the Government of the Dominican Republic (‘the Government”, or “the State”).


The Claims relate to the Las Lagunas Gold Tailings Project which involved EVGLL recovering approximately 5.0 million tonnes of 3.5g/t gold tailings stored in a dam at Las Lagunas in the Dominican Republic, which originated from the adjacent Pueblo Viejo mine, and then oxidising the toxic sulphide tailings before producing a gold dore for refining overseas, and the sale of bullion.

The Project operated from July 2012 to December 2019, and was carried out under the terms of a Contract between EVGLL and the State dated 28 April 2004.

ICSID, which is based in Washington DC, and is a Unit of the World Bank, has been conducting the Arbitration through a three-member Tribunal established on 5 August 2020. The Award was issued on 24 April 2024, and received by EVGLL on 25 April 2024 following a final hearing in early June 2023.

EVGLL has been awarded US$4,070,283.85 (~A$ 6,308,940 at an exchange rate of A$1:00 = US$0.65) including interest to 24 April 2024. Simple interest continues to accrue at 7.3% pa.

The attached “Review Of Arbitration Award” details the Claims made, and the reasons for certain adverse decisions by the Tribunal which are perplexing, and in the Company’s view, unreasonable.

The result is disappointing, and is primarily as a result of the Tribunal rejecting EVGLL’s principal Claim of US$15.5 million for additional costs, and reduced gold production that resulted from the State’s failure to meet its contractual obligation to provide a site for the construction of a tailings storage facility into which reprocessed tailings could be deposited.

As a consequence, the reprocessed tailings had to be redeposited back into the Las Lagunas Dam behind substantial rock retaining walls at a considerable cost.

The Tribunal found that EVGLL had preferred to redeposit the reprocessed tailings back into the Las Lagunas Dam, and despite acknowledging the State’s breach of contract, ruled that EVGLL had effectively waived the State’s obligation to provide a site for the construction of a new dam.

In the opinion of the two Executive Directors of EVGLL involved in the Project, the Tribunal failed to take into account, or believe, their sworn Witness Statements, and oral testimony which reinforced EVGLL’s rights, and commitment to build a new tailings dam had the site been provided by the State.

A positive element of the Award was the Tribunal ordering the State to compensate EVGLL for the State’s breach of EVGLL’s entitlement to a special compensatory and fiscal regime, and to lift illegal garnishments that have prevented EGVLL from selling plant and equipment stored at Las Lagunas since October 2019, and to not reimpose them.

This will allow EVGLL to sell approximately A$3.0 million to A$4.0 million of surplus assets. While the State was directed to reimburse EVGLL for the Jurisdictional Phase of the Arbitration settled in EVGLL’s favour on 31 March 2022, the Award in relation to legal costs for the Merits

Phase of the Arbitration is based on EVGLL having to pay for 86% of the total of both parties legal costs, after winning only 14% of the total amount of its Claims. EVGLL will reimburse the State ~US$1,500,000 of its legal costs, plus simple interest accruing at 7.3%pa.

The A$6.3 million awarded to EVGLL is expected to be received in the near term, and will assist the Antilles Gold Group to fund the outstanding US$2.0 million of its farm-in to a 50% shareholding in Cuban joint venture company, Minera La Victoria, and the development of its first project, the Nueva Sabana gold-copper mine.

The Chairman of Antilles Gold, Mr Brian Johnson, commented that “the Tribunals’ reasons for rejecting the main Claim are difficult to comprehend, but there is no right of appeal. The Company would not have expended so much time and money on arbitration of this Claim if the Board, and its legal advisors had not thought it to be both genuine, and justified.

EVGLL will collect its entitlement to A$6.3M, and the Group will move on with its projects in Cuba.”


Click here for the full ASX Release

This article includes content from Antilles Gold, licensed for the purpose of publishing on Investing News Australia. This article does not constitute financial product advice. It is your responsibility to perform proper due diligence before acting upon any information provided here. Please refer to our full disclaimer here.

AAU:AU
The Conversation (0)
Antilles Gold Limited

Antilles Gold Limited

Developing Gold and Copper Projects in mineral‐rich Cuba

Developing Gold and Copper Projects in mineral‐rich Cuba Keep Reading...
Antilles Gold to Raise $1.0M for Working Capital

Antilles Gold to Raise $1.0M for Working Capital

Antilles Gold Limited (AAU:AU) has announced Antilles Gold to Raise $1.0M for Working CapitalDownload the PDF here. Keep Reading...
Quarterly Activities/Appendix 5B Cash Flow Report

Quarterly Activities/Appendix 5B Cash Flow Report

Antilles Gold Limited (AAU:AU) has announced Quarterly Activities/Appendix 5B Cash Flow ReportDownload the PDF here. Keep Reading...
Summary of Pre-Feasibility Study for Nueva Sabana Mine

Summary of Pre-Feasibility Study for Nueva Sabana Mine

Antilles Gold Limited (AAU:AU) has announced Summary of Pre-Feasibility Study for Nueva Sabana MineDownload the PDF here. Keep Reading...
Revision to Updated Scoping Study Nueva Sabana Mine, Cuba

Revision to Updated Scoping Study Nueva Sabana Mine, Cuba

Antilles Gold Limited (AAU:AU) has announced Revision to Updated Scoping Study Nueva Sabana Mine, CubaDownload the PDF here. Keep Reading...
Don Durrett, gold and silver bars.

Don Durrett: Gold, Silver Stock Opportunity "Unbelievable," My Focus Now

Don Durrett of GoldStockData.com shares his updated gold and silver price outlook, as well as how his portfolio is focused given the current environment. "You have this unbelievable opportunity here — the leverage is just somewhat crazy," he said.Don’t forget to follow us @INN_Resource for... Keep Reading...
John Griffith, gold bars.

Gold Trend is Up, Output to Grow 500 Percent by 2030 | Gold Royalty's John Griffith

John Griffith, president of Gold Royalty (NYSEAMERICAN:GROY), outlines his company's growth plans in what he expects to continue to be a strong gold price environment. "If you just look at our current portfolio, we have over the next five years 500 percent growth all fully bought and paid for,"... Keep Reading...
Domestic Metals CEO Gordon Neal.

Domestic Metals Drilling Rio Tinto's Smart Creek Hole at a New Angle

Domestic Metals (TSXV:DMCU,OTCQB:DMCUF,FWB:03E0) President and CEO Gordon Neal discussed the drill program now underway at the Smart Creek project in Montana.Speaking with the Investing News Network at the Precious Metals Summit in Beaver Creek, Neal emphasized that Rio Tinto's... Keep Reading...
Businessmen shaking hands.

Franco-Nevada Takes 12.4 Percent Stake in Kenorland Minerals

Royalty and streaming giant Franco-Nevada (TSX:FNV,NYSE:FNV) has acquired a 12.42 percent stake in explorer Kenorland Minerals (TSXV:KLD,OTCQX:KLDCF) through a $22.2 million private block trade.The Toronto-based firm purchased 10 million Kenorland common shares at $2.22 each, buying out the... Keep Reading...
Ronald-Peter Stoeferle, gold bars.

Ronald-Peter Stoeferle: Gold's Key Triggers, Plus Final Price Target

Ronald-Peter Stoeferle of Incrementum shares his thoughts on gold, identifying several price triggers that he believes will drive the yellow metal higher. Those include a change in messaging from the US Federal Reserve and a US dollar bear market. "I think we've got still two, three, four good... Keep Reading...

Interactive Chart

Latest Press Releases

Related News