DEC. 23 2016 (The Conway Bulletin) — A UN court dismissed a $400m claim by British mining company Oxus Gold against Uzbekistan after the Uzbek government took control of its stake in a gold mine in 2011, a blow to the company’s ambition of recovering cash from its former asset.
The UN Commission on International Trade Law (UNCITRAL) instead awarded $10.2m in damages to Oxus for what it said was a breach of a UK-Uzbekistan Bilateral Investment Treaty on tax issues.
Oxus chairman Richard Shead said that he was disappointed that the UN court had failed to uphold its claim of $400 for what he described as the expropriation of its assets at the Amantaytau Gold Fields (AGF) and the Khandiza deposits.
“I’m 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,” Mr Shead said.
The UN court has not made clear why it turned down Oxus Gold’s application for damages. Uzbekistan has not commented.
Ozux had owned a 50% stake in the Amantaytau Goldfields JV in the Kyzylkum desert. It lost control of this stake in 2011 after the government ran an audit of the mine and accused Oxus of environmental damage, failing to pay enough tax and not meeting its investment obligations.
Eric McGlinchey, professor at George Mason University who focuses on litigation of Central Asian property, said that Oxus may turn to another court to look for another, more favourable, verdict.
“The $10m the tribunal awarded for Uzbekistan’s violation of fair treatment standards may allow Oxus to tread water a little longer in the hope of receiving a more favourable verdict from a different court,” Mr McGlinchey told The Bulletin.
Western firms have been disparaging of the investment climate in Uzbekistan and will be dismayed by the UN court’s decision against Oxus.
ENDS
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(News report from Issue No. 262, published on Jan. 8 2016)