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Wednesday, 14 December 16
INTERNATIONAL TRIBUNAL DISMISSED CHURCHILL MINING'S DAMAGES CLAIM AGAINST REPUBLIC OF INDONESIA
 The Directors of Churchill Mining plc advise that, the ICSID Tribunal (“Tribunal”) granted Indonesia’s application to dismiss the Churchill claims for damages arising out of the revocation of the mining licenses that made up the East Kutai Coal Project in East Kalimantan (“EKCP”) Indonesia.
According to Churchill, the Tribunal’s decision has included the following findings:-
(1) Thirty four (34) disputed documents were held to be not authentic;
(2) The forger of the disputed documents was most likely a person or persons acting for or on behalf of Churchill’ s Indonesian partner the Ridlatama group in collusion with a person inside the East Kutai Regency;
(3) There was no finding that Churchill or its officers were involved in any forgery;
(4) Churchill’s due diligence investigations conducted at the time of acquiring the East Kutai Coal licenses were insufficient ;
(5) The claims brought by Churchill in this arbitration are dismissed; and
(6) Churchill is ordered to pay a total of USD 9,446,528 in costs and arbitration tribunal fees.
According to media reports, Churchill's 100%-owned Australian subsidiary Planet Mining Pty, which via its 5% shareholding in PT Indonesia Coal Development also held an interest in the East Kutai Coal Project, has also filed for arbitration at ICSID.
In February 2014, the ICSID ruled in Churchill’s favour, enabling it to pursue the claim for damages against the Indonesian government.
According to the document posted on company's website, the Churchill Chairman David Quinlivan said “ We are obviously extremely disappointed by the Tribunal’s decision and the fact that the Tribunal drew no adverse inferences against Indonesia following the refusal by Mr. Isran Noor to attend the August 2015 hearing so that he could be cross-examined and the refusals by Indonesia to provide documents that the Tribunal itself considered prima facie relevant. While we are still reviewing the reasons, the Tribunal appears to have accepted that Mr. Noor was deceived into signing the exploitation licenses despite his non-appearance and his witness statement having been struck from the record. Indonesia has always conceded that the EKCP exploitation licenses were validly issued and signed and it is difficult to understand how the Tribunal found otherwise on the evidence available."
According to Churchill, the ICSID process allows Churchill to request annulment of the award by an application in writing addressed to the Secretary-General on the following grounds:
(i) that the Tribunal was not properly constituted;
(ii) that the Tribunal has manifestly exceeded its powers;
(iii) that there has been a serious departure from a fundamental rule of procedure; or
(iv) that the award has failed to state the reasons on which it is based.
Churchill believes there are grounds to annul this award and is working with its lawyers Clifford Chance LLP to determine which of the above grounds may be available.
As part of that application, Churchill would seek a stay of the costs orders that have been made. As referred to above, Churchill has been ordered to pay a total of USD 9, 446,528 in costs and arbitration tribunal fees and accordingly the suspension in trading of the Company’s shares on AIM will remain in place pending clarification of the Company’s financial position.
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Monday, 26 December 16
DO THE DERIVATIVES MARKETS MAKE COAL PRICES MORE VOLATILE? 59.21% SAY YES, POLL
COALspot.com: The substantial increase or decrease in coal prices within a short period of time has been supported by a number of fundamental drive ...
Friday, 23 December 16
U.S. YEAR-TO-DATE COAL PRODUCTION TOTALED 711.1 MMST; DOWN 18.5% Y/Y - EIA
COALspot.com – U.S., the world’s second largest coal producers have produced approximately totalled an estimated 15.7 million short ton ...
Thursday, 22 December 16
INDONESIA LACK OF EXPORT TO INDIA THIS WEEK - FERNLEYS
Supramax
While the Atlantic is keeping up with rates, the Pacific has been weaker says Astrup Fernley.
According to Astrup Fernley, backhaul ...
Wednesday, 21 December 16
THE SUPREME COURT DECISION IN OW BUNKERS - WHEN A SALE OF GOODS IS NOT A SALE OF GOODS - LEON ALEXANDER, CLYDE&CO
KNOWLEDGE TO ELEVATE
In May 2016 the Supreme Court of England & Wales gave judgment in an OW Bunkers test case entitled "Res Cogitans ...
Wednesday, 21 December 16
CLEANING THE OCEANS FROM PLASTIC - SOPHIE COTZIAS
2016 is coming to a close and it finds us in preparation for the 2017 enforcement of the Ballast Water Treatment Systems. We naturally are in thoug ...
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- The University of Queensland
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- Ceylon Electricity Board - Sri Lanka
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- Sical Logistics Limited - India
- Wood Mackenzie - Singapore
- Alfred C Toepfer International GmbH - Germany
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- Semirara Mining Corp, Philippines
- Bukit Asam (Persero) Tbk - Indonesia
- Georgia Ports Authority, United States
- Coal and Oil Company - UAE
- Posco Energy - South Korea
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- Altura Mining Limited, Indonesia
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- Goldman Sachs - Singapore
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- Bharathi Cement Corporation - India
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- Global Coal Blending Company Limited - Australia
- The Treasury - Australian Government
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- Australian Commodity Traders Exchange
- Petron Corporation, Philippines
- Heidelberg Cement - Germany
- IHS Mccloskey Coal Group - USA
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- European Bulk Services B.V. - Netherlands
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- White Energy Company Limited
- Attock Cement Pakistan Limited
- Australian Coal Association
- Economic Council, Georgia
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- Bank of Tokyo Mitsubishi UFJ Ltd
- Ministry of Finance - Indonesia
- Intertek Mineral Services - Indonesia
- Parry Sugars Refinery, India
- Global Business Power Corporation, Philippines
- Kideco Jaya Agung - Indonesia
- International Coal Ventures Pvt Ltd - India
- Dong Bac Coal Mineral Investment Coporation - Vietnam
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- Karbindo Abesyapradhi - Indoneisa
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- McConnell Dowell - Australia
- SN Aboitiz Power Inc, Philippines
- Madhucon Powers Ltd - India
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- Mercuria Energy - Indonesia
- Dr Ramakrishna Prasad Power Pvt Ltd - India
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- Singapore Mercantile Exchange
- PetroVietnam Power Coal Import and Supply Company
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- Directorate General of MIneral and Coal - Indonesia
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- CIMB Investment Bank - Malaysia
- ICICI Bank Limited - India
- Romanian Commodities Exchange
- Wilmar Investment Holdings
- Cement Manufacturers Association - India
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- Xindia Steels Limited - India
- Aditya Birla Group - India
- Maharashtra Electricity Regulatory Commission - India
- Bhoruka Overseas - Indonesia
- GN Power Mariveles Coal Plant, Philippines
- ASAPP Information Group - India
- PTC India Limited - India
- Parliament of New Zealand
- Siam City Cement - Thailand
- India Bulls Power Limited - India
- Indika Energy - Indonesia
- Sindya Power Generating Company Private Ltd
- Simpson Spence & Young - Indonesia
- Meralco Power Generation, Philippines
- Billiton Holdings Pty Ltd - Australia
- Indonesian Coal Mining Association
- VISA Power Limited - India
- Deloitte Consulting - India
- Chettinad Cement Corporation Ltd - India
- Sakthi Sugars Limited - India
- Straits Asia Resources Limited - Singapore
- Power Finance Corporation Ltd., India
- Coalindo Energy - Indonesia
- Standard Chartered Bank - UAE
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- Bukit Baiduri Energy - Indonesia
- GAC Shipping (India) Pvt Ltd
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Asmin Koalindo Tuhup - Indonesia
- Indogreen Group - Indonesia
- Electricity Generating Authority of Thailand
- Electricity Authority, New Zealand
- Larsen & Toubro Limited - India
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- Miang Besar Coal Terminal - Indonesia
- PowerSource Philippines DevCo
- Star Paper Mills Limited - India
- Maheswari Brothers Coal Limited - India
- MS Steel International - UAE
- Vizag Seaport Private Limited - India
- Binh Thuan Hamico - Vietnam
- London Commodity Brokers - England
- SMG Consultants - Indonesia
- IEA Clean Coal Centre - UK
- LBH Netherlands Bv - Netherlands
- Ind-Barath Power Infra Limited - India
- Leighton Contractors Pty Ltd - Australia
- Chamber of Mines of South Africa
- Pendopo Energi Batubara - Indonesia
- Baramulti Group, Indonesia
- Central Electricity Authority - India
- CNBM International Corporation - China
- Mintek Dendrill Indonesia
- Petrochimia International Co. Ltd.- Taiwan
- SMC Global Power, Philippines
- Bhushan Steel Limited - India
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- OPG Power Generation Pvt Ltd - India
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- Siam City Cement PLC, Thailand
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