Dubious
RETIRED MOD
- Joined
- Jul 22, 2012
- Messages
- 37,717
- Reaction score
- 80
- Country
- Location
I will provide an example on the exercise using a newspaper article as my prop to analyze:
Pakistan told to pay $5.9bn to mining firm in Reko Diq case
Amin Ahmed
Updated July 14, 2019
The Reko Diq project site. — Photo courtesy Tethyan Copper Company Pakistan/File
ISLAMABAD: The International Centre for Settlement of Investment Disputes (ICSID), one of the five organisations of the World Bank Group, has announced a huge award of $5.976 billion against Pakistan in the Reko Diq case.
The international tribunal which provides facilities for conciliation and arbitration of international investment disputes, rendered its judgement on Friday — a 700-page ruling against Pakistan in the Reko Diq case.
The ICSID awarded a $4.08bn penalty and $1.87bn in interest. The full details of the case are yet to be released by the tribunal.
Special assistant to the prime minister on information Dr Firdous Ashiq Awan when contacted said the law ministry and the attorney general were looking into the matter in light of international laws. She expressed the hope that the government would come up with a formal reaction on Sunday (today). “This is what I can say right now,” she said.
The management of the Tethyan Copper Company (TCC) had claimed $11.43bn in damages. The company had filed claims for international arbitration before the ICSID in 2012 after the Balochistan government rejected a leasing request from the company.
PM’s aide Firdous says law ministry and attorney general are looking into the matter in the light of international laws
The case between the Pakistani government and the international company continued for at least seven years.
The TCC lodged the case against Pakistan on January 12, 2012, and the ICSID constituted the tribunal on July 12, 2012.
Klaus Sachs of Germany headed the tribunal while Stanimir A. Alexandrov of Bulgaria represented the claimants and Leonard Hoffmann of United Kingdom represented Pakistan.
Reko Diq mine is famous because of its vast gold and copper reserves and is believed to have the world’s fifth largest gold deposit. Reko Diq, which means sandy peak in the Balochi language, is a small town in Chagai district in Balochistan. It is located in a desert area, 70km north-west of Naukundi, close to the border with Iran and Afghanistan. The area is located in the Tethyan belt that stretches all the way from Turkey and Iran into Pakistan.
The deposit at Reko Diq is a large low grade copper porphyry, with total mineral resources of 5.9bn tonnes of ore with an average copper grade of 0.41 per cent and gold grade of 0.22 g/tonne. From this, the economically mineable portion of the deposit has been calculated at 2.2bn tonnes, with an average copper grade of 0.53pc and gold grade of 0.30 g/ton, with an annual production estimated at 200,000 tons of copper and 250,000 ounces of gold contained in 600,000 tons of concentrate.
According to the extensive technical and financial studies undertaken to secure optimal ‘economies of scale’ efficiencies, and lower mining and processing costs, a large scale, state-of-the-art mining and processing unit is required at Reko Diq.
The TCC completed an extensive and detailed bankable feasibility study establishing the basis for mine development at Reko Diq during August 2010 and submitted a mining lease application in February 2011, along with an environmental and social impact assessment report. Progress on the project came to a standstill in November 2011, when the government of Balochistan summarily rejected the application by the TCC’s local operating subsidiary for a mining lease in respect of Reko Diq.
The TCC was of the view that under the Chagai Hills Joint Venture Agreement (CHEJWA) between the company and the Balochistan government, as well as under the Balochistan Mineral Rules 2002, the TCC Pakistan was legally entitled to the mining lease subject only to ‘routine’ government requirements.
To protect its legal rights, in November 2011 the TCC commenced international arbitration proceedings at two forums: one against the Pakistan government with the International Centre for Settlement of Investment Disputes, asserting breaches of the Bilateral Investment Treaty between Australia (where the TCC is incorporated) and Pakistan, and another against the Balochistan government with the International Chamber of Commerce, asserting breaches of the CHEJVA.
Reuters adds: The TCC said it had invested more than $220 million by the time Pakistan’s government, in 2011, unexpectedly refused to grant them the mining lease needed to keep operating.
The ICSID ruled against Pakistan in 2017, but until now had yet to determine the damages owed to the TCC.
Tethyan board chair William Hayes said in a statement the company was still “willing to strike a deal with Pakistan,” but added that “it would continue protecting its commercial and legal interests until the dispute was over.”
https://www.dawn.com/news/1493967
Same news different sources:
https://dunyanews.tv/en/Pakistan/500274-Pakistan-slapped-with-$5.97-billion-penalty-in-Reko-Diq-case
https://www.pakistantoday.com.pk/20...an-pay-5-8-billion-damages-to-tethyan-copper/
To understand this you also need to read the previous article: https://www.dawn.com/news/1321955
Now lets analyze this, shall we?
First step: layout the situation and break it down:
A court trial about a mine.
Pakistan was fined 4+1 billion
Now lets get to the details:
Who?
the Tethyan Copper Company Pty Ltd (TCC), a joint venture between Antofagasta and Canada's Barrick Gold Corporation.
What?
TCC had discovered vast mineral wealth more than a decade ago in Reko Diq at the foot of an extinct volcano near Pakistan’s frontier with Iran and Afghanistan (Where). The deposit was set to rank among the world’s biggest untapped copper and gold mines. Tethyan Copper Company’s (TCC) management had claimed $11.43 billion in damages.
The company said it had invested more than $220 million by the time Pakistan’s government, in 2011 (When), unexpectedly refused to grant them the mining lease needed to keep operating. The government of Balochistan had in 2011 refused to grant a mining licence to TCC for the Reko Diq gold-cum-copper project.
Why?
“The feasibility report was found unsatisfactory by experts,” the then chief secretary of Balochistan, Mir Ahmed Bakhsh Lehri had said.
He alleged that the company had not mentioned anything in its report about the processing of gold and copper, which was the main concern of the Balochistan government.
A local government official, who requested anonymity, said at the time that TCC took 'too long' to complete its feasibility study and that it was "cheating" Balochistan by under-valuing the worth of the copper and gold.
How did it come to this?
The TCC was of the view that under the Chagai Hills Joint Venture Agreement (CHEJWA) between the company and the Balochistan government, as well as under the Balochistan Mineral Rules 2002, the TCC Pakistan was legally entitled to the mining lease subject only to ‘routine’ government requirements.
In its ruling, a three-judge bench of the apex court, headed by then chief justice Iftikhar Muhammad Chaudhry, had stated that the Chagai Hills Exploration Joint Venture Agreement — signed between the Balochistan government and Australian mining company BHP in 1993 — was in conflict with the laws of the country.
BHP had later sold its stakes to the then unknown TCC, which ran the mine till the case started in 2008.
The bench added that all amendments made to the agreement after its signing were unlawful and in contradiction with the agreement.
It further stated that TCC no longer had any rights in relation to the Reko Diq agreement.
However, the ICSID had initially denied its contention of mine ownership.
Reuters adds: The TCC said it had invested more than $220 million by the time Pakistan’s government, in 2011, unexpectedly refused to grant them the mining lease needed to keep operating.
This isnt the only way to analyze it but 1 of the ways to understand what happened and what is going on!
So sometimes you have to read multiple articles to get the full story. Sometimes previous articles will provide more information to continue the current article. Now instead of a personal experience maybe try it with an article of your choice (try choosing shorter articles)
Pakistan told to pay $5.9bn to mining firm in Reko Diq case
Amin Ahmed
Updated July 14, 2019
The Reko Diq project site. — Photo courtesy Tethyan Copper Company Pakistan/File
ISLAMABAD: The International Centre for Settlement of Investment Disputes (ICSID), one of the five organisations of the World Bank Group, has announced a huge award of $5.976 billion against Pakistan in the Reko Diq case.
The international tribunal which provides facilities for conciliation and arbitration of international investment disputes, rendered its judgement on Friday — a 700-page ruling against Pakistan in the Reko Diq case.
The ICSID awarded a $4.08bn penalty and $1.87bn in interest. The full details of the case are yet to be released by the tribunal.
Special assistant to the prime minister on information Dr Firdous Ashiq Awan when contacted said the law ministry and the attorney general were looking into the matter in light of international laws. She expressed the hope that the government would come up with a formal reaction on Sunday (today). “This is what I can say right now,” she said.
The management of the Tethyan Copper Company (TCC) had claimed $11.43bn in damages. The company had filed claims for international arbitration before the ICSID in 2012 after the Balochistan government rejected a leasing request from the company.
PM’s aide Firdous says law ministry and attorney general are looking into the matter in the light of international laws
The case between the Pakistani government and the international company continued for at least seven years.
The TCC lodged the case against Pakistan on January 12, 2012, and the ICSID constituted the tribunal on July 12, 2012.
Klaus Sachs of Germany headed the tribunal while Stanimir A. Alexandrov of Bulgaria represented the claimants and Leonard Hoffmann of United Kingdom represented Pakistan.
Reko Diq mine is famous because of its vast gold and copper reserves and is believed to have the world’s fifth largest gold deposit. Reko Diq, which means sandy peak in the Balochi language, is a small town in Chagai district in Balochistan. It is located in a desert area, 70km north-west of Naukundi, close to the border with Iran and Afghanistan. The area is located in the Tethyan belt that stretches all the way from Turkey and Iran into Pakistan.
The deposit at Reko Diq is a large low grade copper porphyry, with total mineral resources of 5.9bn tonnes of ore with an average copper grade of 0.41 per cent and gold grade of 0.22 g/tonne. From this, the economically mineable portion of the deposit has been calculated at 2.2bn tonnes, with an average copper grade of 0.53pc and gold grade of 0.30 g/ton, with an annual production estimated at 200,000 tons of copper and 250,000 ounces of gold contained in 600,000 tons of concentrate.
According to the extensive technical and financial studies undertaken to secure optimal ‘economies of scale’ efficiencies, and lower mining and processing costs, a large scale, state-of-the-art mining and processing unit is required at Reko Diq.
The TCC completed an extensive and detailed bankable feasibility study establishing the basis for mine development at Reko Diq during August 2010 and submitted a mining lease application in February 2011, along with an environmental and social impact assessment report. Progress on the project came to a standstill in November 2011, when the government of Balochistan summarily rejected the application by the TCC’s local operating subsidiary for a mining lease in respect of Reko Diq.
The TCC was of the view that under the Chagai Hills Joint Venture Agreement (CHEJWA) between the company and the Balochistan government, as well as under the Balochistan Mineral Rules 2002, the TCC Pakistan was legally entitled to the mining lease subject only to ‘routine’ government requirements.
To protect its legal rights, in November 2011 the TCC commenced international arbitration proceedings at two forums: one against the Pakistan government with the International Centre for Settlement of Investment Disputes, asserting breaches of the Bilateral Investment Treaty between Australia (where the TCC is incorporated) and Pakistan, and another against the Balochistan government with the International Chamber of Commerce, asserting breaches of the CHEJVA.
Reuters adds: The TCC said it had invested more than $220 million by the time Pakistan’s government, in 2011, unexpectedly refused to grant them the mining lease needed to keep operating.
The ICSID ruled against Pakistan in 2017, but until now had yet to determine the damages owed to the TCC.
Tethyan board chair William Hayes said in a statement the company was still “willing to strike a deal with Pakistan,” but added that “it would continue protecting its commercial and legal interests until the dispute was over.”
https://www.dawn.com/news/1493967
Same news different sources:
https://dunyanews.tv/en/Pakistan/500274-Pakistan-slapped-with-$5.97-billion-penalty-in-Reko-Diq-case
https://www.pakistantoday.com.pk/20...an-pay-5-8-billion-damages-to-tethyan-copper/
To understand this you also need to read the previous article: https://www.dawn.com/news/1321955
Now lets analyze this, shall we?
First step: layout the situation and break it down:
A court trial about a mine.
Pakistan was fined 4+1 billion
Now lets get to the details:
Who?
the Tethyan Copper Company Pty Ltd (TCC), a joint venture between Antofagasta and Canada's Barrick Gold Corporation.
What?
TCC had discovered vast mineral wealth more than a decade ago in Reko Diq at the foot of an extinct volcano near Pakistan’s frontier with Iran and Afghanistan (Where). The deposit was set to rank among the world’s biggest untapped copper and gold mines. Tethyan Copper Company’s (TCC) management had claimed $11.43 billion in damages.
The company said it had invested more than $220 million by the time Pakistan’s government, in 2011 (When), unexpectedly refused to grant them the mining lease needed to keep operating. The government of Balochistan had in 2011 refused to grant a mining licence to TCC for the Reko Diq gold-cum-copper project.
Why?
“The feasibility report was found unsatisfactory by experts,” the then chief secretary of Balochistan, Mir Ahmed Bakhsh Lehri had said.
He alleged that the company had not mentioned anything in its report about the processing of gold and copper, which was the main concern of the Balochistan government.
A local government official, who requested anonymity, said at the time that TCC took 'too long' to complete its feasibility study and that it was "cheating" Balochistan by under-valuing the worth of the copper and gold.
How did it come to this?
The TCC was of the view that under the Chagai Hills Joint Venture Agreement (CHEJWA) between the company and the Balochistan government, as well as under the Balochistan Mineral Rules 2002, the TCC Pakistan was legally entitled to the mining lease subject only to ‘routine’ government requirements.
In its ruling, a three-judge bench of the apex court, headed by then chief justice Iftikhar Muhammad Chaudhry, had stated that the Chagai Hills Exploration Joint Venture Agreement — signed between the Balochistan government and Australian mining company BHP in 1993 — was in conflict with the laws of the country.
BHP had later sold its stakes to the then unknown TCC, which ran the mine till the case started in 2008.
The bench added that all amendments made to the agreement after its signing were unlawful and in contradiction with the agreement.
It further stated that TCC no longer had any rights in relation to the Reko Diq agreement.
However, the ICSID had initially denied its contention of mine ownership.
Reuters adds: The TCC said it had invested more than $220 million by the time Pakistan’s government, in 2011, unexpectedly refused to grant them the mining lease needed to keep operating.
This isnt the only way to analyze it but 1 of the ways to understand what happened and what is going on!
So sometimes you have to read multiple articles to get the full story. Sometimes previous articles will provide more information to continue the current article. Now instead of a personal experience maybe try it with an article of your choice (try choosing shorter articles)
.
