Arbitration ruling expected in Mongolia uranium deposit case in 2014

Dec 13 • Business, Mining, News • 408 Views • No Comments on Arbitration ruling expected in Mongolia uranium deposit case in 2014

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An arbitration tribunal is expected to issue a decision in early 2014 on Khan Resources Inc.’s (Khan) $326 million claim against the Mongolian government over its allegedly illegal expropriation of uranium deposit mines.
Khan submitted seven volumes of evidence in support of its claim last week, containing thousands of pages of documents. The Mongolian government has until April 5, 2013 to respond, and in turn Kahn will have until June 28, 2013 to respond to Mongolia’s filings. The tribunal is scheduled to meet from November 11 to 15, 2013. A ruling is expected in the first half of 2014.
RAPSI reported in late July that the international arbitration tribunal had upheld jurisdiction over Kahn’s claim against the Government of Mongolia.
The ruling, necessitated by Mongolia’s objection to the tribunal’s jurisdiction over the claim, opened the doors for the tribunal to rule both on the merits of the claim and on the amount of damages accrued.
Khan filed the arbitration action in January 2011 on the basis of an illegal expropriation claim. In its initial filing, Khan alleged that the Mongolian government had “caused substantial loss and damage to claimants and their investments through expropriatory, unlawful, unfair, and discriminatory treatment” in connection with the Dornod uranium deposit in northeastern Mongolia.
Khan is simultaneously engaged in a legal battle with Russian uranium producer Atomredmetzoloto (ARMZ). In August 2010, Khan filed a $300 million claim against ARMZ in a Canadian court on the basis of an alleged breach of fiduciary duties and damage to its rights, reputation, and property.
Russia’s Justice Ministry refused to honor Khan’s request that it serve ARMZ with process. Khan then filed an motion with Ontario’s Superior Court to validate the service of process. Ontario’s Supreme Court initially held for Khan, but on appeal held for ARMZ on the basis of the theory that Khan had not exhausted all process service options. Khan is currently appealing the decision.

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