Stans Energy heavy rare earth Prod. 2012
Uns Allen einen STANS-grünen Daumen !
Der olle Teras.
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On 15 April 2014 the Ontario Superior Court decided that the Kyrgyz Republic had an interest in these shares that may be subject to arbitral award’s enforcement. The court found that while JSC KyrgyzAltyn held these shares they were owned by the Kyrgyz Republic. To reach this conclusion it relied on the terms and conditions of the agreement under which the shares had been acquired, the Kyrgyz Republic’s regulations relating to these shares and various public statements made by Kyrgyz officials.
The court specifically stressed that it did not need to “pierce the corporate veil” as on the facts it had found that the Kyrgyz Republic owned the shares.
The decision is a huge boost to those seeking enforcement of arbitral awards against the Kyrgyz Republic. According to the judgment the shares will not need to be sold to settle Sistem’s claim as sufficient funds that were due as dividends on these shares had been blocked pursuant to the court’s earlier order.
http://cisarbitration.com/2014/05/14/...es-in-investment-arbitration/
V.HRE | 33 minutes ago
Stans Energy Corp. (TSX-V: HRE, OTCQX: HREEF), (“Stans” or the “Company”) is pleased to report that the Honourable Lynne Yelich, Minister of State (Foreign Affairs and Consular), recently wrapped up a successful visit to the Kyrgyz Republic, where she advanced Canada’s social, political and economic interests, as well as religious freedom, in the region.
During her visit Minister Yelich met with various members of the Kyrgyz government, including Prime Minister Joomart Otorbayev, Valery Dil, Deputy Prime Minister Responsible for Economy and Investment Climate, and Orozbek Moldaliev, Director of the State Commission on Religious Affairs. Stans Energy Corp. and the ongoing challenges that it is facing were on the agenda as were the issues facing other Canadian mining firms operating in Kyrgyzstan.
“Our two countries have a budding relationship, which has continued to grow since the Kyrgyz Republic became a genuine parliamentary democracy in Central Asia, following the Tulip Revolution and consolidation of its democratic gains in 2010,” said Minister Yelich. “I was grateful for the opportunity to meet with the Kyrgyz government to discuss ways in which we can continue to work together to enhance prosperity, democracy, the rule of law and security in the region.”
Minister Yelich wrapped up her visit by meeting with a number of business leaders, with whom she promoted Canada’s investment ties in the country.
“With a number of Canadian mining companies already active in the country, the Kyrgyz Republic holds great potential in the extractive sector,” said Minister Yelich. “We are working hard to build on our commercial relationship, and my visit has helped confirm that we are headed in the right direction.”
Read more at http://www.stockhouse.com/news/press-releases/...#JQxHuKQXsbty4ZjO.99
According to publicly available information a total of three awards have been rendered against the Kyrgyz Republic under the Moscow Convention.
In Lee John Beck and Central Asian Development Corporation v Kyrgyz Republic the tribunal awarded USD 23 mln. It found that the respondent had expropriated the claimant’s investment by terminating the lease agreements with respect to various land plots in Bishkek (the capital of the Kyrgyz Republic).
In OKVV et al. v. Kyrgyz Republic the tribunal awarded c. USD 2.4 mln to the claimants. It found that the respondent had expropriated the claimants’ interests in the Avrora Green resort and residential complex.
Most recently in Stans Energy v. Kyrgyz Republic the tribunal apparently ruled in favour of the claimant though the award itself has not yet been finalised. In that case the claimant seeks more than USD 117 mln in compensation for the alleged expropriation of its interest in a rare earth minerals mining project.
In all three cases the claimants relied on the Moscow Convention as both the substantive basis for their claims and the basis for the tribunal’s jurisdiction. In particular they relied on Article 11 of the Convention, which provides that:
“disputes concerning implementation of investments within the framework of the present Convention are to be resolved by courts or arbitration courts of the state-parties, the Economic Court of the Commonwealth of Independent States and/or other international courts or international arbitration courts” (translation – the Convention’s only authentic text is in Russian).
In all three cases the tribunals agreed that this provision constituted the Kyrgyz Republic’s consent to submit any investment disputes to international arbitration of the investor’s choice.
The Kyrgyz Republic apparently disagrees with this finding and it implemented a two-tier strategy to counter it.
First, it applied to the Moscow Commercial Court to have the awards set aside (all arbitrations had been seated in Moscow). Two of these cases will be heard separately at the end of May with each one coming before a different judge. It has been reported that in all three cases the Kyrgyz Republic relies on the tribunal’s lack of jurisdiction (and in Stans Energy it applied to set aside the tribunal’s decision on jurisdiction).
Second, the Kyrgyz Republic requested an advisory opinion from the Economic Court of the Commonwealth of Independent States on the interpretation of Article 11 of the Moscow Convention and specifically on whether this provision on its own constitutes consent to jurisdiction of an international arbitral tribunal. On 7 April 2014 the Economic Court opened a case file, but no hearing has yet been scheduled.
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Was sagt Ihr dazu? Kein Grund zu verhindern das wir als collateral damage untergehn? Ich denke da eher an max damage als revanche.
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http://tazabek.kg/print:373192
Beeindruckt:
Teras.
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Inhalt
• How long remain indifferent to the field in the Ak-Tyuz?
• The company demanded Kyrgyzstan to pay damages of 117 million dollars
• Frightening amount of lawsuits ...
Auszug:
Frightening amount of lawsuits ...
At this time, international courts are about 10 claims amounting to $ 1 billion from various companies, firms, banks, who were denied licenses. 4 things we have already lost and are forced to pay about ten million dollars. According to experts, if we do not agree with the other plaintiffs, it is likely that we will lose them. In this case, almost all the shares in Kyrgyzstan "Centerra" depart to the plaintiffs.
Most distressing that in such cases the amount of the claim shall be compensated by the State, and not officials, through whose fault this whole mess is brewed. If penalties assigned by international courts, would be charged with the perpetrators, there would now slogans relating to road closures, work stoppage and nationalization. Unfortunately, because of Deputies LCD and street politicians who love start trouble, our money goes to pay the fines, although they could be directed to wages and benefits.
http://translate.google.de/...ovniki_zavarili_kashu_a_stradaet_narod/
http://www.mining.com/...umtor-gold-mine-if-doesnt-get-permits-20735/
mfG
Smy
meinungen?
p.s.: übrigens an dieser stelle mal ein dank an die info-herbeischaffer hier !!!
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KG würde sich nur selbst schaden, wenn es den Centerra-Sharepreis bewusst herunterdrückt.
IMO geht es bei der ganzen Geschichte um interne Machtspiele zwischen kirg. Clans bzw. Parteien, Regierung und Präsident.
Smy
Molycorp bei 2,5 USD WTF was geht hier ab im Sektor?
Wie sollen wir in diesem Marktumfeld (mit dem aktuellen Rückenwind von vorne in KG) bestehen bzw. irgendwie auf die Beine kommen?
Der geneigte Leser kann mich verstehen!
TORONTO--(BUSINESS WIRE)--Stans Energy Corp. (TSX-V: HRE, OTCQX: HREEF), (“Stans” or the “Company”)is pleased to announce the appointment of new members to the Company’s executive team. Mr. Albert Grenke has been appointed to the Board of Directors and Ms. Elena Masters CGA resuming her role as CFO for the Company.
http://www.businesswire.com/news/home/...nergy-Announces-Director-CFO
http://tazabek.kg/news:373750/
"Thema Tashbajev. Wenn Tashbajev in Verbindung mit Stans Korruption nachgewiesen wird, was wir nicht hoffen, dann ist das LA nicht das Papier wert, auf dem es geschrieben wurde.
Thema: Alte Mühle. Mühle gehört jetzt dem Staat und könnte Stans unter bestimmten Bedingungen übergeben werden ( s. LA Pkt. 3.3 3)) " Doch was ist nun?
Vielleicht hilft der Link hier:
http://www.kabar.kg/law-and-order/full/54238 .
Da steht was ihm vorgeworfen wird.
Nun zum Zitat v.22.3.13: Damals gab es in der KG Presse gegen Tashbajev durchaus Vorwürfe wegen Korruption. Das war damals meine Meinung dazu. Korruption hat sich allerdings nicht bestätigt.