Home > Boards > Canadian > Mining/Resources > Lydian Intl Ltd Ord (LYDIF)

On March 11, 2019, Lydian International Limited notified

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stargazer123   Tuesday, 11/26/19 05:39:33 PM
Re: makinezmoney post# 10
Post # of 17 
On March 11, 2019, Lydian International Limited notified the Government of Armenia that under the Agreement between the Government of Canada and the Government of Armenia for the Promotion and Protection of Investments, in force since March 29, 1999 (the “Canada BIT”), respectively, that Lydian will consider going to arbitration if Armenia does not remove the blockade as well as pay compensation for the expenses and problems related to the blockade.

According to the BIT process, if Armenia has not responded favorably withing three months, Lydian can institute arbitration.

It has now been over three months, but Lydian, so far has not instituted arbitration. They are still trying to see if they can get the blockades removed, plus receive monetary compensation from the Armenia government.

If they do end up seeking arbitration, the process can take over a year to reach a conclusion.

As an example of an outcome:

Bilateral investment arbitration concerning RTB Bor, a copper mining and smelting company in which the Republic of Serbia took over the mine. The arbitration ruled in favor of the mining company. The company asked for USD 100 million for breaches of the foreign investors’ standards of treatment under the 1997 Greece-Yugoslavia Bilateral Investment Treaty (the “BIT”).

The court awarded the company $40 million, basing its award on what it calculated the company would have been due at the time that its mine was confiscated. This is the normal practice of the arbitration court. Companies suing a country only get a fraction of what they are asking. However, as in this case, the court ordered Serbia to pay USD 40 million, including interest.

The ruling can not be contested by either side.

Over the years I've noticed that mining companies usually receive less than half of what they are asking. However, the court usually does rule in their favor.

Even 40% of what we are asking would-be multiples higher than our present stock price. On the other hand, if a company does instigate arbitration and they lose, they can not contest the decision.

On the other hand (now includes both hands, you've got to hand it to me), people seem to be coming to the conclusion that the company is eventually going to win this battle. It's stock price has been climbing for the last week, after hitting a lowly low.

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