Million-dollar Sue Against Mine Suspension

Representatives of the El Tambor mine, located in San José del Golfo and San Pedro Ayampuc, filed a $300 million lawsuit against the State of Guatemala.

Monday, December 17, 2018

The arbitration lawsuit was filed by the Americans Daniel W. Kappes, Kappes, Cassidy & Associates, which was registered by the International Centre for Settlement of Investment Disputes (ICSID) last December 11th.

See "Mining Operation in Guatemala Suspended"

The conflict is the result of the Constitutional Court's (CC) decision to cease operations of the La Puya gold mine project in May 2017, arguing that the Ministry of Energy and Mines (MEM) did not consult neighboring towns about mining activity.

Elperiodico.com.gt reviews that "... The ICSID Secretariat registered the U.S. demand for arbitration on December 11th, according to its website. The plaintiffs are represented by White & Case (London and Mexico City) and Guatemala delegates its representation to the Directorate of Foreign Trade Administration (Ministry of Economy)."

Also see "Guatemala: Supreme Court Overturns Mining Permit"

The article adds that "... The companies Radius Gold, Kappes, Cassidy and Associates and Exmingua asked for the annulment of the judgment of the maximum Court. The notification of the lawsuit was received by the Guatemalan government last May, according to the ICSID."

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Mine Suspension: Arbitration Panel Formed

July 2019

The arbitration panel was formed to hear the lawsuit against the State of Guatemala, which was filed because of the suspension of the operations of the El Tambor mine, in San José del Golfo and San Pedro Ayampuc.

After the arbitration claim was filed by the Americans Daniel W.

Another Favorable Ruling for El Salvador in Mining Dispute

March 2017

A new ruling by the International Center for Settlement of Investment Disputes requires the mining company OceanaGold to pay interest on the $8 million it owes to the Salvadoran State.

From a statement issued by the Comptroller General of the Republic:

Ruling Favors El Salvador in Mining Dispute

October 2016

The International Centre for Settlement of Investment Disputes has ruled in favor of El Salvador in the dispute with the mining company OceanaGold, owner of the El Dorado gold mine.

From a press release by OceanaGold Corporation:

(MELBOURNE) OceanaGold Corporation (TSX/ASX/NZX: OGC) (the “Company”) has been advised that the arbitration tribunal constituted by the World Bank’s International Centre for Settlement of Investment Disputes (“ICSID”) has found in favour of the Government of El Salvador (the “Government”) in its dispute with an OceanaGold indirect subsidiary company, Pac Rim Cayman LLC. ICSID granted an award of US$8 million to the Government of El Salvador to cover its legal fees and costs.

Litigation Between Costa Rica and Canadian Mining Company Suspended

July 2015

The Canadian firm Infinito Gold has ceased operations and requested the temporary suspension of arbitration against Costa Rica over the failed concession of the Crucitas gold mine.

The cessation of business operations due to lack of financial resources, announced in mid-July, when all its directors and managers resigned, could be the main reason for the decision to request the temporary suspension of the proceedings against Costa Rica over the Crucitas gold mine, for which $94 million was demanded for violations of the agreement for the promotion and protection of investments between Costa Rica and Canada.

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