Mine Suspension: Arbitration Panel Formed

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.

Tuesday, July 9, 2019

After the arbitration claim was filed by the Americans Daniel W. Kappes, Kappes, Cassidy & Associates before the International Centre for Settlement of Investment Disputes (ICSID) on December 11, 2018, the body announced that the panel was formed.

On July 2, it was posted on the ICSID website that "The Tribunal is constituted under Article 37(2)(a) of the ICSID Convention. Its members are: Jean Kalikci (USA), President, appointed by agreement of the parties; John Townsend (USA), Appointed by the Complainants; Zachary Douglas (Australian) appointed by the Respondent."

You may be interested in "Mine Suspension and Future of Investments

The conflict emerged after the Constitutional Court (CC) ordered in May 2017 the suspension of operations of the La Puya gold mine project, arguing that the Ministry of Energy and Mines (MEM) did not consult neighboring towns about mining activity.

If the ruling is in favor of the Americans who filed the lawsuit, the State of Guatemala will have to make a payment that could add up to $300 million.

See case history on ICSID website.

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Million-dollar Sue Against Mine Suspension

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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.

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.

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