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Tethyan Copper Company Loses Reko Diq Case in International Court

Posted by yourpakistan on December 16, 2012


reko diq in balochistan

The International Centre for Settlement of Investment Disputes (ICSID) Tribunal has given the decision in favour of the Balochistan government and Dr. Samar Mubarakmand, allowing them to carry out mining and smelting project in the Reko Diq area of Balochistan.

The tribunal has released its decision on provisional measures applied by the Tethyan Copper Company Pty Limited (TCC) in which they had sought to restrain the Balochistan government and Dr. Samar Mubarakmand to carry out mining and smelting project in Reko Diq.

The decision, a copy of which available with The News, was released by the tribunal on December 13. The Tribunal, comprising eminent scholars and Judges namely Dr. Klaus Sachs, Lord Hoffman and unanimous decision almost after five weeks.

The 45 pages unanimous decision has declined to accept TCC’s pleas regarding urgency and irreparable loss. The Tribunal has effectively given a go a head to the government but has required them to keep the Tribunal informed of all the developments on regular basis about the activities that would be carried out in the Reko Diq area by Dr. Samar and his team.

The Tribunal decided that ‘Respondent shall immediately inform the Tribunal and Claimant of any change of its present intention, to implement the H4 Work Plan, not to expand its mining activities to H14 and/or H15 or to any other deposit within License EL-5 and not to give any rights in this regard to any third party’. “Respondent shall further inform the Tribunal and Claimant, on a regular basis, about its specific plans and activities with respect to deposit H4”.

“The Tribunal remains seized of the matter and shall consider future applications by Claimant if the situation materially changes, in particular in case Respondent, materially deviates from the H4 Work Plan, expands its mining activities to deposits H14 and/or H15 or to any other deposit within License EL-5 or gives any rights in this regard to any third party”. Otherwise, the Request is dismissed.

“The Tribunal will decide on the costs related to the Request at a later stage of the arbitral proceedings”, the decision of the Tribunal was stated.

Earlier, the Claimant in their application had sought freeze on work of the Government of Balochistan in 99 square kilometres of area including H/4. The government in its Reply had stated that they were working on H/4 area which is 12 kilometers away from H/14 and H/15 for which the TCC had filed feasibility.

Dr. Samar also had appeared before the Tribunal in London to explain the technical details of the Project and stated that earliest development of H/4 deposits was in the national interest of the people of Balochistan and Pakistan.

In this regard, legal arguments on behalf of the Respondent Pakistan were addressed by Mr. Ahmer Bilal Soofi, Mr. Arthur Marriott QC; Ms. Mahnaz Malik and Mr. John Kingston and Ms. Cherie Blair QC of Matrix Chambers. The Advocate General of the Balochistan was also present at the proceedings.

Earlier the application of TCC was rejected by the Mining authority of Balochistan on the grounds that they had filed feasibility of only 6 kilometres area comprising of two deposits whereas they wanted to acquire 99 kilometres that contained 14 deposits.

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