Uncitral Tribunal Rules on Kyrgyz Republic’s Bifurcation Request
Toronto, Ontario (FSCwire) - Stans Energy Corp. (TSX-V: HRE, OTCQB: HREEF), (“Stans” or the “Company”), reports that the UNCITRAL Tribunal issued its decision on the Kyrgyz Republic’s (the “Republic”) request for bifurcation of the jurisdiction and merits aspects of the arbitration proceedings brought by Stans and Kutisay Mining LLC (“Kutisay Mining”) against the Republic.
The Tribunal held that two of the Republic’s four jurisdictional objections should be considered in a preliminary jurisdictional phase while the remaining two objections will be held over for consideration at a later merits stage of the arbitration. The Tribunal will therefore consider as preliminary issues:
- Whether Article 18(2) of Law No 66 of 27 March 2003 on Investments in the Kyrgyz Republic (the “2003 Investment Law”) constitutes an offer to arbitrate disputes which could be accepted by investors without additional express consent from the Republic; and
- Whether second claimant Kutisay Mining complied with the three-month consultation period prescribed by the 2003 Investment Law and, if not, what effect that would have on the jurisdiction of the Tribunal.
The Tribunal will, however, consider the following issues during the subsequent merits phase of the proceedings:
- Whether Stans and Kutisay Mining qualify as foreign investors with protected investments under the 2003 Investment Law; and
- Whether Stans and Kutisay Mining acquired their investments in accordance with Kyrgyz Law.
The Tribunal invited the parties to agree on a joint proposal regarding the timetable for the proceedings up to the end of the jurisdictional phase and to inform the Tribunal of the results of discussions within two weeks of the date of its decision on bifurcation. An updated schedule will be issued at that time.
About Stans Energy
Stans Energy Corp. is a resource development company focused on advancing rare earth and specialty metals properties focusing on areas of Central Asia and Russia. Stans acquired, among other things, the right to mine the past producing rare earth mine, Kutessay II, in the Kyrgyz Republic in 2009 and the right to mine Beryllium at Kalesay. Steps subsequently taken by the Government of the Kyrgyz Republic wrongfully to deprive the Company of those mining rights have required Stans to take the actions described above to protect the Company’s rights and recover damages caused by the Republic’s wrongful actions.
Contact Details
Rodney Irwin | David Vinokurov |
Stan Energy Corp | |
President & CEO | VP Corporate Development |
rodney@stansenergy.com | david@stansenergy.com |
647-426-1865 | 647-426-1865 |
FORWARD LOOKING STATEMENTS: This document includes forward-looking statements as well as historical information. Forward-looking statements include, but are not limited to, use of proceeds from the Offering, the completion of the Offering, the continued advancement of the company's general business development, research development and the company's development of mineral exploration projects. When used in this press release, the words “will”, “shall”, "anticipate", "believe", "estimate", "expect", "intent", "may", "project", "plan", "should" and similar expressions may identify forward-looking statements. Although Stans believes that its expectations reflected in these forward looking statements are reasonable, such statements involve risks and uncertainties and no assurance can be given that actual results will be consistent with these forward-looking statements. Important factors that could cause actual results to differ from these forward-looking statements include the potential that fluctuations in the marketplace for the sale of minerals, the inability to implement corporate strategies, the ability to obtain financing and other risks disclosed in our filings made with Canadian Securities Regulators.
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public://news_release_pdf/Stans03172016_0.pdf
Source: Stans Energy Corp. (TSX Venture:HRE, OTCQB:HREEF) www.stansenergy.com
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