UPDATE: Gold Reserve Files $1.9 Billion Claim For Lost Venezuelan Assets
28 September 2010 - 9:59PM
Dow Jones News
Gold Reserve Inc. (GRZ) is seeking $1.9 billion in damages for
what the mining company calls an illegal expropriation of its
assets by the Venezuelan government.
In April 2008, Venezuelan authorities canceled the Spokane,
Wash. company's permits to construct a mine at the big Brisas
copper-gold deposit in the southeastern part of the country. This
deposit, one of the country's largest, was Gold Reserve's main
mining asset.
In an arbitration claim filed last year with the World Bank's
International Centre for Settlement of Investment Disputes, Gold
Reserve alleges violations of international investment treaties. On
Tuesday, the company specified the compensation it seeks for all
its losses at the Brisas development and in the Choco 5 gold
exploration property, as well as other damages, which it values at
about $30 a share.
An hearing of the company's case is scheduled to start Dec. 5,
2011.
The Brisas project contains 10.2 million ounces of gold and 1.4
billion pounds of copper, according to reserve evaluations. Gold
Reserve says it spent nearly $300 million to explore and develop
the project before Venezuela revoked its rights.
Gold Reserve shares were trading at nearly $6 a share in the
months before it ran into trouble with the Venezuelan government.
In New York Tuesday, shares of Gold Reserve were recently up 5.9%
at $1.25 apiece.
"We believe even a return of our basic investment would bring us
close to $5 a share," Gold Reserve President Douglas Belanger said
in a telephone interview. "But it's pretty easy to demonstrate that
mining properties that are this advanced have a great deal more
value than just the initial investment."
Belanger said Venezuela was looking to continue development of
the Brisas project without Gold Reserve, possibly in partnership
with a Russian company, but hadn't made any progress yet.
Although governments tend to settle cases like Gold Reserve's,
companies usually don't get "anywhere near the full amount that
they claim in investor-state arbitrations, even when they win,"
said Anthony Sinclair, a specialist in state arbitration cases for
Allen Overy LLP in London.
"For some states, the final award against them is just the
starting point for further negotiations as to how much they'll
actually pay," said Sinclair, who successfully represented a North
American energy company in recovering tens of millions of dollars
from Venezuela.
Chris Dugan, a partner with the Paul Hastings law firm in
Washington, said Gold Reserve was likely to get "hundreds of
millions" in damages at the end, but added that it could take
several years for the company to go through the legal process to
collect the assets if Venezuela decides to resist paying
immediately.
"The case on the merits is pretty open and shut; I mean,
Venezuela has been expropriating (assets) for the last two or three
years," Dugan said. "But collecting on it is much harder than
getting a judgement."
Gold Reserve is one of several companies that have filed
arbitration requests against Venezuela's government in the wake of
President Hugo Chavez taking control of numerous assets. Oil and
gas companies such as Exxon Mobil Corp. (XOM) and ConocoPhillips
(COP) have filed cases, as have international cement manufacturers
Cemex (CX) of Mexico and Holcim Ltd. (HCMLY) of Switzerland.
-By Edward Welsch, Dow Jones Newswires; 403-229-9095;
edward.welsch@dowjones.com
(Judy McKinnon in Toronto contributed to this article.)
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