Update on Arbitration Claim Sept 2022
29 September 2022 - 11:30PM
Lupaka Gold Corp. ("
Lupaka" or the
“
Company") (TSX-V: LPK, FRA: LQPA) provides an
update regarding its ongoing Arbitration Claim proceedings (the
“Claim”) with the Republic of Peru (“Peru”).
As previously reported, in October 2020, Lupaka
filed a request for arbitration in accordance with Article 36 of
the International Convention on the Settlement of Investment
Disputes (“ICSID”) and Article 824 of the CPFTA against Peru for
breaches of the Free Trade Agreement between Canada and Peru which
entered into force on August 1, 2009 (the “FTA”). Lupaka filed its
Memorial on the Merits with the ICSID on October 1, 2021,
requesting full compensation for the loss of its investments in the
Invicta Gold Project, which Lupaka alleges resulted from Peru’s
breaches of its obligations under the FTA.
On March 24, 2022, Peru submitted its Memorial
on Jurisdiction and Counter-Memorial on the Merits requesting the
dismissal of Lupaka’s Claim. Peru’s dismissal request was rejected
by the ICSID and the Company filed its second Reply Memorial on
September 23, 2022.
Peru is required to respond during January 2023
followed by the formal arbitration hearing, which is due to take
place between late March and early April 2023. Any final award will
be announced by the Arbitral Tribunal some time after the
arbitration hearing.
“The Company has a very strong case here,”
stated Gordon Ellis, C.E.O. He further commented that “I have
reviewed the Memorial documents submitted by Peru on September 23,
2022 and met with LALIVE, our legal counsel, earlier this week.
With the very capable support of the Company’s current and previous
employees, LALIVE has completed extensive and thorough
investigation and research of all aspects of the Claim. In
addition, independent, third-party reports have been prepared by
the Company’s quantum evaluators and mining engineers in support of
the Company’s Claim.”
For ongoing updates and more detail with respect
to the arbitration, please refer to the Company’s website
(www.lupakagold.com/projects/arbitration).
For background on the basis for the Claim,
please refer to the Company’s previous news releases, also
available on the Company’s website
(www.lupakagold.com/news/#2020).
Lupaka is represented in the arbitration
proceedings by the international law firm LALIVE (www.lalive.law)
and Boies Schiller Flexner (www.bsfllp.com), and has the financial
backing of Bench Walk Advisors (www.benchwalk.com).
Neither the TSX Venture Exchange nor its
Regulation Service Provider (as the term is defined in the policies
of the TSX Venture Exchange) accepts responsibility for the
adequacy of this news release.
About Lupaka Gold
Lupaka is an active Canadian-based company
focused on creating shareholder value through identification and
development of mining assets.
About Bench Walk Advisors
Bench Walk Advisors is a global litigation
financier with over USD 250m of capital deployed across in excess
of 100 commercial cases. Bench Walk and its principals have
consistently been ranked as leading lawyers and litigation funders
in various global directories.
About LALIVE
LALIVE is an international law firm with offices
in Geneva, Zurich and London, that specializes in international
dispute resolution. The firm has extensive experience in
international investment arbitration in the mining sector, amongst
others, and is currently representing investors and States as
counsel worldwide.
About Boies Schiller
Flexner
Boies Schiller Flexner is a firm of
internationally recognized trial lawyers, crisis managers, and
strategic advisers known for creative, aggressive, and efficient
pursuit of successful outcomes for their clients.
FOR FURTHER INFORMATION PLEASE
CONTACT:
Gordon Ellis, C.E.O.gellis@lupakagold.comTel:
(604) 985-3147
or visit the Company’s profile at www.sedar.com
or its website at www.lupakagold.com
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