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Barrick requests World Bank Court to intervene in Mali proceedings

Barrick Mining asked the World Bank arbitration tribunal to intervene in the legal proceedings in Mali as it faces the possibility that the Loulo-Gounkoto Mine could fall under the Mali government's control.

Barrick made its move as a Mali court is set to rule on Tuesday, June 2, on the government request to place the Canadian miner’s gold mine in a temporary administration. In the event that the Mali court rules in the government's favor, an individual will be appointed to take control of the mine and reopen the facility. Barrick's Mali gold mine has been closed since January of this year, after Mali confiscated 3 tons of gold due to non-payment. Barrick denies the allegations.

Barrick requested "provisional" measures from the arbitral tribunal in a Wednesday filing to the International Centre for Settlement of Investment Disputes.

Timothy Foden of the international law firm Boies, Schiller, Flexner said that "provisional measures" means that Barrick applied to the tribunal to have an order that the Mali government refrain from further actions that could exacerbate the dispute. This includes Mali's attempt to place the mine under provincial administration.

Barrick didn't immediately reply to an email from. Mali's Mines Ministry also did not reply to an email.

Mali, Africa’s third largest gold producer, issued a new code of mining and tightened the grip on its gold mines. Most are run by Western companies.

The military-led Government says it wants to increase revenue from the mining industry because it feels that current arrangements are unfair. Foreign multinationals will have to comply with the government's demands in order to continue operating in this gold-rich nation.

Barrick is the exception. The company has said repeatedly that it has been investing heavily in the Malian economic system for over 20 years. The company accuses government officials of shifting the goalposts and demanding more money. It also claims that some of its executives have been unfairly detained in an effort to blackmail it.

Barrick's Bamako corporate office has been closed by Mali's military government. The mine closure has also led to the layoff of Barrick's contractors.

A Mali official said that international arbitration was not necessary and the issue is one of domestic taxation. Foden stated that Mali could ignore the World Bank's decision, even if it ruled in favor of Barrick’s request for a temporary measure. However, Mali might scare off more Western investors. (Reporting by Divya Rajagopal; Editing by Sandra Maler)

(source: Reuters)