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Sundance Resources loses in arbitration against the revocation of a Congo iron ore permit

Sundance Resources, an Australian mining company, announced on Monday that a panel of arbitrators had rejected its challenge against what it called Congo's illegal expropriation to subsidiary Congo Iron's mining license in the country's Sangha area.

Sundance said?a London tribunal, working under the rules of the International Chamber of Commerce, found that Congo had a valid basis for revocation of the permit, because the project wasn't developed within the allowed period from 2016 to 2018? Sundance?said?a tribunal in London, operating under International Chamber of Commerce rules, found Congo had a legitimate basis to revoke the permit because the project was not developed during the period allowed from 2016 to 2018.

David Porter, non-executive chairman of Sundance, said in a statement that the company was "shocked" by this ill-reasoned ICC Award. "We believe that the Tribunal members committed fundamental mistakes and did not allow us to make our case about issues?that were, in fact, central to their decision making?process."

Congo's Government

revoked

Sundance subsidiary, Congo Iron, awarded the permit to Sangha Mining Development in December 2020, a subsidiary from China's Bestway Finance Ltd. This sparked a dispute.

In March 2021 the company filed a claim with an international arbitration, seeking damages of $8.8 billion for the Mbalam - Nabeba project. This project straddles both the border of Congo and Cameroon.

Sundance Resources stated that it had found "serious irregularities" resulting in "substantial unfairness". The High Court of London was asked to overturn the decision under the English Arbitration Act, 1996.

The Republic of Congo didn't immediately respond to an inquiry for comment?in the press release.

A decision is expected to be made in the case of a similar one against Cameroon by February or March.

Sundance added that "as the Cameroon Case is independent of the Congo Proceedings and before a different tribunal, Sundance doesn't expect the Congo Proceeding to influence or effect the Cameroon Case." Reporting by Bate Felic; Writing by Ayen deng Bior; Editing and editing by Cynthia Osterman

(source: Reuters)