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Procedural Posture and Purpose
This document is a corporate update issued by Sundance Resources Limited on 26 April 2024, detailing the procedural status of its ongoing international arbitrations against the Republic of the Congo and the Republic of Cameroon, as well as related domestic litigation in Australia.
Status of ICC Arbitrations
In the ICC arbitration against Congo concerning the alleged expropriation of the Nabeba Mining Permit, the proceedings have encountered a procedural delay. While the final reply was submitted by Congo in December 2023, the merits hearing anticipated for the second quarter of 2024 was postponed due to the death of the tribunal President, necessitating the constitution of a new presiding arbitrator.
Regarding the dispute with Cameroon over the Mbalam permit, the update notes that an ICC Emergency Arbitrator previously issued an interim binding order on 1 April 2022, enjoining Cameroon from granting the exploitation permit to third parties. Cameroon’s subsequent request to annul this interim order was dismissed on 20 July 2022, with the Emergency Arbitrator finding the request admissible but entirely without merit. Despite these emergency measures, Cameroon reportedly issued a presidential decree granting the permit to a third-party entity. The parties are currently engaged in document production, with a merits hearing expected in early 2025.
Domestic Litigation
The update further confirms the conclusion of pre-action discovery proceedings against AustSino in the Supreme Court of Western Australia, noting that associated costs have been resolved while the claimant's board considers further legal steps.