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This document is a public announcement issued by Sundance Resources Limited on March 25, 2021, declaring the formal commencement of international arbitration proceedings against the Republic of Congo. The dispute has been referred to the International Chamber of Commerce (ICC), with the seat of arbitration designated as London.
The principal legal issue underlying the dispute concerns the alleged unlawful expropriation of a mining permit held by the claimant's subsidiary, Congo Iron SA, for the Nabeba iron ore project in the Sangha region. The claimant asserts that the underlying Mining Convention remains legally binding and in full force under Congolese law. Furthermore, the announcement outlines the claimant's position regarding the respondent State's subsequent actions, specifically challenging the legitimacy, transparency, and technical feasibility of agreements executed between the Republic of Congo and a third-party entity, Sangha Mining Development SASU, for the exploitation of the expropriated tenements.
The claimant maintains that the respondent State failed to engage in meaningful negotiations during an agreed 30-day extension period. Consequently, the claimant initiated formal arbitral proceedings to protect its investments, enforce its contractual rights, and seek appropriate relief for the alleged expropriatory measures.