Notice: We are currently performing maintenance to improve the italaw platform. The site remains fully accessible. Thank you for your patience.

Sundance and Congo Iron v. Congo, Claimant's Press Release, April 15, 2023

15 Apr 2023
Sundance Resources Limited and Congo Iron SA v. Republic of Congo, ICC Case No. 26145/DDA/AZO (C-26344/AZO)
View case details
Claimant's Press Release
Document Details:
LISTED PARTICIPANTS
Claimant's Press Release
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Third-party funder
Entities
Sundance Resources Limited, Congo Iron SA, Congo, Cameroon
Country
Print reporter
Document Summary
Claimant's Press Release
This summary note is machine-generated. Always consult the original materials.

Procedural Posture and Background

This document is a public corporate update issued by Sundance Resources Ltd on 15 April 2023, detailing the procedural status of its concurrent International Chamber of Commerce (ICC) arbitrations against the Republic of Congo and the Republic of Cameroon, alongside related domestic pre-action discovery proceedings in the Supreme Court of Western Australia against AustSino Resources Group Ltd.

ICC Arbitration Against the Republic of Congo

In the arbitration against Congo, arising from the alleged unlawful expropriation of the Nabeba iron ore tenement, the Claimant filed its Memorial of Claim in May 2022. The Claimant seeks damages ranging from USD 1.5 billion to USD 5.7 billion, supported by independent expert valuation reports. The Respondent State has submitted its Reply, and the parties are presently engaged in the document production phase, with the primary evidentiary hearing scheduled for the first quarter of 2024.

ICC Arbitration Against the Republic of Cameroon

In the parallel ICC proceedings against Cameroon concerning the Mbalam exploitation permit, an Emergency Arbitrator issued an interim binding order on 1 April 2022, enjoining the Respondent State from granting the permit to any third party. The Emergency Arbitrator subsequently dismissed Cameroon’s request to annul the interim order on 20 July 2022, finding it without merit. Despite these provisional measures, Cameroon reportedly issued a Presidential decree granting the permit to a third-party entity. The Claimant filed its Memorial of Claim in December 2022, seeking up to USD 5.5 billion in damages. The arbitral proceedings have been temporarily stayed following the sudden death of Cameroon’s Minister of Mines in January 2023.

Domestic Proceedings in Western Australia

The update further notes ongoing pre-action discovery proceedings before the Supreme Court of Western Australia. The Court previously granted discovery orders against AustSino and its Executive Chairman to investigate potential causes of action, including the alleged misuse of confidential information and breach of fiduciary obligations. Compliance with these orders remains contested due to the reported loss of the respondent individual's mobile device.