CHURCHILL MINING PLC
Churchill Mining Plc (“Churchill” or “the Company”) listed on the Alternative Investment Market (AIM) of the London Stock Exchange in April 2005.
Churchill’s growth path accelerated following the discovery of a world-class thermal coal deposit in the East Kutai Regency of Kalimantan, Indonesia following an intensive and targeted exploration program.
Since then Churchill has been subjected to a negative ruling from the regional Samarinda Administrative Tribunal that sought to ratify the Bupati’s improper unilateral decision to revoke the licenses in May 2010 in which Churchill has a 75% interest.
Churchill appealed the decision to the Administrative High Court in Jakarta which dismissed this appeal and has since appealed to the Indonesian Supreme Court who have also rejected the appeal.
Churchill is now pursuing International Arbitration against the Indonesian Government for breaches of Indonesia’s obligations under the Bilateral Investment Treaty between the United Kingdom and the Republic of Indonesia.
Churchill has recently moved to file a claim of international arbitration against the Republic of Indonesia for breaches of Indonesia’s obligations under the Bilateral Investment Treaty between the United Kingdom and the Republic of Indonesia (the "UK-Indonesia BIT").
The claim was filed on 22 May 2012 at the International Centre for Settlement of Investment Disputes ("ICSID") in Washington D.C. and relates to the Company’s dispute with Indonesia over the East Kutai Coal Project (“EKCP”), of which Churchill holds a 75% interest.
In the international arbitration at ICSID Churchill is seeking the full relief owed to it under the provisions of the UK-Indonesia BIT and under International law.
Background to International Arbitration under the Bilateral Investment Treaty between the United Kingdom and the Republic of Indonesia
Churchill filing for international arbitration at ICSID follows Indonesia's failure to rectify the issues described in two previous letters to the President of Indonesia. Both letters to the President emphasised that following a significant investment in the EKCP Churchill identified a world class thermal coal deposit in East Kalimantan. Shortly thereafter, Churchill became the subject of a sustained campaign designed to divest Churchill’s legitimate rights to develop this deposit and the EKCP.
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- 15 October 2012 PDF International Arbitration against the Republic of Indonesia Moves Forward
- 19 September 2012 PDF Churchill strengthens litigation team with appointment of Nicholas Smith as Managing Director
- 30 June 2012 PDF Jakarta Post Online Article on Churchill Mining Plc