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KANSANSHI MINING TAKES GOVT TO ARBITRATION

KANSANSHI Mining Plc has taken the Zambian government to the International Centre for Settlement of Investment Disputes (ICSID) for arbitration.

According to a notice on the ICSID website, mining concession is cited as a subject of dispute.

In the matter registered as Kansanshi Mining Plc v. Republic of Zambia (ICSID Case No. ARB/20/17), the dispute is about oil, gas and mining, with no further details provided.

Kansanshi, whose nationality shows American, is represented by two law firms namely Diamond McCarthy of New York in the United States of America, and Paul Key QC, Lucas Bastin of Essex Court Chambers, London, United Kingdom.

The respondents in the matter are the permanent secretary at the Ministry of Mines and Minerals Development, and the Attorney General.

According to the records, on June 4, 2020, the secretary general of the ICSID registered a request for the institution of arbitration proceedings.

The status shows that the matter is pending.

When contacted, Attorney General Likando Kalaluka confirmed the matter, but pleaded ignorance of the full details.

“I am aware of the matter, yes, but get the full details of the dispute from their side. I can’t understand every detail of it, but since they are the ones who have taken us there, they can provide the full details. But for me, yes, I can confirm that I’m aware of the matter,” said Kalaluka.

Headquartered in Washington D C, the ICSID is an international arbitration institution, established in 1966 for legal dispute resolution and conciliation between international investors.

It is part of and funded by the World Bank Group.

ICSID has an Administrative Council and a Secretariat. Each ICSID member State has one seat on the Administrative Council. The Administrative Council plays no role in the administration of individual cases. Rather, its mandate is to address organisational matters related to ICSID’s institutional framework.

The ICSID secretariat deals with individual cases.

It consists of about 70 professionals who administer arbitration and conciliation cases at the Centre and support other ICSID activities.

The separation of functions is meant to reinforce the operation of an impartial and independent global dispute resolution facility.

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