Venezuela contest adverse arbitration for expropriation
posted on
Sep 06, 2012 02:16PM
Crystallex International Corporation is a Canadian-based gold company with a successful record of developing and operating gold mines in Venezuela and elsewhere in South America
PUERTO LA CRUZ, Venezuela (Reuters) - Venezuela will challenge the arbitration will not favor in international courts of law alleging defects in the proceedings, said Wednesday's high oil country counsel demands facing foreign firms by tens of thousands of million.
The government of President Hugo Chavez has thirty arbitrations pending before a commercial dispute resolution, due to the wave of nationalizations that he did from 2007 in the main economic sectors, from oil projects vital to huge agricultural estates.
"In case we have an award against naturally we're going to argue that there was a violation of procedure," said the lawyer Hildegard Rondón de Sansó in an oil conference in the eastern city of Puerto La Cruz.
"To us our rights have been violated thousands of times (during procedures)," he added.
Chavez announced earlier this year that the country abandon the International Centre for Settlement of Investment Disputes (ICSID), part of the World Bank, which became effective in August.
Moreover, the socialist leader said the agency will ignore future decisions, where the partner country is OPEC demands of U.S. oil and ExxonMobil and ConocoPhillips Canadian mining Crystallex and Gold Reserve, among others.
Rondon de Sanso, who is part of the legal team defending the South American nation to the demands of foreign companies, said that the cases presented after the withdrawal of Venezuela's body may not be known for that instance.
"Are considered likely as lack of ICSID jurisdiction, because to be competent in the matter, there must be consent and no longer exists. Quite the contrary," said the former judge of the Supreme Court, very critical of this profile kind of umpires.
Since the announcement of the withdrawal of Venezuela ICSID earlier this year, there have been about six claims, including the Russian-Canadian miner Rusoro and producer of glass containers Owens Illiois U.S..
However, the agency's charter established within six months from the declaration of abandonment, to make and receive requests.
In addition, some experts believe that companies are still able to claim before ICSID, despite the abandonment of Venezuela, while contracts are covered by investment protection.
This year is expected to be known ICSID decisions on Exxon and Conoco, five years after the country sue oil companies for some 40,000 million dollars making its gigantic projects in the Orinoco Oil Belt.
The International Chamber of Commerce (ICC for its acronym in English), another court where processing several causes for nationalization, ordered earlier this year to Petroleos de Venezuela (PDVSA) to pay U.S. $ 907.58 million to Exxon Mobil, but the ICSID award may be much more expensive.
(By Enrique Andres Pretel, editing by Richard Chang) http://pe.noticias.yahoo.com/venezuela-impugnar%C3%A1-arbitrajes-adversos-por-expropiaci%C3%B3n-211844820--finance.html