TSXV:HRE.H - Post by User
Comment by
Kaliahkon Jan 14, 2015 1:52pm
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Post# 23318983
RE:RE:RE:RE:RE:RE:To David and his reponse
RE:RE:RE:RE:RE:RE:To David and his reponse
Greenbox, I have read the full arbitration award including the basis for the decision finding jurisdiction, the CIS decision, the decisions of the Ontario court, UNICITRAL, former Centerra arbitration decision, former Sistem Canadian court decisions, the "legal Opinion" of the CIS case posted on the Stans website, and numerous other articles, etc. I would suggest you read paragraph 32 of the order affirming the Mareva injunction. indicating that the court will not predict decisions of "Russian" or Kyrgyz courts to determine who has the best case regarding whether MCCI had jurisdiction. This indicates to me that the Canadian court will look to the decisions of the other courts, especially the appeal in Russia. If you are holding out hope that the Ontario court would ignore a decision of the Russian courts (part of the CIS) that the CIS treaty does not give jurisdiction to MCCI over the Stan's dispute, then I will just say that you are more a person of faith than reason. I have never said the CIS decision has any effect on the Ontario court decision. What it does have an effect on is the Russian court decisions, which the Ontario court will almost certainly follow. IF the Russian courts overturn the MCCI decision on jurisdictional grounds, as a legal matter Stans will have little ground to stand upon. Whether the KYRGS feel enough pressure to settle is another question. But Stans (in)ability to raise money will probably have greater influence on that possible outcome that than the KYRGS desire to move forward with Centerra. Stans has to fund its lawyers. I don't consider the unsigned document that is supposedly a legal opinion and posted on Stan's website commenting on the CIS decision as a legal opinion assuring Stans that the Russian courts will not overturn the MCCI award. If you are aware of others, please provide a link. Otherwise, your opinion is based upon conjecture. not research