Stans Energy Corp V.HRE.H

RE:RE:RE:RE:Why the change?

[Kaliahk]

kettle_a I have tried to keep the thieves and cheaters from taking advantage of the little guy like those on this board who don't have a research department with lawyers on staff. Someone needs to counterbalance all the Stans koolaid that is being served here by people who have no background to even understand what they are reading. I can't say what will happen in the Russian courts or in the Canadian ones - no one can. But IMHO it is a long shot that Stans will collect the award from the Centerra shares in the pending case. IMHO it is more likely than not that the Russian court will set aside the award based upon non-compliance with the CIS treaty for protection of investors - specifically the unilateral choice of tribunal which is neither authorized by that treaty or UNICITRAL. The only argument Stans has made that seems colorable that I have read is that the Kyrg statutes authorized Stans to choose the tribunal. I do not think that is a good argument. If Stans loses in Russia, then the Canadian courts will have to choose to not follow the express language of the Canadian law for the enforcement of arbitration awards that provides that those awards will not be recognized if set aside by the courts of the country in which the tribunal was located. This discretion referred to is usually limited to those instances where the court setting aside the award did so in a manner that clearly violates international law and standards of fairness. I do not think that Canadian courts will find that a decision based on lack of jurisdiction as supported by the advisory opinion of the CIS court is so fundamentally unfair as to require it exercise its discretion to enforce a vacated award. After all, Stans is the one that unilaterally chose the MCCI over the objection of the Kyrg government. They made that tactical decision and will have to abide by the consequences. I understand not liking bad news, but if you are so insecure that you have to insult someone that you disagree with because you do not have a sufficient understanding to debate the issues, then that is your problem. I will get no bloodier nose than I already have because I am long Stans but have not continued to blindly buy as it has fallen. I think management has continued to double down on this litigation as it has soured, and has caused a lot of people to continue to put more of their their money at risk. We will have to see who is right. I invite all to read the various statutes, treaties and laws, the decisions of the MCCI, CIS court and the Canadian courts to date, like I have, and decide for yourself. This is not intended as legal or investment advice. DYODD. BTW I live the US - didn't realize that only honesty is a crime here, but come to think of it you might have a point.