Churchill strengthens litigation team
Wednesday, September 19 2012 - 12:58 AM WIB
Churchill Mining PLC announced that Nicholas Smith has joined the board of the company and has been appointed as the new Managing Director as part the company?s effort to strengthen litigation team.
"Nicholas joins Churchill with extensive experience advising companies on major litigation and arbitration disputes, including disputes involving bilateral investment treaties and ICSID disputes. On behalf of the board and our shareholders, I look forward to his contribution in leading the ICSID arbitration that Churchill has commenced against the Republic of Indonesia. The ICSID arbitration has in effect become Churchill's principal activity and focus for the Company," said Churchill's Chairman David Quinlivan in the statement.
Smith has some 30 years' experience in the international resource/resource development industry, including significant experience in project management of major international litigation and arbitration disputes. Smith also has significant experience in mergers and acquisitions and project financing.
Smith holds a Bachelor of Laws from the University of Western Australia and was admitted to practice as a Barrister and Solicitor of the Supreme Court of Western Australia in 1975. His previous experience includes more than10 years as Group General Counsel for Normandy Mining Limited which,prior to its merger with Newmont Mining Corporation,was Australia's largest gold producer and which had interests in a number of international projects enjoying the protection of bilateral investment treaties. Smith has also served as a director of a number of ASX listed companies including Red 5 Limited, Mindax Limited and NiQuest Limited.
On May 22, 2012, Churchill filed a claim against the Republic of Indonesia for breaches of Indonesia's obligations under the Bilateral Investment Treaty (the BIT) between the United Kingdom and the Republic of Indonesia at the International Centre for Settlement of Investment Disputes (ICSID) in Washington D.C. Since then, ICSID has registered the case, accepting jurisdiction in the dispute between Churchill and the Republic of Indonesia.
The ICSID arbitration relates to Churchill's investment in Indonesia and the company's East Kutai Coal Project ("EKCP"). In the ICSID arbitration, Churchill is seeking the full relief owed to it under the provisions of the UK-Indonesia BIT and under international law.
Editing by Adianto P. Simamora