Newmont to appeal Indonesian court ruling contradicting CoW

(DENVER, Nov. 30, 2010) -- Newmont Mining Corporation today announced that its subsidiary, Newmont Indonesia Limited (NIL), along with Nusa Tenggara Mining Corporation (NTMC), a subsidiary of Sumitomo Corporation, will appeal a ruling issued earlier today by the South Jakarta District Court finding that PT Pukuafu Indah (PTPI) has an entitlement to receive the 31% stake in PT Newmont Nusa Tenggara (PTNNT) that NIL and NTMC are required to divest and awarding PTPI monetary damages of approximatelyUS $27 million.

PTPI claimed in the suit that NIL and NTMC acted unlawfully by complying with PTNNT's Contract of Work and a March 2009 arbitration decision requiring them to divest shares in PTNNT to a party nominated by the Government of Indonesia. The arbitration decision led to NIL and NTMC divesting 24% of PTNNT's shares to PT Multi Daerah Bersaing, as directed by the Government. NIL and NTMC are in the concluding stages of working with the Government to divest the final 7% stake in PTNNT.

"The arbitration process was followed for the purpose of clarifying the Government's and the foreign shareholders' rights and obligations on divestiture," said Blake Rhodes, Vice President and Deputy General Counsel of Newmont. "NIL and NTMC properly divested 24% of PTNNT to the party nominated by the Government. We are confident that the appellate courts will reverse this decision, which not only contradicts the 2009 arbitration award but also PTNNT's Contract of Work with the Government."

The Contract of Work expressly provides that PTNNT "?shall ensure that its shares owned by the Foreign Investor(s) [NIL and NTMC] are offered either for sale or issue firstly, to the Government?." NIL and NTMC complied with this requirement. Moreover, in connection with the Company extending financing to PTPI in December 2009, PTPI signed a release agreement to cease prosecution of its claims pertaining to the divestiture shares, including the claim decided today. In August, to enforce the release agreement, Newmont filed an arbitration claim against PTPI in the Singapore International Arbitration Centre. In October, the arbitration panel granted Newmont interim relief that restrained PTPI from further prosecution of its Indonesian suits. PTPI has failed to abide by the terms of the release agreement as well as the interim order.

The decision of the South Jakarta District Court, the court of first instance in Indonesia, will be appealed by NIL and NTMC to the High Court. During the appeal process, today's decision will not be enforceable and will have no effect on the current shareholdings in PTNNT or the operation of the Batu Hijau mine.(ends)