Ada Pertanyaan? Hubungi Kami 
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Ada Pertanyaan? Hubungi Kami ANT, Andin Aditya Rahman
The ongoing dispute between the Government of Indonesia (Government) and PT Newmont Nusa Tenggara (Newmont) continues although settlement negotiations are expected to commence soon. While Newmont has agreed to come to the negotiation table, it has also sent a letter to the Government saying that it will not revoke its arbitration claim.“I received a letter from Newmont stating that they are willing to negotiate but without setting aside their rights to proceed with their lawsuit at arbitration,” stated Chairul Tanjung, Coordinating Minister for Economic Affairs last Tuesday.
The Government has already asked Newmont to withdraw its claimfrom the International Center for Settlement of Disputes (ICSID), and is taking the position that the Government will not issue a reply to the Newmont letter until Newmont revokes its lawsuit.
“They want the negotiation option for both parties, but the last sentence states that this does not waive the right to file claims under arbitration procedures,” explained Mr. Tanjung
In regard to filing a counterclaim, Mr. Tanjung affirmed that the Government is poised to strike and is currently waiting for the right moment to do so. This is apparent from the recently executed Presidential Decree appointing legal counsel for the Government to handle the dispute.
“Be patient. We have already received the Keppres [Presidential Decree] from the President. Do not blame the Government if we take steps that they will not be happy with [Newmont],” emphasized Mr. Tanjung.
The dispute itself started with the recently implemented mineral export ban. Newmont says that this policy, which came into force on 12 January 2014, caused it to cease production at its Batu Hijau mine and has resulted in financial losses to employees, contractors, and other stakeholders.
“The shareholders are out of other options and are now forced to attempt to resolve this dispute through international arbitration to ensure that the work, rights, and interests of our company’s stakeholders are protected,” stated Martiono Hadianto, Newmont’s Executive Director.
(For more a complete elaboration on the mineral export ban, see: ILB No. 2320, No. 2321, No. 2325and No. 2326, and ILD No. 343)
(hot/kc)
ANT, Andin Aditya Rahman
The ongoing dispute between the Government of Indonesia (Government) and PT Newmont Nusa Tenggara (Newmont) continues although settlement negotiations are expected to commence soon. While Newmont has agreed to come to the negotiation table, it has also sent a letter to the Government saying that it will not revoke its arbitration claim.“I received a letter from Newmont stating that they are willing to negotiate but without setting aside their rights to proceed with their lawsuit at arbitration,” stated Chairul Tanjung, Coordinating Minister for Economic Affairs last Tuesday.
The Government has already asked Newmont to withdraw its claimfrom the International Center for Settlement of Disputes (ICSID), and is taking the position that the Government will not issue a reply to the Newmont letter until Newmont revokes its lawsuit.
“They want the negotiation option for both parties, but the last sentence states that this does not waive the right to file claims under arbitration procedures,” explained Mr. Tanjung
In regard to filing a counterclaim, Mr. Tanjung affirmed that the Government is poised to strike and is currently waiting for the right moment to do so. This is apparent from the recently executed Presidential Decree appointing legal counsel for the Government to handle the dispute.
“Be patient. We have already received the Keppres [Presidential Decree] from the President. Do not blame the Government if we take steps that they will not be happy with [Newmont],” emphasized Mr. Tanjung.
The dispute itself started with the recently implemented mineral export ban. Newmont says that this policy, which came into force on 12 January 2014, caused it to cease production at its Batu Hijau mine and has resulted in financial losses to employees, contractors, and other stakeholders.
“The shareholders are out of other options and are now forced to attempt to resolve this dispute through international arbitration to ensure that the work, rights, and interests of our company’s stakeholders are protected,” stated Martiono Hadianto, Newmont’s Executive Director.
(For more a complete elaboration on the mineral export ban, see: ILB No. 2320, No. 2321, No. 2325and No. 2326, and ILD No. 343)
(hot/kc)