Mr. Gordon Ellis reports
LUPAKA SUBMITS REQUEST FOR ARBITRATION CLAIM AGAINST THE REPUBLIC OF PERU
Lupaka Gold Corp. has completed the next step in its international arbitration claim against the Republic of Peru. The company has now submitted a request for arbitration in accordance with Article 36 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID convention) and Article 824 of the free-trade agreement between Canada and the Republic of Peru. This announcement is a follow-up to Lupaka's earlier news releases on Dec. 16, 2019, regarding the filing of a notice of intent to submit a claim to arbitration and on Aug. 4, 2020, regarding Lupaka entering into a finance agreement for its arbitration claim under the Canada-Peru free-trade agreement (FTA). The request has been filed with ICSID in Washington, United States.
The dispute arises out of Peru's breaches of the FTA in relation to Lupaka's investments in Peru. More specifically, the dispute stems from the Republic of Peru's actions, namely the illegal acts of its subdivision, the Community of Paran, which illegally invaded Lupaka's project held through Invicta Mining Corp. (IMC) and set up a permanent blockade to the site, as well as from the lack of support from the Peruvian police force, prosecutors and central government officials to remove the illegal blockade and restore Lupaka's rights to its investment.
By September, 2018, IMC had developed approximately 3,000 metres of underground workings, secured community agreements from communities that own the superficial lands within the project area, completed a 29-kilometre access road sufficient to handle 40-tonne ore trucks and completed numerous metallurgical tests ranging in size from a few hundred to a few thousand tonnes. In September, 2018, IMC requested that the final inspection of the completed works take place to allow exploitation to begin.
In mid-October, 2018, just before the final inspection was to take place, the neighbouring community of Paran's gunmen forced IMC's personnel from the project's area, including from its offices located at the camp and erected a blockade, thereby preventing access to the mine and camp. The blockade was erected on the road built by the mining company and on the community of Lacsanga's recorded property. IMC has existing agreements with the community of Lacsanga. The community of Paran's blockade party was often violent and did not hesitate to fire rifles and threaten Lacsanga's community members and IMC's employees. Both Lacsanga and IMC requested that authorities assist to remove the blockade and restore access to the mine. This assistance was not provided.
Financing for IMC's development of the mine was provided through a gold loan. During the blockade period, Lupaka was scheduled to have been processing material, creating cash flow and paying down the loan. It was unable to do so because of the illegal blockade. Ultimately, 10 months later in August of 2019, with no apparent progress being made in the conflict, the lender foreclosed on the loan, and Lupaka lost its entire investment.
Lupaka's loss of IMC and the mine was a consequence of Peru's acts and omissions. Lupaka has therefore commenced arbitration proceedings against the Republic of Peru, seeking compensation in an amount in excess of $100-million (U.S.), to be further quantified during the course of the arbitration.
With respect to the arbitration proceedings, Lupaka is represented by the international law firm, Lalive, and has the financial backing of Bench Walk Advisors.
Lupaka Gold Corp.
Lupaka is an active Canadian-based company focused on creating shareholder value through identification and development of mining assets.
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