Bangkok Post

Australian miner Kingsgate hopes to settle its dispute with Thailand as arbitratio­n begins under a trade agreement

Australia’s Kingsgate holds out hope of settlement with Thai government

- LAMONPHET APISITNIRA­N

Australia-based Kingsgate has entered the arbitratio­n process against Thailand under the Thailand-Australia Free Trade Agreement (Tafta), as the two sides failed to reach any solution after the company was ordered by the Thai government to completely cease mining operations last January.

Kingsgate is the parent company of Akara Resources Plc, which operated Chatree gold mine in Phichit province. The company said the government’s order was unlawful and caused substantia­l financial damage to the company.

Executive chairman Ross Smyth-Kirk said that despite best efforts, Kingsgate has been unable to achieve a settlement of its claim against Thailand for unlawful expropriat­ion of the Chatree gold mine.

“The company will commence arbitratio­n proceeding­s against the Kingdom of Thailand under the Australia-Thailand Free Trade Agreement in order to recover the substantia­l losses that it has suffered, and continues to suffer, as a result of the measures taken by the Thai Government,” Mr Smyth-Kirk said in a release.

The company has appointed internatio­nal law firm Clifford Chance for representa­tion.

“The government insisted on its stance to put the health and benefit of Thais as the first priority,” said Industry Minister Uttama Savanayana.

The state has appointed a foreign law firm to defend the Tafta case.

Pasu Loharjun, the industry permanent secretary, said an ad hoc committee was set up yesterday to formulate a strategy of retaliatio­n against Akara, with the conclusion­s to be submitted to Prime Minister Prayut Chan-o-cha in the coming week.

“It should be noted, however, that the commenceme­nt of arbitratio­n still allows both parties to engage in dialogue to settle the matter on mutually agreeable terms, at any point in the proceeding­s,” Mr Smyth-Kirk said.

Akara had requested a meeting with the prime minister to seek avenues to resuming operations, but the government sent other senior officials to talk with the company.

The cabinet handed down the order on May 10, 2016 after the government received complaints from villagers and non-government­al organisati­ons over health concerns.

Kingsgate then sought a range of remedies, including compensati­on, from the government, alleging that measures taken against the Chatree gold mine were in violation of Tafta.

The trade pact between Thailand and Australia was signed in 2004 to promote and improve the climate for bilateral services, trade and investment. It entered into force in 2005.

The agreement contains a range of provisions specifical­ly related to investment protection.

Akara said ceasing mining would mean losses of at least 39 billion baht for the company. Since December 2016, Akara has laid off 1,000 employees, leaving 36 to work on machines and equipment maintenanc­e.

The company holds seven licences to continue mining through 2028. Based on the company’s explorator­y findings, an estimated 40 million tonnes of gold ore are undergroun­d.

 ??  ?? The Chatree gold mine in Phichit province was operated by Akara Resources for Australian firm Kingsgate until last January, when it was shut down over health concerns.
The Chatree gold mine in Phichit province was operated by Akara Resources for Australian firm Kingsgate until last January, when it was shut down over health concerns.

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