New development: ICA refuses interim relief in Reko Diq appeal

TCC wanted Balochistan govt to stop its plans for working on H4 deposit.

QUETTA:

The International Court of Arbitration (ICA) has denied Tethyan Copper Company (TCC) any form of relief in the Reko Diq case, which it sought under its interim measures application and has supported the arguments of the Balochistan government.

TCC had lodged an arbitration case with ICA, the International Chamber of Commerce (ICC) and the International Center for the Settlement of Investment Disputes in late 2011 to put pressure on the provincial government. But the government has also vehemently contested the case.

Instead of capitulating to the pressure, both the provincial and federal governments contested the arbitrations and the interim relief applications and have now won the interim relief application.

Through the interim measures application, TCC wanted Balochistan to stop its plans for working on the H4 deposit in Reko Diq in the interest of Balochistan and Pakistan, claiming that the province would damage the area and the company would suffer irreparable losses in terms of mines and money.

The legal team representing the Balochistan government and comprising Ahmer Bilal Soofi ASC, Arthur Marriott QC, Cherie Booth QC, Mahnaz Malik and Attorney General Balochistan Amanullah Kanrani vehemently contested the case and Dr Samar Mubarakmand gave a witness testimony before the ICC Tribunal.

It was successful in proving to the Tribunal that TCC would not suffer any irreparable losses if the government was allowed to continue with its plans.

It also established that Balochistan would suffer more loss than TCC if it were ordered to stop its plans.

It is pertinent to mention that no final verdict has been passed on the case.

Published in The Express Tribune, February 21^st, 2013.