December 27, 2024
ZENITH ENERGY
LTD.
("Zenith" or the
"Company")
Court decision in ICSID
Arbitration against the Republic of Tunisia
Zenith Energy Ltd. ("Zenith"
or the "Company")
(LSE: ZEN; OSE: ZENA; OTC PINK:
ZENAF), the listed international energy production and
development company, is pleased to announce that
it has now received the latest decision of the Arbitral Tribunal of
the International Centre for Settlement of Investment
Disputes ("ICSID") arbitration against the Republic of Tunisia held
in Washington, D.C. (the "ICSID Arbitration") initiated by the
Company's fully owned subsidiaries, Zenith Energy Africa Ltd.
(British), Zenith Overseas Assets Ltd. (British), Compagnie du
Désert Ltd. (British) (collectively,
"Claimants") against the
Republic of Tunisia as Respondent (the "Respondent").
Zenith's legal counsel in the ICSID
Arbitration is Clay Arbitration and Charles Russell Speechlys
(Paris), the same legal team that advised the Company in connection
with the successful ICC-1 Arbitration.
This language of the ICSID
Arbitration is French. The ICSID, in French language, is named
'Centre Internationale pour le Réglement des Differents relatifs
aux investissements ("CIRDI") and is registered under No.
ARB/23/18.
ICSID (CIRDI) cases are partially
public and information updates can be visualised using the
following official webpage, using as reference Arb/23/18,
link:
https://icsid.worldbank.org/cases/case-database/case-detail?CaseNo=ARB/23/18).
Decision
On December 23, 2024, the ICSID
Arbitral Tribunal issued a decision in connection with the
Respondent's request to address objections to jurisdiction as a
preliminary question ("Bifurcation").
The Respondent's request for
Bifurcation was fully rejected in very severe terms by the ICSID
Arbitral Tribunal.
The Arbitral Tribunal's Decision has
dismissed the Respondent's application in
its entirety and has reserved all other matters, including those
relating to costs, for a subsequent order, decision or
award.
The Decision has also
ordered the Claimants and Respondent to consult
and agree on a shorter procedural timetable and to communicate this
to the Tribunal no later than January 20, 2025.
For background, the ICSID
Arbitration was initiated by the Claimants
in June 2023 following the Republic of Tunisia's failure to comply
with the terms of the Investment Treaty BIT
United Kingdom of Great Britain and Northern Ireland - Tunisia
signed in 1989.
The amount claimed for the ICSID
Arbitration, determined by a panel of international quantum experts
appointed by the Company, is for a total principal amount of US$503
million.
Andrea Cattaneo, Chief Executive of Zenith,
commented:
"Progress in respect of our international legal arbitrations
against the Republic of Tunisia, with claims totalling
approximately US$639.5 million, continues without
pause.
We
are pleased by the fact that the decisions in respect of both the
ICC-2 Arbitration, expected during the summer of 2025, and the
ICSID Arbitration, expected during the first two quarters of 2026,
are no longer in the distant future and are increasingly within
sight.
The Company will always seek to update investors to the extent
it is permitted under the rules of the ICC and ICSID, as well as in
full conformity with applicable stock exchange
regulations.
Following the recent favourable decision achieved in the ICC-1
Arbitration, it is apparent that there is a linear and effective
pathway by which Zenith and its shareholders can be compensated for
the very significant damages suffered because of the arbitrary
conduct of the Tunisian authorities.
We
are particularly grateful to our very capable legal team, comprised
by Professor Thomas Clay (Clay Arbitration) and Mr. Simon Le Wita
(Charles Russell Speechlys CRS - Paris) who have been
instrumental in presenting the merit and validity of our
position."
Calendar
·
ICSID procedural timetable shall be known before
20 January 2025.
·
The final Court
hearing in respect of ICC-2 Arbitration is expected by the close of
February 2025, with the final decision (the "Award") expected during the summer of
2025.
Further Information:
Zenith Energy Ltd
Andrea Cattaneo, Chief Executive Officer
|
Tel: +1 (587) 315 1279
E: info@zenithenergy.ca
|
Notes to Editors:
Zenith Energy Ltd. is a revenue
generating, independent energy company with energy production,
exploration and development assets in North Africa, the US
and Europe. The Company is listed on the London Stock Exchange
Main Market (LSE: ZEN), the Euronext Growth of the Oslo Stock
Exchange (OSE: ZENA) and the Pink Markets of the OTC
(OTC PINK: ZENAF).
Zenith's strategic focus is on
pursuing development opportunities through the development of
proven revenue generating energy production assets, as well as
low-risk exploration activities in assets with existing
production.
For more information, please
visit: www.zenithenergy.ca
Twitter: @zenithenergyltd
LinkedIn: https://bit.ly/3A5PRJb
Market Abuse Regulation (MAR)
Disclosure
The information contained within
this announcement is deemed by the Company to constitute inside
information as stipulated under the Market Abuse Regulations (EU)
No. 596/2014 as it forms part of UK domestic law by
virtue of the European Union (Withdrawal) Act 2018
("MAR"). Upon the
publication of this announcement via a Regulatory Information
Service ("RIS"), this
inside information is now considered to be in the public
domain.