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Positive Result in ICC-1 Arbitration against ETAP
19 Dec 2024 11:20 CET
Issuer
Zenith Energy Ltd
December 19, 2024
ZENITH ENERGY LTD.
("Zenith" or the "Company")
Positive Result in ICC-1 Arbitration against ETAP
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 final decision of the Arbitral
Tribunal in relation to the claims presented by its fully owned subsidiary
registered in Barbados, Ecumed Petroleum Zarzis Ltd (“EPZ”), against the
national oil company of the Republic of Tunisia, Entreprise Tunisienne
d'Activités Pétrolières ("ETAP"), before the International Chamber of Commerce
(ICC) in Paris (“ICC-1 Arbitration).
Background
The ICC-1 Arbitration was commenced following ETAP's failure to comply with its
contractual obligations to pay for oil produced and sold by EPZ in Tunisia.
On November 29, 2023, the Company announced that the Arbitral Tribunal had
rejected ETAP's request to include the Republic of Tunisia as co-defendant and
ordered ETAP to pay approximately EUR 120,000 in costs.
Final Decision – Award
The Arbitral Tribunal has ordered ETAP to pay a principal amount of
US$6,139,539, reflecting a revision in the price of Brent crude oil used as a
basis of calculation, approximately US$2,700,000 late payment interest levied up
to the day of the ICC-1 Arbitration decision, US$395,000 as reimbursement for
procedural costs associated with the ICC-1 Arbitration, and US$450,000 in legal
costs for a total amount of approximately US$9.7 million.
Interests in connection with late payment will continue to be levied until full
recovery of the Award is made.
The ICC-1 Arbitration award, in accordance with article 35.6 of the applicable
ICC Rules, is final and may not be appealed by the parties. It is immediately
enforceable and capable of being granted execution by any competent court.
Andrea Cattaneo, Chief Executive of Zenith, commented:
“We are very pleased to have now concluded the first chapter of our journey in
international legal arbitrations with a victory, confirming the merit of our
position and representing formal recognition of the damages we have suffered
because of the arbitrary conduct of the Tunisian authorities.
Our focus shall now turn to the ICC-2 and ICSID arbitrations with the goal of
seeking redress for the significant damages the Company has suffered in Tunisia
in relation to its oil production and development portfolio, with claims of
US$130 million and US$503 million respectively.
The final decision in respect of ICC-2 is expected by the close of February 2025
with the publication of the decision expected during the summer of 2025. The
hearings for the ICSID Arbitration are expected to take place during December
2025, with a final decision expected in the first or second quarter of 2026.
The ICC-1 Award is testament to the resilience of Zenith that has been able to
wholly shoulder the sizeable burden of costs inherent to international
arbitrations without third-party litigation funding, as well as the strength of
our legal team comprised of Professor Thomas Clay (Clay Arbitration) and Maitre
Simon Le Wita (Charles Russell Speechlys – CRS, Paris).
I thank all shareholders for their patience and support over the years. I look
forward with great optimism to 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 included in this announcement is defined as inside information
pursuant to MAR article 7 and is publicly disclosed in accordance with MAR
article 17 and section 5 -12 of the Norwegian Securities Trading Act. The
announcement is made by the contact person.
More information:
Access the news on Oslo Bors NewsWeb site
Source
Zenith Energy Ltd
Provider
Oslo Børs Newspoint
Company Name
ZENITH ENERGY
ISIN
CA98936C8584
Symbol
ZENA
Market
Euronext Growth