Unconstitutional mining contract arbitration prospects

 

What opportunities does Panama have in the face of the arbitrations promoted by the mining company after the ruling of the unconstitutionality of the contract? If we go back to the facts, the possibilities seem good, although costly. Years ago, when the mining company bought the rights to exploit the copper mine from Petaquilla, it should have known that an unconstitutionality lawsuit against that concession was pending and that the ruling could be either in favor or against. They took the risk and accepted the consequences. The ruling was against and the Government, far from abiding by the ruling, made another contract with the same defects and probably more. The company and its lawyers should have known that they were facing a contract that suffered from the same defects as the first. They made up for it, but it continued to be a mockery of the Constitution. And the Government also knew that, because it was warned in time by the Administration’s attorney. So, should Panama pay the mining company at its own risk and expense when it settled in Donoso? Was the mining company unaware that this year’s contract was a twin of the one agreed in 1997? The answer to both questions is simply no. – LA PRENSA, Dec. 3.