So Much for No Arbitration:
See Translation of hive ppst:Fredag, 27. maj 2022 - 07:4
Former Supreme Court judges must represent the Self-Government in arbitration
The self-government has appointed Poul Søgaard as one of three judges in an upcoming arbitration case against Greenland Minerals.
The mining company Greenland Minerals has sent a complaint against the Self-Government and the Danish state, in which Greenland Minerals is requesting an arbitration case.
The arbitration case involves three judges, with each party appointing one judge each, and then agreeing on a third judge. The third judge is the chairman.
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The Self-Government informs Sermitsiaq.AG that former Supreme Court Judge Poul Søgaard has been appointed as the representative of the Self-Government and the Danish state in the arbitration. Poul Søgaard was a judge in the Supreme Court from 1997 to 2014, and in the years 2014 to 2017 he was also president of the Supreme Court.
Greenland Minerals has involved the Danish state because raw materials were the Danish area of responsibility when Greenland Minerals received an exploration permit in 2007.
Close to agreement on chairman
The mining company, for its part, has appointed Veijo Heiskanen - a Finnish lawyer based in Switzerland.
Veijo Heiskanen is an expert in arbitration cases and has for 25 years participated in several arbitration cases within oil and gas, mining and construction. He writes this on his Linkedin profile.
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The self-government further states that it is close to reaching an agreement with Greenland Minerals on who will chair the arbitration case.
Each party has put up with 3 candidates, and one of the candidates on both lists, so there will presumably be agreement on the same person. This is a Dane, according to a written response from the Ministry of Minerals and Justice.
Still hoping for rejection
Greenland Minerals argues in the complaint that the company is entitled to an exploitation permit in the controversial Kuannersuit project.
If the company cannot obtain an exploitation permit, the company will receive compensation with reference to the fact that the uranium ban can, according to the company, be described as expropriation, as this makes the Kuannersuit project impossible.
On the contrary, the then naalakkersuisoq for raw materials Naaja Nathanielsen announced that Greenland Minerals' claim for an arbitration is unfounded and that the company must take a case to the Greenlandic courts instead.
The Ministry informs Sermitsiaq.AG that it is still the Self - Government's view on the matter:
- Only the arbitrators can decide on this, and we want this to be the first thing that the arbitration decides on, so that we do not end up using unnecessary resources.
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