𝐂𝐚𝐫𝐧𝐞𝐠𝐢𝐞 𝐌𝐢𝐧𝐞𝐫𝐚𝐥𝐬 𝐒𝐢𝐠𝐧𝐚𝐥𝐬 𝐅𝐫𝐞𝐬𝐡 𝐋𝐞𝐠𝐚𝐥 𝐀𝐜𝐭𝐢𝐨𝐧 𝐎𝐯𝐞𝐫 𝐔𝐧𝐩𝐚𝐢𝐝 𝐈𝐂𝐒𝐈𝐃 𝐀𝐰𝐚𝐫𝐝 𝐀𝐠𝐚𝐢𝐧𝐬𝐭 𝐓𝐡𝐞 𝐆𝐚𝐦𝐛𝐢𝐚

Carnegie Minerals has signalled its intention to resume legal efforts to enforce an unpaid international arbitration award against the Government of The Gambia, according to correspondence seen by Gunjur Online.

In an email copied to Gunjur Online, Ty Ludbrook, Executive Director and Chief Operations Officer of Atlas Assets, informed Minister of Finance Seedy Keita that he had been advised Carnegie Minerals would restart proceedings in the English High Court to seek recognition and enforcement of the outstanding ICSID arbitration award.

The correspondence also states that an investigative journalist is preparing a report examining the Gambian government’s handling of settlement discussions relating to the award. According to the email, the report is expected to scrutinise reported settlement efforts around 2017 and again in November 2023, and publish correspondence obtained during the investigation.

Ludbrook further disclosed that he intends to travel to Banjul in August to meet with U.S. Embassy Chargé d’Affaires Robert Anderson. He invited Minister Keita to join the discussion, recalling that they were unable to meet during his previous visit in November 2023.

The dispute stems from the cancellation of Carnegie Minerals’ mining licence in February 2008. The company commenced arbitration before the International Centre for Settlement of Investment Disputes (ICSID) in 2009 and obtained an award in July 2015. The Gambia’s application to annul the award was unanimously dismissed by an ICSID ad hoc committee in July 2020, leaving the award in force.

A chronology accompanying the correspondence also documents meetings between representatives of Astron and officials of The Gambia’s Ministry of Justice in November 2023, during which a negotiated settlement was discussed. The proposed settlement reportedly included a reduction in the amount claimed, a long-term instalment payment plan and a freeze on accrued interest. The chronology states that a draft settlement agreement and subsequent follow-up communications did not receive a response.

Gunjur Online has contacted the Ministry of Finance, the Ministry of Justice and Information Ministry for comment. At the time of going to press, no response has been received from any of the three ministries. This article will be updated if a response is received.