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December 10 is a key date for Corfo and Albemarle. This day is the deadline for the company to submit its arbitration complaint to the International Chamber of Commerce (ICC) against the United States for differences in lithium preferential prices that the company must deliver to the specialty producers designated by l & # 39; State.
Behind the new conflict that has shaken nonmetallic mining are a series of conversations held by representatives of the state and former Rockwoood, whose position has caused unrest among companies seeking to industrialize lithium in northern Chile. All meetings ended without agreement.
The Third PM confirmed that the last hearing between the parties had taken place on October 17. It was not registered by the lobbying platform because, according to Corf, the law did not require it, as Albemarle is a member of the company under a current contract.
This was a key meeting, because in the end, Corfo surprised Albemarle by announcing that he would file a suit in arbitration demanding the forced execution of the contract. Who and what topics did you discuss at the meeting?
Albemarle's Vice President and Chief Legal Counsel, Terry Hammons, Vice President and Senior Legal Advisor of Albemarle, was accompanied by his attorney, accompanied by Regional Prosecutor Ignacio Mehech and Regional Prosecutor Cristián. Conejero, Philippi's lawyer. Prietocarrizosa Ferrero DU & Uría (PPU), who advises the company in the aftermath of the conflict.
At the meeting, the US executive insisted on the position of the mining company and, again, no approach was adopted with Corfo. 19659002] Similarly, the recent arrival of Ellen Lenny-Pessagno, the new director of the mining company in the country, could at least pave the way for a change of focus of the talks currently in the country. 39; impbade.
The same sources consulted They pointed out that representatives of the mining company have always proposed as a way out of the divergence with the state of different alternatives. However, all share a reduction in the royalty or sales commission, saying the tax burden is very high. However, this offer was clearly rejected by the state.
The company states that "the contract signed with Corfo establishes that Albemarle has the duty" to offer its lithium products at the lowest parity price on the export market. (FOB Puerto Chileno) the last six months to specialized producers of value-added products. "However, in the call launched by Corfo to companies wishing to establish in the country and in the subsequent decision-making process, the concepts market and parity were omitted, which gave rise to an interpretation of Corfo which we categorically reject. "
For Albemarle, he is obliged, in accordance with the contract, to offer up to 25 % of production at the lowest price, at parity on the export market. The problem is that the words "parity" and "market" have been omitted from the bidding of specialized companies. It would not be the same conditions. He even promised to produce lithium hydroxide, which he does not produce in Chile
. In addition, Corfo continued to prepare and add professionals to its legal team to deal with the conflict, whose judgment should be known at the latest. in the next two years
Last Signature
According to experts in the field, the inclusion of related third parties – off the market – and the exclusion of the parity price to determine "the parity price of the lowest market "contradicts the language of the agreement and is at the origin of the controversy that will have to be settled by arbitration.
During this process, Corfo sought legal advice. Thus, he sought advice from Felipe Bulnes to intervene in the arbitration, but the lawyer asked to be prevented from giving the opportunity to testify in the future, if necessary. The former Chile agent in The Hague had already participated in the negotiations which led to the transaction ending the arbitration between Corfo and Soquimich. He also advised during negotiations with Albemarle.
In fact, the agency dependent on the economy does not even exclude to include in the list of witnesses, once the advanced arbitral proceedings, the former vice-president Executive Chairman of Corfo, Eduardo Bitran.
Today The Corfo legal team is headed by Andrés Jana, as well as by Rodrigo Gil, both lawyers of Bofill Mir & Álvarez Jana. Then there is the technical-legal team that is the Corfo Lithium unit, composed of Eliana Muñoz, Leonardo Valenzuela, Enrique Mandiola, Pamela Bórquez and Prosecutor María Elina. Cruz.
Corfo's legal strategy is coordinated by the chief. from the office of Executive Vice President Corfo Sebastián Sichel, Andrés Baytelman.
* This note was updated at 14:01
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