Ecometals Limited Litigation Update
Toronto, Ontario – November 23, 2011 – Ecometals Limited (TSX-V:EC)
Ecometals Limited (the “Company”) is providing information on the status of certain litigation between the Company and Alto Tocantins Mineração Ltda. (“ATML”), Tocantines Mineração SA (“TMSA”), and Industria e Comerico de Minerios (“ICOMI”) in Brazil.
The Company believes that the actions launched by this group of companies are frivolous and devoid of any merit and the Company is defending them vigorously.
Case Number 0028592-47.2010.8.03.0001
This is a claim by ATML and TMSA, as plaintiffs, against the Company and Ecometals Ferro de Amapá Ltda (“EFAL”), a subsidiary of the Company, as defendants, dated August 12, 2010 pursuant to which the plaintiffs have sought to rescind a joint venture agreement dated December 2007 (the “Matapi JVA”) between them relating to the Matapi iron prospects. The plaintiffs seek to be indemnified for alleged losses and damages and moral damages and injunctive relief to prevent the Company and EFAL from exploring the Matapi property. The amount claimed is R$28,080,000 (approximately Cdn$16,227,000), which amount the Company believes to be grossly disproportionate to the value of the Matapi iron prospects. The Matapi JVA calls for disputes to be arbitrated in the United Kingdom and the lower court in the State of Amapá has refused jurisdiction. This decision was confirmed on April 04, 2011 by a unanimous panel of judges upon appeal to the State Court of Appeals of the State of Amapá. Subsequent to this on or about November 03, 2011, the plaintiffs sought an extraordinary appeal which has not yet been admitted by the State Court of Appeals.
Case Number 0028558-72.2010.8.03.0001
This is a claim by ATML and ICOMI, as plaintiffs, against the Company and Ecometals Manganes do Amapá Ltda. (“EMAL”), a subsidiary of the Company, as defendants, dated August 12, 2010, pursuant to which the plaintiffs have sought to rescind a separate joint venture agreement dated December 22, 2007 (the “SdN JVA”) between them relating to the Serra do Navio manganese project. The plaintiffs seek to be indemnified for alleged losses and damages and moral damages and injunctive relief to prevent the Company and EMAL from exploring the SdN property. The amount claimed is R$11,446,200 (approximately Cdn$6,615,000). The SdN JVA calls for disputes to be arbitrated in the United Kingdom and the Company has sought to have this arbitration clause enforced. Although the lower court in the State of Amapá initially accepted jurisdiction, the Company successfully appealed this decision to the State Court of Appeals of the State of Amapá which determined on September 01, 2011 that the matter should be arbitrated in the United Kingdom. Subsequent to this on or about October 28, 2011, the plaintiffs sought an extraordinary appeal to the State Court of Appeals but the Company is unaware as to whether or not such appeal has been admitted. In the meantime, on September 01, 2011, the State Court of Appeals stayed the proceedings on the merits until the appeal can be heard.
In the interim, in a separate proceeding, the Company obtained on September 15, 2011 an injunction against ATML and ICOMI to remove them from the Serra do Navio project as illegal trespassers.
Based on the facts of these two cases and its understanding of the state of law in question, including that based on advice from local legal counsel, the Company believes that the outcome of both of these lawsuits will be favourable.
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