Ali Malek KC and Judy Fu succeed in BVI Gerald Metals dispute
On 6 December 2024, Wallbank J., sitting in the BVI Commercial Court, handed down his reasoned judgment in Global Mining and Gerald Metals v China National Gold Group BVIHCM 2023/0070.
The judgment is the latest decision in an ongoing dispute between Gerald Metals and China National Gold (“CNG”), concerning the ownership and control of Société de Recherche et d’Exploitation Minière (SOREMI), a copper-lead mining project in the Republic of Congo. By this application, CNG applied to set aside the BVI registration and enforcement of two partial final arbitral awards rendered by a HKIAC Tribunal, which had recognised Gerald Metals as the rightful owner of 100% of the BVI-incorporated holding company for the project.
Gerald Metals succeeded on all counts. In a wide-ranging application, the judgment of Wallbank J. considers the principles governing the registration of awards argued to be ‘not yet binding’ under the New York Convention, the jurisdiction of arbitral tribunals to render multiple awards on the same subject matter, and the public policy exception under the New York Convention as applied by the BVI Court.
Ali Malek KC and Judy Fu are instructed by Harneys and continue to represent Gerald Metals, in the BVI and in the ongoing HKIAC arbitration. The judgment is available here.
