Dec 11 (Reuters) - Arbitration proceedings between
Canadian miner Franco-Nevada ( FNV ) and Panama over the Cobre Panama
copper mine entered a new phase this week with the formation of
a tribunal to hear the case, according to legal disclosures
filed by the parties.
Investors are awaiting Panama President Jose Raul Mulino's
decision over the future of the mine, which was shut down last
year due to public unrest. Cobre Panama is the flagship mine of
Canadian miner First Quantum Minerals ( FQVLF ), which is also
seeking damages from Panama.
Franco-Nevada ( FNV ) had a streaming agreement with First
Quantum to buy gold and copper from Cobre Panama in return for
financing mine operations.
Franco-Nevada ( FNV ) is seeking $5 billion in damages from Panama under
the Canada-Panama free-trade agreement.
In 2023, Franco-Nevada ( FNV ) took a $1-billion charge due to the
mine's closure. First Quantum has sought damages of at least $20
billion and Orla Mining ( ORLA ), which had its separate mining
contract canceled last year, is claiming at least $400 million
from Panama. The next stage is formal arbitration proceedings in
which the parties present their arguments.
Cobre Panama has become a flashpoint in the mining industry as
its closure has removed 1% of global copper supply. Mulino has
said his government will decide the mine's fate early next year,
even as the arbitration cases proceed.
Rating agency Moody's cut Panama's outlook to negative in
November and pointed out potential credit risks due to the
ongoing litigation.
"Absent measures to address this risk, including reopening
negotiations with the mine's operators, the government's credit
profile could face a severe financial shock in case of an
adverse ruling," Moody's said.
Franco-Nevada ( FNV ) did not respond to a request for comment.
First Quantum declined to comment.
Shares of Franco-Nevada ( FNV ) were down 1.7% in Toronto and First
Quantum dipped 0.5%.