One more case in Arbitrazh, Kosovo risks 100m euros

Lawyer Granit Vokshi representative authorized by the company “Iming”, who suggested that they will prosecute the indictment for this month The AKP at the Court of Arbitrazhi tells Kosovo that the Supreme Court's Special Chamber, in its reasoning, says: “The withdrawal of shares does not mean that the plaintiff will lose his investment made at the company”.

Moreover, according to him: “whether the plaintiff wants to retake those investments or compensate for those investments, he has the right to exercise another indictment whether it is in the Supreme Court's Special Chamber or near any forum that has the competence to establish such a thing.

Vokshi says that this decision and reasoning has been repeated by the Supreme Court's Special Chamber Appeal College, which consists of international judges.

The Special Chamber has never stressed that the plaintiff has failed to realise those investments. The special room has neither addressed the fact that the plaintiff has made or made those investments, because it is a matter of expertise. All that the Special Chamber has said is that the plaintiff in another procedure addresses the Court and estimates whether he did it or not and if I did as much as I did those investments. Of course, this is the issue and is not assessed by lawyers, but is praised by financial experts and experts”, Vokshi stressed.

The company <x0ming”, according to the lawyer, also based on its expertise, which it has accomplished, claims based on documentation that at least 22m euros in investments and 810 thousand euros have been made for privatisation. Aside from investments based on a financial expert expert proves that the company “Iming” has approximately 790 thousand euros a month's loss. So, he said all of these would be part of their claims and requests at the Arbitrazhi Tribulal.

He added that since it is alternative, the plaintiff, in this case the company “Iming” given the fact that it has lost confidence in local courts that they will decide right on this issue, has decided to head for Arbitrazhi's Tribunal to be established and that an adhok of Tributal will make a decision on the matter.

Because we're talking about two court decisions, two decisions that have recognised the buyers' right to compensation, that means we have the contract, which stresses that arbitration is competent. We have a verdict on the court that recognizes the right of compensation, and we have facts, we have evidence of what appears to have occurred, except for evidence on paper, there is physical evidence... We actually think that late August this case will be found in arbitration”, Vokshi said.

While the chairman of the Kosovo Privatisation Agency Board(AKP), Petrit Gashi has told Kosovo that the case with the company “Iming” is specific and that justice for the Golesh mine in Arbitrazh will be sought, but says it will protect the dispute in this international court as well.

The AKP leader believes he will not lose tens of millions, but will gain AKP's right.

For the specific occasion, we have received a warning that something like this will happen. There's one case that's been closed since. I'm telling you, I really don't have any attitude, it's the position of the party here. We've carried out the decision about Golesh, it's gone through all the trouble in our country's legal system, so what the party thinks or what the party plans, I can't judge or comment, but how would it be any form that is required of us to protect the case, we're in a situation to protect asset... I'm judging that we're on the right side, so it won't cost us this job off, but I'm hoping no one in this” starts the process, Gashi said.

The company's authorised representative <x0ming” has sent a letter to the Kosovo Privatisation Agency on July 10th of this year, where it has shown claims of intensity to initiate arbitrage procedure, yet the AKP has been obliged to respond within 15 days, but The AKP has not responded at all, so according to lawyer Vokshi all conditions have been met under the pledge agreement to initiate arbitrage procedure.

Lawyer Granit Vokshi, who is representative authorized by the company <x0ming”, has briefly told the history of theMIM Goes:

On October 23, 2014, the Kosovo Privatisation Agency had decided to exercise the return of the company's shares IMJG from the buyer, the company <x0ming”, this Croatian company that has come to Kosovo to invest in Kosovo mines.

Always according to the lawyer, the AKP's rationale for the return of the shares was that the company had failed to meet the pledge agreement, namely, the commitment to employment and investment, because according to the AKP the company had not achieved a 10 per cent or 20 per cent of the money-off investments in the contract.

Vokshi says that despite the fact that a asset rating company, which has proven that the company in question, had invested more than 13m euros, meaning close to 90 per cent or even more of the contract investment, has been invested in the company.