Investor Presentaiton
ICSID Case No. ARB/12/14 and 12/40
Churchill Mining PLC and Planet Mining Pty Ltd
VS
Republic of Indonesia
Award dated 6 December 2016
The Claimants' lack of diligence
520. Second, one would expect an investor aware of the risks of
investing in a certain environment to be particularly diligent in
investigating the circumstances of its investment. Yet, the
Claimants did not engage in proper due diligence in their
dealings with their partners.
519. Third, because the environment was risky and because the
chosen business partner showed no record of proven reliability,
one would expect the investor to exercise a heightened degree
of diligence. This is so in particular in respect of the supervision
of the licensing process, since the mining licenses form the
indispensable basis of a successful investment. However, the
record shows that the Claimants' supervision of the licensing
process was deficient in several aspects.View entire presentation