The
extrajudicial agreement between Mozambique and the financial group UBS on the
“hidden debts” case in the British courts was approved by the Council of
Ministers in June, the Mozambique Government Gazette Boletim da República dated
14 September indicates. The Supplement to the Boletim da República dated
September 14, consulted on Monday by Lusa, ratifies the ‘Transaction Agreement’
signed between the Republic of Mozambique, the state-owned company Proindicus,
the Credit Suisse Group and other litigants in accordance with a resolution
approved by the Council of Ministers [Cabinet] on June 6th.
READ: UBS nears settlement with
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“The
purpose of the Transaction Agreement is the global and definitive resolution of
the dispute between the parties referred to in the previous article and the
total and reciprocal waiver of their claims, in the dispute, in the case of the
disputing parties, and outside of it, in the case of the non-litigating
parties, regarding responsibilities in financing Proindicus,” the document
states.
In
addition to Credit Suisse, currently part of the UBS financial group, Moza Banco,
United Bank for Africa, investment funds VR Global Partners and Farallon
Capital, as well as Banco Internacional de Moçambique, Banco Comercial de
Investimentos and other institutions signed the agreement. However, the
shipping group Privinvest, the Russian bank VTB and Banco Comercial Português
(BCP) were specifically omitted from the agreement. “This deal appears to have
been in the works and cooked up [over] some time,” Privinvest lawyer Duncan
Mathews told the London High Court in London on Monday.
Sunday’s
settlement, struck one day before a blockbuster London trial was due to begin,
prompted scores of lawyers representing Mozambique, Credit Suisse, Privinvest,
three former Credit Suisse bankers, creditors and others, to gather in the High
Court in London to establish how the trial should now proceed. Judge Robin
Knowles said there was an imperative to ensure the three-month trial o “complicated
and interwoven multi-party case” was fair to all parties and postponed the
opening of the trial to at least Oct. 16. Duncan Matthews, for Privinvest, told
the court that the settlement had created a “significant shift” in the burden
on his clients and that they should have time to work out which claims and
cross-claims remained on the table. He also noted that it was “not quite clear”
whether Mozambique’s claims against three former Credit Suisse bankers had also
been settled or put on hold.
READ: London trial delayed until at
least Oct. 16 as Mozambique switches focus to Privinvest in ‘tuna bond’ case
The
trial is the culmination of almost four years of litigation in the British
courts, to which Mozambique appealed, alleging bribery, conspiracy to harm by
unlawful means and dishonest assistance to write off debts and claim financial
compensation worth millions of dollars.