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Oxus Gold (LON:OXS) has been one of the top performing stocks of 2012 so far, rising almost 400 per cent since the turn of the year. The firm, effectively a shell company, is currently tied up in a legal battle with the Uzbek government and it has been an extremely bumpy ride for investors in recent years. Oxus began international arbitration proceedings against the Uzbeks back in August. At that time the firm estimated the value of its claim at around US$400 million. The problem Oxus faced was that its limited cash position meant it was in a weak position to bargain for any kind of early cash settlement and similarly the costs associated with mounting a potentially protracted legal case would have been prohibitive. However, an innovative funding deal earlier this month provided investors with a glimmer of hope. The deal with Calunius Capital, an investment group run by lawyers and legal experts, gives Oxus sufficient financial backing to pursue its case with increased optimism. Basically, the arrangements see Calunius paying the costs related to the legal battle in return for a material portion of any settlement. It is a non-recourse arrangement, or put simply a ‘no win, no fee’ deal. Oxus shares were boosted significantly by the news of the deal, as it provides a number of benefits for the company. First of all, it removed some of the risks associated with Oxus’ ability to support itself financially as the case progresses. It means that Oxus can now preserve and budget its existing cash resources without worrying about monthly legal costs. As such it has also strengthened the firm’s ability to negotiate a potential settlement. Investors also took the deal as a significant endorsement in terms of the merits of the group’s legal case. While litigation funding deals are rare here in the UK, they are much more commonplace in the US where they are frequently deployed as a means of investment. Essentially, from the fund’s point of view, any funding arrangement is assessed as an investment proposition. As such any decision to invest in a legal case would be subject to considerable due diligence. And a decision to invest shows a degree of confidence in the case. According to Rachel Rothwell, writing in the Law Society Gazette last month, litigation funding groups are remarkably cautious. And most firms will not touch a case unless it is deemed to have a 70 per cent chance of success, she says. Under the terms of the funding agreement Oxus will still retain complete control over the arbitration proceedings, insofar as the proceedings relate to the company's claims. The group will also have the right to settle with the Uzbeks, discontinue proceedings, proceed to trial or take any action it considers appropriate to enforce judgement. The arbitration claim centres on what Oxus says was effectively the expropriation of its stake in the Amantaytau Goldfields (AGF) mining operation in Uzbekistan. Last year, Oxus agreed to sell its 50 per cent stake in the AGF business, which operated the mines. The deal was with two state-backed mining companies, which already owned the other 50 per cent stake in the AGF venture. The transaction value was not agreed at that time. And subsequently the state-backed buyers initiated an audit to determine a value for the deal. However, Oxus later declared ‘force majeure’ over the assets. Oxus says the audit was not evaluating the assets of AGF in good faith and instead it appeared to be using the process to find reasons to justify putting AGF into liquidation. The company made attempts to negotiate an amicable resolution to the dispute but, Oxus says, the government did not make itself available to discuss the issue. As a result Oxus revealed that the attempted negotiations had failed and it began international arbitration proceedings in August. The arbitration requests that damages be proven and quantified through the proceedings. At that time Oxus estimated the figure would be in the order of US$400 million. At the time of writing, Oxus shares stood at 3.55p a share. This represents a 380 per cent gain in the year to date, and a 135 per cent rise since the funding deal was agreed.
http://www.proactiveinvestors.co.uk/companies/...challenge-40238.html
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