BHP, Vale agree deal over 2015 Brazil dam collapse proceedings in UK
Adds comment from law firm in paragraph 11
By Roushni Nair
July 12 (Reuters) -Mining giant BHP BHP.AX said on Friday it had reached a deal with Brazilian peer Vale VALE3.SA to split equally the cost of any damages related to proceedings in Britain over a 2015 dam collapse in Brazil that killed 19 people, while denying liability for related claims.
BHP Group (UK) Ltd and its Anglo-Australian parentBHP are defendants in agroup action claimin the English High Court, brought by more than 600,000 claimants seeking damages for the FundaoDam failure.
The collapse of the tailings dam, which stored mining waste and is owned by the Samarco joint venture between BHP and Brazilian iron ore mining giant Vale,killed 19 and spilled about 40 million cubic meters of toxic sludge into communities, the Rio Doce river, and Atlantic Ocean 650 km away.
BHP and Vale will each pay 50% of any amount potentially payable to the claimants in the UK proceedings, the Netherlands proceedings, and others in Brazil covered in the agreement, the company said on Friday.
It reinforces the framework agreement signed in 2016 for BHP Brasil and Vale to each contribute 50% to the funding of the Renova Foundation, which was set up to ensure full and fair remediation for the damages caused by the dam collapse.
"BHP believes the English Proceedings are unnecessary because they duplicate matters already covered by the existing and ongoing work of the Renova Foundation and legal proceedings in Brazil," the company said.
BHP will continue to defend the UK proceedings and does not consider that it is liable to the related claimants, it added.
In March, a new claim was filed against Vale and the Dutch subsidiary of Samarco in the Netherlands in which BHP is not a defendant, BHP said.
Since the UK proceedings were not brought against Vale, BHP had filed a contribution claim against Vale in December 2022, which has now been withdrawn due to the new agreement.
"The effect of the agreement is that should BHP ultimately be found to have any liability to the claimants in the UK claims, or should Vale ultimately be found to have any liability to the claimants in the Netherlands, such liability would be shared equally between BHP and Vale," Vale said in a separate statement.
Pogust Goodhead, a UK-based law firm which represents the claimants, said despite the agreement between the two miners, nothing changes for its clients taking action against the mining companies in England and the Netherlands.
($1 = 0.7714 pounds)
Reporting by Roushni Nair in Bengaluru; Editing by Shounak Dasgupta, Sriraj Kalluvila, David Evans and Anil D'Silva
Related Assets
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
