Displaying items by tag: Dispute

Mexico: Cemex says that it is within its rights to have continued using the Punta Venado terminal in Quintana Roo beyond the expiry of its contract with owner Sac-Tun at the end of 2022. Cemex says that it obtained an injunction to continue using the facilities after it began to have difficulty accessing them in late 2022. It subsequently obtained a contempt of court order against Sac-Tun when it tried to prevent it from accessing the terminal.

The Mexican State Prosecutor's Office supported Cemex's re-entry into the Punta Venado terminal on 14 March 2023.

Mexico: US-based Vulcan Materials has accused Cemex of illegally entering and unloading materials at its Punta Venado terminal in Quintana Roo. Vulcan Materials' subsidiary Sac-Tun operates the terminal, which serves its nearby Playa del Carmen quarry. Sac-Tun previously provided handling and unloading services at the terminal for Cemex, under a contract which expired on 31 December 2022. A local court ruled in favour of Cemex in the dispute over its continued use of the facilities on 5 March 2023. A high court intervened with an injunction in favour of Vulcan Materials on 16 March 2023.

Vulcan Materials now plans to take further legal action, according to Forbes. It is currently engaged in another legal dispute against the Mexican government for the latter's refusal to renew Sac-Tun's licence to operate the Playa del Carmen quarry. The producer is seeking damages of US$78.9m. The government said that the quarry had ceased to operate in line with requirements under its environmental impact licence and local land use plans.

Bolivia/Mexico: Compañía de Inversiones Mercantiles (CIMSA) has signed a settlement agreement with GCC in the parties' dispute over a transaction affecting shares in Sociedad Boliviana de Cemento (SOBOCE). Law360 News has reported that the settlement does not preclude GCC´s option to recover the settlement amount from other third parties, if necessary.

GCC failed to grant CIMSA a right of preference before selling its 47% stake in SOBOCE in 2011. The Inter-American Commercial Arbitration Commission (CIAC) subsequently awarded compensation to CIMSA. Since this time, the matter has passed through courts in both Bolivia and the US.

Guinea: Employees from Diamond Cement began a strike on 2 March 2023. Sékouba Kouyaté, 1st delegate of the Diamond Cement workers' union, said “We have decided to go on strike under articles 431.1; 431.2; 431.3 and following of the labour code of the Republic of Guinea. To this end, it should be reiterated that the reason for this strike is the categorical refusal of the general management to open a framework for frank and credible dialogue. We pitifully deplore the fate of the workers working in this company from construction until now, more particularly in its intermediary companies that no longer comply with article 135.7 of the labor code. Enough is enough.”

India: The state government of Himachal Pradesh has announced the forthcoming reopening of Adani Group's Darlaghat and Gagal cement plants. Reuters has reported that truck drivers' unions agreed to a reduced freight rate offered by Adani Group. The producer shut the plants on 15 December 2022, claiming that it faced prohibitively high operating costs, including high freight charges.

Truck drivers will now receive rates of US$0.12/t/km for despatches in small delivery trucks and US$0.11/t/km for dispatches in articulated trucks. Drivers operating at the Darlaghat cement plant previously earned fees of US$0.13/t/km, while those operating at the Gagal cement plant had earned fees of US$0.14/t/km. Adani Group had reportedly sort to lower rates to US$0.07/t/km. Unions have criticised the newly negotiated rates, pointing out the UltraTech Cement recently raised the wages of drivers at its Baga cement plant in the state to US$0.13/t/km.

Kenya: Five cement producers are opposing an increase in import taxes on clinker that has been championed by National Cement owner Narendra Raval Guru. They claim that he has ‘been given the ear’ of the country’s current administration and is using his position as a domestic clinker manufacturer to disadvantage cement companies that grind imported clinker. The company is reportedly seeking an increase on the duty from 10% to 25%.

The five cement companies - Rai Cement, Bamburi Cement, Savannah Cement, Ndovu Cement and Riftcot – argue that this would create an unfair playing field in the local cement sector. The say that two manufacturers, National Cement and Mombasa Cement, would dominate due to their clinker manufacturing plants. Mombasa Cement has not stated a position in the dispute.

India: Police arrested 50 truck drivers and union leaders at protests outside Ambuja Cements’ Darlaghat cement plant in Himachal Pradesh on 1 February 2023. The events marked the 50th day of on-going protests against Adani Group’s closure of the Darlaghat and Gagal cement plant following its acquisition of Ambuja Cements and ACC in September 2022. The Times of India newspaper has reported that cement truck driver’s unions are now threatening to escalate the protests to a ‘chakka jam’ demonstration across Himachal Pradesh. This would involve blocking roads at five planned locations in the state. Union representatives will meet Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on 3 February 2022. Sukhu has repeatedly expressed support for protestors, saying that the state will not tolerate exploitation.

United News of India has reported that protestors on 1 February 2023 voiced criticism of Indian ‘lawlessness’ and of Adani Group and Prime Minister Narendra Modi’s Bharatiya Janata Party’s (BJP) power ‘monopoly’ in the country.

India: The India Cements will pay each of its 500 cement plant workers an additional US$736/yr, effective retroactively from the start of the 2023 Indian financial year on 1 April 2022. This will subsequently rise by up to another US$736/yr from the start of the 2026 financial year. The Hindu BusinessLine News has reported that the move is the result of talks with workers' unions. The India Cements additionally agreed to pay a total US$202,000/yr in premiums on medical insurance policies for all cement plant employees.

The India Cements operates 10 cement facilities in India.

US: Mexico-based GCC must pay US$36.1m in compensation to Bolivia-based Compañia de Inversiones Mercantiles (CIMSA) in their dispute over deal concerning shares in Sociedad Boliviana de Cemento (SOBOCE). A US court issued the latest ruling after refusing to recognise an earlier judgment by a Bolivian court on 10 January 2023.

Milenio News has reported that GCC is expected to appeal the US court's decision.

Dangote Cement’s Obajana plant has been the focus of an argument between the cement producer and the Kogi State Government (KSG) in recent weeks. The integrated plant was forced to close in early October 2022 and then reopened in mid-October 2022 following an order by the Federal Government. The dispute then entered a legal phase, with the state government taking Dangote Cement to court. The case is ongoing.

The current stage of the disagreement dates back to late August 2022 when the Kogi State House of Assembly reportedly set up a committee to investigate the shares that the state owned in Dangote Cement and other organisations as part of an initiative to examine tax revenue from mining companies. By the end of September 2022 this had turned into a discussion about how exactly Dangote Cement had originally acquired its shares in the Obajana cement plant in Kogi state as well as how much tax it was paying. In early October 2022 the local government ordered the closure of the plant. Events then turned nasty as local vigilantes attacked the plant and hurt some of its staff. In the general unrest that followed the Kogi State House of Assembly was destroyed in a fire. The plant partially reopened fairly quickly and then fully once the Federal Government intervened. Legal action was then started at the Kogi High Court.

Unusually for this kind of disagreement both sides have published detailed information on their respective arguments. Dangote Cement’s parent company Dangote Industries outlined how it originally came to build and own the Obajana cement plant. In short, it signed deals in 2002 and 2003 to buy a 100% stake in Obajana Cement from the KSG, before the plant was built, with the proviso that the state could later buy a 5% share within five years. Dangote Industries then independently financed and built the plant and Obajana Cement later became Dangote Cement. Crucially, according to Dangote Industries, KSG never bought its 5% share. On the opposing side, the KSG has published what it says is the original contract and annexes that it signed with Dangote Industries. This agrees with some of what Dangote Industries has said, especially the part about the option to buy a 5% stake within five years. However, according to reports in the local press, KSG is attempting to persuade the judiciary to cancel the original contract on the grounds that it lacked clear consideration of what should pass from the state to Dangote Industries in return for giving the latter full ownership of Obajana Cement. In other words, the KSG is querying whether the contract is valid given that it received apparently nothing for giving a company away.

The Obajana cement plant was later built and it became operational in 2007. Today it is the largest cement plant in Nigeria and one of the largest in Africa. It produces around a third of the country’s cement and this is why its closure earlier in October 2022 became a national issue. Since the early 2000s Dangote Cement has become the biggest cement producer in Sub-Saharan Africa. It is both a success story for the region and the world.

There may be issues with the perceived or actual contribution Dangote Cement is making locally in Kogi State. These are the kinds of issues that both companies and governments contend with continually. Companies consider where it is cost effective to place investments and governments try to entice them. It is possible that the KSG gave Obajana Cement to Dangote Industries in what it retrospectively considers is a poor deal. It is also possible that Dangote Cement has not paid sufficient tax, although it strongly denies this, and the KSG seems to have moved on from this line of attack. What may be the bigger issue here is if Dangote Cement is perceived to have not paid its dues in Kogi State. However, it seems odd that the KSG would suddenly decide to go after Dangote Industries nearly 20 years after agreeing to the deal. It also seems strange that no lawyer for either party flagged the consideration issue at the time. Thankfully calmness has now prevailed in the state and the cement plant remains open. It is for the courts to decide the validity of the original contract between Dangote Industries and the KSG.