Moscow-New York -- September 30, 2010 -- OAO Norilsk Nickel, the world’s largest producer of nickel, does not rule out the possibility of filing the deliberate obstruction of business charges against UC Rusal Plc, an aluminium giant which owns 25 percent stake in Norilsk, RUXX has learned from a source close the miner’s management.
The charges may be filed after the Arbitration Court of the Krasnoyarsky region has reviewed a lawsuit filed by Rusal, which aims to overrule the Board Election Annual Meeting of Norilsk Nickel, that took place earlier this summer and resulted in Rusal losing one of four sits on the Norilsk Board.
Unsatisfied with the outcome of the election, Rusal appealed to Russia’s Prosecutor General’s office and Federal Securities Commission. After review, both agencies found no irregularities in the election and dismissed Rusal’s appeal. Rusal also filed a lawsuit in London, disputing the board election and called for an emergency meeting of the shareholders, which will take place on October 24, 2010.
However, Rusal is putting more pressure on Norilsk and is resorting to what seems similar to the corporate raider tactics, popular in Russia in the 1990s, which include filing lawsuits and demanding interim measures, effectively banning the company’s Board from running the company. Kommersant, Russian business daily newspaper, quotes a source in Norilsk Nickel as saying: “The lawsuit can provide Rusal with additional leverage. In court, the company can request interim measures and block the Board from doing any work. And the Board is making 2000 important decisions per year. Norilsk can’t function without it”.
Aaron Wolf, a senior analyst with RUXX Index, which tracks Russian stocks, thinks that Norilsk investors might support the legal action against Rusal, shall the miner decide to take it: “Rusal’s lawsuits can clearly affect the company’s operations. The authorities found no irregularities in the shareholders’ meeting, and the long-running conflict can hurt the company,” adds Wolf.
RUXX Index and Research group tracks and analyzes Russian companies listed on international exchanges.
Update on Friday, October 1, 2010 at 03:19AM by
RUXX
Norilsk Nickel management claims that the Rusal lawsuit has been dismissed by the Krasnoyarks region court. Rusal issued an official statement that says that the lawsuit is still under review and has not been dismissed: The court will review the lawsuit after minor technical issues will be resolved.