The Optimum Mine Hardship Claim
Optimum Coal mine invoked a ‘hardship’ clause in its coal supply agreement with Eskom at the Hendrina power station, claiming that the costs of mining have risen more than the price it was being paid for Eskom under the coal supply agreement. Eskom opposed the claim and the dispute was referred to arbitration.
We collaborated with Econex in producing an expert report for Eskom on the hardship claim by Optimum. In addition to critically reviewing the details provided in the Optimum claim, we developed a range of strategic arguments that Eskom could employ to defend its case.