Pv Crystalox Solar Share Discussion Threads

[zcaprd7] 16/1/2018 10:09

So that explains why they were uncertain as to the size of the award...

[zcaprd7] 16/1/2018 10:08

The SituationIn March 2015, PV Crystalox GmbH, a German manufacturer of solar wafers, requested arbitration under ICC rules to enforce a long-term supply agreement with Neo Solar Power Corp, a Taiwanese photovoltaic company. Neo Solar Power Corp had ceased to procure wafers under the contract after prices for silicon wafers plunged in the wake of the financial crisis.NERA's RoleCounsel for the defendant retained Tomas Haug, Director in NERA's Berlin office, to submit an expert report to the tribunal to determine whether the drop in silicon wafer prices was due to an unforeseeable change in circumstance and to determine the fair market value of the contract under the new market environment. Mr. Haug's team included NERA experts Bastian Gottschling and Dominik Huebler as well as Petra Loerke, Florian Mockel and Philipp Kroeger. The team's analysis included an in-depth review of the developments that took place in the markets for silicon wafers and photovoltaic cells between the conclusion of the supply agreement and the request for arbitration.The report showed that the confluence and effect of simultaneous demand and supply shocks caused by a variety of factors, such as the financial crisis, the withdrawal of government subsidies, and a rapid expansion of photovoltaic generation capacity in China and later Japan, were indeed unforeseeable at the time the parties concluded the supply agreement. Consequently, Mr. Haug devised a price reset that would distribute the losses from the new market environment appropriately between the parties.The ResultThe tribunal ruled that the defendant had to pay a total of US$28.1 million, plus interest, for the outstanding 22.9 million wafers. This amounts to a price of US$1.23 per wafer, much below the original contract price and close to Mr. Haug's proposed price reset.The outcome of this case reinforces the view that the developments taking place in the various supply markets for solar cells in the wake of the financial crisis were indeed unforeseeable. While this had likely been recognized by many other suppliers who cancelled or renegotiated their contracts at the time, the ruling confirms that the new market environment is legally recognized.More information on this case can be found here (need to register):https://globalarbitrationreview.com/article/1150711/frankfurt-tribunal-rules-in-solar-wafer-dispute

[zcaprd7] 16/1/2018 10:04

Topped up again here, can't be much longer now?

[choccywoccy] 15/1/2018 17:07

Neo Solar announced it, using Crystalox's name. It is in their equivalent of RNSs

[zcaprd7] 12/1/2018 20:47

We get the prelims in March, so surely an update then...

[zcaprd7] 12/1/2018 20:46

That's for correcting my typo...

[zoolook] 12/1/2018 12:53

Obviously. Otherwise they wouldn't be in the know

[rjmahan] 12/1/2018 11:28

Co was known to people in the know for quite a while....

[spob] 11/1/2018 10:47

I'm guessing NSP may have had to declare the award to its shareholders.

[cjohn] 11/1/2018 09:30

Do you mean how DID they get identified?


It was bound to leak.

[zcaprd7] 11/1/2018 09:19

How do the company being sued get identified?

[cjohn] 10/1/2018 11:17

That's correct.

They should get on with it. it's in their own interest.

Until we're notified by PVCS that there's an issue with non-payment, I'd assume there isn't ie it's more likely than not that there isn't a problem.

Negotiating a payment to cover PVCS's need to fulfil their side of the contract will take time and perhaps accounts for the delay.

[simso] 10/1/2018 10:06

The Arbitration Decision mentions an Interest Charge being part of the $34m Award, and therefore assume Neo Solar Power will continue to accrue interest if they do not pay?

[cjohn] 10/1/2018 08:54

Not to fullfil the ruling of the international arbitration court would not improve the business reputation or prospects of Neo Solar Power. It would be against thier own interests to act in that way.

Having said that, companies - and individuals, of course - often do fail to see where their own best interests lie.

[zcaprd7] 09/1/2018 17:12

"pursue them through the courts" I'd say they'd done most of that.Enforcement of the court order perhaps, but how difficult is that across borders?

[extrader] 09/1/2018 15:08

Hi EezyMunny,

The CEO's 'take home pay' of £ 585K might appear generous, but includes a max. 100% bonus. More significantly, he holds approx 17m shares in PVCS or roughly 10% of MCap, so it seems fair to say that his personal interests are pretty closely aligned to our own.....;->

I've written to the co to ask when we may expect news or an update on the strategic review, in Aug 17 we were told that the BoD was 'awaiting outcome of arbitration {favourable announcement 2 months ago}before completing it....'

ATB

[eezymunny] 09/1/2018 14:01

IF that's correct there's plenty of cash on a big balance sheet

quotes.wsj.com/TW/XTAI/3576/financials/annual/balance-sheet

8Bn Taiwan dollars is c. £200m

That b/s out of date of course but this settlement looks fairly small in the big picture...

[extrader] 09/1/2018 14:00

Hi spob,

Thanks for that. Wikipedia says :

....On October 17, 2017, it was reported that NSP signed a letter of intent to merge with solar cell producers Gintech Energy Corp (昱晶3021;源) and Solartech Energy Corp (昇陽0809;電) in order to improve global competitiveness. The merger is to be executed via share swaps in the third quarter of 2018, creating a new company called United Renewable Energy Corporation (聯合0877;生能;源股0221;有限;公司). The company would be the second-largest solar company in the world in terms of installed capacity.

NSP may have other things on its mind than PVCS...quesion is what (timely) enforcement rights do PVCS have ?

ATB

[spob] 09/1/2018 13:56

Neo Solar Power, also known as NSP

to become ... United Renewable Energy Corporation




On October 17, 2017, it was reported that NSP signed a letter of intent to merge with solar cell producers Gintech Energy Corp (昱晶3021;源) and Solartech Energy Corp (昇陽0809;電) in order to improve global competitiveness. The merger is to be executed via share swaps in the third quarter of 2018, creating a new company called United Renewable Energy Corporation (聯合0877;生能;源股0221;有限;公司).[5][6] The company would be the second-largest solar company in the world in terms of installed capacity.[5]

[spob] 09/1/2018 13:39

Church House Deep Value Investments - December Factsheet





Monthly Commentary

November proved to be a disappointing month for Deep Value Investments, the Fund settled 2.2% lower on the month.

The main culprit for this was the fall in the share price of PV Crystalox Solar. The share price came off, while the Company announced during the month that it had won the arbitration case and should now receive €34m as a result of this pronouncement, which is almost equal to its market capitalisation. A possible reason for the fall in the share price is that there might be scepticism that the client will actually pay and that PV Crystalox Solar will have to pursue their claim through the courts. Neo Solar Power (i.e. the client) is solvent, quoted in Taiwan and is currently engaged in a three way merger deal to create one of the world’s largest manufacturers of solar panels. This being the case, we continue to be hopeful that the client will settle. On receipt of this payment, we expect the PV Crystalox Solar shares to appreciate by over 50%.

[zcaprd7] 09/1/2018 11:02

What's the delay then, are they waiting for the cash to actually arrive, before concluding the strategic review?

[zcaprd7] 28/12/2017 12:05

Topped up here, can't go on forever...

[muffster] 14/12/2017 13:59

Yep, just illiquid. News soon

[kirk 6] 14/12/2017 13:13

Are these not worth about 33p

[zcaprd7] 14/12/2017 10:59

People getting bored and selling out? Where's the conclusion of the strategic review?