MTN
MTN FILE A MOTION TO DISMISS TURKCELL'S US CLAIM
MTN Group Limited
(Incorporated in the Republic of South Africa)
Registration Number 1994/009584/06
Share code: MTN
ISIN: ZAE000042164
("MTN Group")
MTN FILE A MOTION TO DISMISS TURKCELLS US CLAIM
On 2 July 2012, MTN Group Limited (MTN) filed a motion to dismiss the case filed against
it by the Turkish mobile phone operator Turkcell Iletisim AS (Turkcell) in a US federal
court.
Turkcell's claim against MTN in the US is the latest of four legal claims Turkcell has
launched (the two which have been decided so far both being unsuccessful) after it failed
to secure the second GSM licence in Iran in 2005.
As stated in MTNs motion to dismiss, MTN contends that Turkcell's US claim is a legally
insufficient restatement of a case that Turkcell has already tried and lost.
MTN's motion seeks the dismissal of Turkcell's US claim on the grounds that there is no
proper basis for such a claim to be brought for three principal reasons.
First, the US court does not have jurisdiction over the subject matter of Turkcells claim,
because Turkcell has not alleged a violation of the law of nations as required under US
law for the sort of claim Turkcell is seeking to bring in the US.
Secondly, because Turkcell's arbitration against its former Iranian joint venture partner
was recently dismissed by a Paris-based arbitral tribunal, Turkcell's US claim should be
dismissed as already having been decided against Turkcell. The award precludes the
claim now brought by Turkcell against MTN in the US courts for the alleged loss of the
licence.
Thirdly, the US court lacks personal jurisdiction over MTN and its subsidiary, MTN
International (Mauritius) Ltd (MTN International), which is also named in the US action.
MTN and MTN International both lack sufficient contact with the United States to be
subject to the jurisdiction of the US court.
Turkcell is to respond to MTNs motion to dismiss by 1 August 2012 and MTN will reply to
the Turkcell response by 15 August 2012. The courts decision is expected later this
year.
As previously stated and for the reasons set out in the motion to dismiss, MTN believes
that there is no legal merit to Turkcells US claim and no basis for such a claim to be
brought in the US court, and MTN therefore remains confident that the claim will be
dismissed.
Fairland
3 July 2012
Sponsor
Deutsche Securities (SA) (Proprietary) Limited
Date: 03/07/2012 12:02:00 Produced by the JSE SENS Department. The SENS service is an information dissemination service administered by the JSE Limited ('JSE').
The JSE does not, whether expressly, tacitly or implicitly, represent, warrant or in any way guarantee the truth, accuracy or completeness of
the information published on SENS. The JSE, their officers, employees and agents accept no liability for (or in respect of) any direct,
indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of SENS or the use of, or reliance on,
information disseminated through SENS. |