Fri, Jan 09, 2009
The Toquepala copper mine in southern Peru is one of the properties that Tucson-based Asarco and Americas Mining Corp. have been fighting over.
Courtesy Southern Copper Corp.

Business

Judge orders Asarco to mediate with Grupo Mexico representatives

By Gabriela Rico
Arizona Daily Star
Tucson, Arizona | Published: 10.13.2008
Tucson-based copper producer Asarco LLC and a subsidiary of its former parent company have been ordered into mediation by a federal judge.
U.S. District Judge Andrew S. Hanen — after ruling that Americas Mining Corp. conducted a fraudulent transfer of Asarco's stake in Peruvian mining operations — has appointed another judge to mediate a settlement between the parties and come up with a reasonable dollar amount.
Attorneys for Asarco asked Hanen for an award equivalent to $10.2 billion in money and stock.
AMC and its parent company, Grupo Mexico, say Asarco should not get any stock returned.
In a ruling filed Friday, Hanen appointed U.S. Bankruptcy Judge Marvin Isgur to be the mediator. A mediation hearing has been set for Oct. 30.
Asarco sued AMC in February 2007, alleging fraudulent transfer of the operations in Peru.
In May of this year, Hanen presided over a four-week trial in Brownsville, Texas, and issued his verdict on Aug. 30, ruling the transfer was fraudulent and had left Asarco without sufficient operating cash and struggling to survive.
Grupo Mexico is still trying to regain control of Asarco as it prepares to emerge from bankruptcy, which would end this litigation.
Asarco ranked 20th in this year's Star 200 survey of Southern Arizona's biggest employers, with 2,185 full-time-equivalent positions. It operates three copper mines and a smelter in Southern Arizona.
● Contact Gabriela Rico at 573-4232 or grico@azstarnet.com.