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Vale (NYSE:VALE) lost a bid to block BHP’s (NYSE:BHP) attempt to have it share potential liability in a £36B (~$46B) U.K. lawsuit over the 2015 collapse of Brazil’s Fundao Dam, which was owned and operated by the Samarco joint venture between the two mining companies, Reuters reported Monday.
The disaster killed 19 people as more than 40M cm of mud and toxic mining waste swept into the Doce river, obliterating villages along the way.
BHP (BHP), which denies liability, applied in December to have Vale (VALE) join the case and contribute to damages if they are found liable to the claimants, since BHP and Vale both owned 50% of the Samarco JV.
Vale (VALE) challenged the jurisdiction of London’s High Court to hear BHP’s (BHP) claim, arguing that any dispute between the two companies should be heard in Brazil.
The judge rejected Vale’s (VALE) challenge on Monday, saying BHP’s (BHP) claim against Vale essentially mirrored the claimants’ case against BHP, meaning it should be decided as part of the existing lawsuit.
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