Tag Archives: Mining

Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections

The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-)emerging. In this context it is important for companies associated with … Continue reading

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Filed under Africa, Investment Arbitration, ISDS, Public International Law

Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license

In an award dated 30 November 2017 (the “Award“), an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining (the “Claimant“) following its finding that a 2011 decree (“Decree 032“) constituted an unlawful indirect expropriation … Continue reading

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Filed under Awards, Damages, International Human Rights, Investment Arbitration, ISDS, The Americas

Herbert Smith Freehills hosts seminar with Chief Justice Wayne Martin AC QC on whether Perth can become a hub for energy and resources arbitration

On 5 February 2015, Herbert Smith Freehills’ Perth office hosted a seminar that examined the potential for Perth to build on its reputation as a key player in the mining sector and become a hub for international energy and resources … Continue reading

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Filed under ADR, Asia, Australia, Institutions, News

The Perth Centre for Energy & Resources Arbitration (PCERA) – a new arbitration centre in Perth, Western Australia

On 11 November 2014, the Perth Centre for Energy & Resources Arbitration (PCERA) was formally launched. PCERA is a newly established arbitration centre, located in Perth, Western Australia. Its stated aim is to ‘act as an efficient, neutral and transparent … Continue reading

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Filed under Australia, Institutions

English Commercial Court rejects application by U&M Mining Zambia Ltd for security for sums due under award pending challenge

In Konkola Copper Mines Plc v U&M Mining Zambia Ltd [2014] EWHC 2146 (Comm), the English Commercial Court considered two related applications on behalf of U&M Mining Zambia Ltd (U&M) for security for costs and a payment into court, under … Continue reading

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Filed under Challenges to awards, Enforcement, Enforcement - Europe, Europe

Rise in arbitration in the extractive industries

According to a recent report from think-tank Chatham House, arbitration cases have increased nearly fourfold between 2001 and 2010 in the mining sector, reflecting tensions among stakeholders which escalated with the commodity price boom. The rise in commodity prices increased … Continue reading

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Filed under International Human Rights, Investment Arbitration, Public International Law

Arbitration in Africa: Recent developments

The Court of Appeal of the Lagos Judicial Division recently issued a pro-arbitration decision holding that courts may only intervene in arbitral proceedings where specifically permitted by Nigeria’s arbitration law and set aside an injunction obtained ex parte by Nigeria’s … Continue reading

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Filed under Africa, Arbitration laws, Enforcement, New York Convention