A mining make-over in progress?

In his recent keynote address to the platinum group metals industry, Minister of Mineral Resources and Energy, Gwede Mantashe (the Minister) indicated that South Africa aims to increase the country’s share of global exploration expenditure to at least three per cent in the next five years. Read more

What commodities are showing more resilience from COVID-19 and why?

Olivier Binyingo, a director in the Johannesburg office of Herbert Smith Freehills South Africa LLP who has built particular experience in the Democratic Republic of Congo, will participate in a DRC Mining Week webinar on Thursday 18 June, 11:00 GMT which will address questions such as: Will the permanency of these declines be tied to … Read more

COVID-19 and the impact on competition law – mining

This article was originally posted to Competition Notes on April 6 2020. The rapid spread of COVID-19 across the world, and notably Europe, in recent weeks is placing increasing strain on our economies, in addition to the tragic human impact. Several implications for competition law have already emerged. In the update below, we summarise (non-exhaustively) … Read more

COVID-19 – Plan now to manage environmental compliance during the crisis (EP&C repost)

Australian companies should plan now to ensure environmental compliance as the COVID-19 pandemic unfolds. This is particularly the case for licensed facilities and businesses with the potential for material environmental impacts or other obligations in respect of emission, discharges and waste management. Please click here to view the post on ENVIRONMENT, PLANNING & COMMUNITIES NOTES Read more

UNCITRAL Transparency Rules applied for the first time in investor-State arbitration

In September 2014, BSG Resources Limited initiated an international arbitration proceeding against the Republic of Guinea arising out of an alleged expropriation of its investment in the mining sector in the country.   The multinational mining company started its operations in Guinea in 2006 and in 2013 it was granted mining licenses to explore and … Read more

Transparency reporting – Canadian Act now in force (following UK and Norwegian legislation last year), further EU implementation and US still to come

Last week, the Canadian federal government brought new legislation into force, which establishes reporting requirements of payments made to governments by mining (and other extractive) companies.  The Extractive Sector Transparency Measures Act applies to Canadian listed companies, as well as those companies above certain monetary / employee thresholds with assets or business located in Canada, … Read more

Enforcement of ICSID award

Gold Reserve v Venezuela and the enforcement of ICSID awards In recent years, Latin American states have increasingly resisted The International Centre for Settlement of Investment Disputes (ICSID) state-investor dispute mechanism, which they claim favours investors. One of the key criticisms leveled against ICSID arbitration is the lack of an appeals process and limited annulment … Read more