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, Mining, Oil & Gas, Public International Law, State Contracts, Stabilization Clauses and Disputes, Structuring Investments

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 Americas, Arbitration Proceedings, Award, Business & Human Rights, ISDS, Mining