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Mining Disputes

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Recent articles

  Pacific Rim mining company argues that El Salvador’s investment statute should be read in light of international jurisprudence
May 15, 2013
  Dismantling of Southern African Development Community Tribunal spawns UNCITRAL arbitration claim for denial of justice
May 7, 2013
  In final UNCITRAL award, door left open for Greek company to bring another BIT claim against Serbia
Apr 26, 2013
  India BIT claims round-up: As arbitrators are chosen in two cases, IAReporter investigates other claims, including by Russian Federation and Vodaphone
Apr 16, 2013
  Tribunals named in three bank nationalization claims vs. Kyrgyz Republic; separate mining arbitration sheds light on Oxus settlement
Apr 16, 2013
  In newly-released report, tribunal-appointed expert urged lifting of attorney-client privilege on documents at center of NAFTA denial of benefits battle
Apr 16, 2013
  Investor agrees to settle NAFTA claim against Canada; effort to build controversial quarry comes to an end as Province agrees to pay out 2/3rd of sums invested
Mar 12, 2013
  Arbitrators deny Indonesia’s requests for restraints to be placed on investor’s public comments and “lobbying” efforts
Mar 12, 2013
  ICSID Tribunal declines request by local government to be added as a party to Churchill Mining v. Indonesia arbitration
Feb 7, 2013
  Improper transfer of mining project shares to a new investor means that Venezuela acted lawfully when it took back assets
Jan 18, 2013
  Venezuela prevails in ICSID arbitration filed by Canadian investor alleging billion dollar loss on gold venture
Jan 17, 2013
  Major new wrinkle in long-running enforcement battle as award against Laos is reportedly vacated in Malaysian Court
Jan 9, 2013
  Tribunal is put in place to hear expropriation claim lodged by Canadian gold miner Rusoro against Venezuela
Jan 9, 2013
  Australian investor in troubled Indonesia mining project files its own claim at ICSID; parties to parallel claim agree to some transparency
Jan 2, 2013
  Arbitrators in mining dispute don’t see necessity to order Pakistan to refrain from conduct that it says it won’t pursue anyway
Dec 21, 2012
  Oxus says that UNCITRAL tribunal has recognized its standing to arbitrate with Uzbekistan
Nov 14, 2012
  Arbitrators in Bolivian mining dispute uphold jurisdiction after examining allegations of fraud, evidence fabrication and violations of local law
Oct 12, 2012
  ICSID Annulment Committee weighs in with a ruling on Security for Costs in El Salvador mining case
Sep 22, 2012
  ICSID Claim against El Salvador is revived after claimants pursue third-party funding
Aug 1, 2012
  ICSID tribunals composed in cases against Pakistan, Costa Rica, and Venezuela; Pakistan swiftly moves to challenge claimant’s nominated arbitrator
Jul 26, 2012
  Canadian deep-sea miner announces sole-arbitrator is hearing contractual arbitration with Papua New Guinea
Jul 19, 2012
  Creditors of distressed mining company fail in bid to block third-party financing of ICSID arbitration against Venezuela
Jul 9, 2012
  British miner fights Indonesia at ICSID, while arbitrating with erstwhile local partners in separate ICC arbitration
Jun 26, 2012
  ANALYSIS: ICSID Tribunal examines and rejects all Salvadoran objections to hearing Pac Rim claims under domestic investment statute
Jun 5, 2012
  ANALYSIS: Arbitrators reject El Salvador’s contention that Pac Rim’s 2007 change of nationality was an ‘abuse of process’
Jun 4, 2012
  ANALYSIS: In first test of CAFTA ‘denial of benefits’ clause, arbitrators rule that U.S. ‘shell’ company not owed CAFTA protections for investments in El Salvador
Jun 4, 2012
  Arbitrators dismiss mining company’s CAFTA claims against El Salvador, but will hear claims under domestic investment statute
Jun 3, 2012
  ICSID Tribunals constituted in Garanti Koza v. Turkmenistan, Tamimi v. Oman, and Gambrinus v. Venezuela
Apr 30, 2012
  Investor turns to courts in attempt to challenge a denial of benefits determination in NAFTA dispute
Apr 10, 2012
  ANALYSIS: White v India award engages with definition of investment and state’s obligation to “promote”
Mar 4, 2012
  ANALYSIS: Arbitrators touch on simmering debate as to relevance of a state’s development-status when assessing claims for treaty breach
Mar 4, 2012
  ANALYSIS: Tribunal’s reading of "effective means" obligation may ensnare states that otherwise pass treaty muster
Mar 4, 2012
  Miner secures funding for expropriation claim against Uzbekistan; at least three types of funding seen in cases to date
Mar 4, 2012
  Copper miner files its statement of claim in previously-unannounced ad-hoc arbitration against Ecuador
Mar 1, 2012
  India is held liable for investment treaty breach due to protracted judicial delays suffered by foreign investor
Feb 7, 2012
  NAFTA News: Pulp company says it has put Canada on notice of claim, as redacted award from earlier case is released
Jan 31, 2012
  Mining company surprises analysts by deriving $1.25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo
Jan 13, 2012
  Tribunal selected to hear UNCITRAL treaty claim arising out of Central Asian (Uzbekistan) mining dispute
Jan 13, 2012
  Investors in Nova Scotia quarry lay out legal arguments in NAFTA claim against Canada
Nov 22, 2011
  Venezuela claims round-up: three tribunals named, two new arbitrations filed by victims of nationalizations, and one investor looks for funding
Oct 12, 2011
  Canada prevails in NAFTA arbitration over thwarted garbage disposal project; costs ruling obliges government to shoulder its defence costs
Sep 27, 2011
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
Aug 19, 2011
  ICSID annulment proceeding is discontinued in Jordan construction case, as third-party funding is again flagged
Aug 19, 2011
  Facts and legal arguments come to light in threatened NAFTA claim over land-use (quarry) dispute with Canada
Aug 15, 2011
  Venezuela prevails as claim for nationalization of telecoms investment is dismissed on jurisdictional grounds; six foreign investor claims against Venezuela registered in 2011 at ICSID
Aug 4, 2011
  New Government in Peru confronts recent arbitration loss, and new claims by foreign investors in electricity transmission, construction, and port sectors
Aug 4, 2011
  Australian miner quietly pursuing arbitration under one of Australia’s investment treaties; first such known case had been overlooked amidst Australia’s own legal and policy upheaval
Jul 7, 2011
  India sued by foreign investor for investment treaty breach; complaint stems from willingness of Indian courts to consider set-aside of an earlier commercial arbitration ruling
Jul 7, 2011
  Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness
Jun 30, 2011
  Presiding arbitrator is designated in gold and diamond mining dispute after parties fail to agree on candidate; underlying investment treaty was terminated several years ago, but claimants invoke its protections
Jun 30, 2011
  Co-arbitrators in mining dispute rule that ICSID acted within its authority when it nominated an arbitrator after Gambia failed to do so within prescribed time limit
May 20, 2011
  As Peruvian citizens sue U.S. mining investors for environmental harms, mining company makes good on threat of treaty arbitration in effort to indemnify against potential losses
May 17, 2011
  ANALYSIS: Renco’s treaty claims against Peru include indemnification and non-monetary relief requests that echo Chevron v Ecuador case; claim also has contentious jurisdictional and political angles
May 17, 2011
  Arbitrators rule that Mongolian windfall tax does not breach investment treaty protections owed to Russian gold mining investors
May 3, 2011
  ANALYSIS: In Mongolia mining arbitration, local hiring law does not breach treaty; certain actions of central bank are attributable to state, and lead to one treaty breach of Russian treaty
May 3, 2011
  ANALYSIS: Arbitrators wrestle with questions of their jurisdiction over events occurring before treaty’s entry into force; counter-claims by Mongolia also raised in mining dispute
May 3, 2011
  Mining company’s arbitration against Kazakhstan under foreign investment statute is dismissed due to time-bar
May 3, 2011
  ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina
May 3, 2011
  Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case loom
Mar 15, 2011
  U.S. Court opens door to discovery of Laos government assets as enforcement of arbitral award is pursued
Mar 6, 2011
 
more articles >>
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