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Filtered : Mining Disputes

• Three are in place to hear third ICSID arbitration between gold/diamond miner and Venezuela

  Apr 18, 2024

• Inter-American Court of Human Rights finds Peru liable for pollution caused by metallurgical plant that gave rise to several investor-state arbitrations

  Apr 11, 2024

• Uranium miner to lodge ECT claim against Spain

  Apr 10, 2024

• West Africa Round-Up: Tribunals in place for tax dispute with Ghana, enforcement measures taken against Gabon and the Republic of Congo, and developments in cases involving the Central African Republic and the Democratic Republic of Congo

  Apr 03, 2024

• UNCITRAL tribunal rules on transparency regime for mining arbitration against Australia

  Mar 27, 2024

• Revealed: Three are in place to hear ICC arbitration stemming from cancellation of Cobre Panamá mining concession

  Mar 25, 2024

• [Updated] Orla Mining submits notice of dispute to Panama

  Mar 20, 2024

• Analysis: Tribunal in Red Eagle v. Colombia splits on whether minimum standard of treaty protects legitimate expectations; majority rules that Colombia did not breach FTA when banning high-altitude mining

  Mar 12, 2024

• Mining dispute between Chilean state-owned company and Chilean-Belarusian consortium pending before sole arbitrator

  Mar 11, 2024

• [Updated] Tribunal majority dismisses billion-dollar claim against Romania in controversial gold mining dispute

  Mar 08, 2024

• [Updated with Award] Tribunal majority rejects claims on the merits in mining dispute with Colombia over environmental measures

  Feb 29, 2024

• NAFTA tribunal grants request by local indigenous representative to make amicus submission, but declines to repeat non-aggravation order in light of recent conduct by Mexico

  Feb 28, 2024

• US court finds that Zimbabwe’s Mining Development Corporation is an alter ego of the state, allowing enforcement to proceed

  Feb 12, 2024

• Analysis: In now-public decision, ICSID ad hoc committee rejected bid to annul award that dismissed first Highbury v. Venezuela arbitration for lack of proof of ownership over investment

  Feb 08, 2024

• Analysis: In first Highbury v. Venezuela award, ICSID tribunal declined jurisdiction over multi-million-dollar mining claim, as claimants failed to demonstrate ownership over disputed concessions

  Feb 08, 2024

• In unprecedented ruling, ICSID ad hoc committee hearing mining dispute with Tanzania dismisses most grounds for annulment for being manifestly without legal merit

  Feb 06, 2024

• Gold miner reportedly threatens to lodge arbitration proceedings against Panama

  Feb 06, 2024

• Arbitrations against Belize, Papua New Guinea, and Slovenia are discontinued

  Feb 06, 2024

• Resubmission tribunal is in place to hear gold mining dispute with Kazakhstan

  Feb 05, 2024

• UNCITRAL tribunal hearing mining case against Australia fixes arbitration seat and rejects request for provisional measures

  Jan 31, 2024

• BIT tribunal dismisses Republic of Congo’s counterclaims, on jurisdictional grounds

  Jan 30, 2024

• [Updated] Mozambique sees new treaty claim after investor sells BIT rights to asset recovery firm

  Jan 30, 2024

• Treaty-based mining arbitration against Armenia surfaces, with tribunal already in place

  Jan 29, 2024

• Three are named to hear banking dispute under DRC’s foreign investment law

  Jan 29, 2024

• Tribunal majority orders claimant to provide security for costs in rare earth minerals arbitration against Greenland and Denmark; dissenter fails to see any exceptional circumstances warranting the measure

  Jan 18, 2024

• [Updated] Analysis: ICSID tribunal grants provisional measures in multi-faceted dispute between Democratic Republic of Congo and Australian miner

  Jan 18, 2024

• ICSID tribunal is constituted to hear NAFTA legacy mining arbitration against Mexico

  Jan 08, 2024

• Tanzania provides undertaking to pay entire award and abide by annulment committee’s decision to continue stay of enforcement of mining award

  Dec 27, 2023

• Inter-American Court of Human Rights condemns Guatemala for failure to properly consult indigenous population in relation to mining project

  Dec 27, 2023

• Additional arbitration threats prompted by Panama’s recent mining measures come to light

  Dec 20, 2023

• Arbitrators are selected to hear ICC arbitration between Australian miner and DRC’s state-owned mining outfit

  Dec 18, 2023

• Westwater announces settlement of ICSID dispute with Türkiye

  Dec 15, 2023

• Canadian gold and silver miners submit CPTPP request for consultations to Mexico

  Dec 14, 2023

• Canadian-owned miner lodges ICC arbitration against Panama under recently invalidated concession agreement

  Dec 04, 2023

• Chinese lithium miner contemplates lodging arbitration against Mexico

  Dec 01, 2023

• Canadian miner submits treaty-based notice of intent to Burkina Faso

  Nov 30, 2023

• [Updated] Panama’s Supreme Court of Justice annuls multi-billion-dollar copper mining concession, paving the way for high-stakes treaty arbitration

  Nov 28, 2023

• [Updated] Canadian investors submit notices of intent to Panama over contentious copper mine

  Nov 27, 2023

• Colombia on notice of dispute over alleged failure to protect Chinese gold miner from illegal activities

  Nov 24, 2023

• Analysis: In Glencore v. Bolivia, UNCITRAL tribunal dismisses illegality and abuse of process objections, declines to apply active act of investing requirement, and awards 253 million USD on account of unlawful expropriation of mining assets

  Nov 22, 2023

• Analysis: In duo of orders, ICC emergency arbitrator enjoins Congo’s state-owned mining company from proceeding with termination of lithium joint-venture

  Nov 20, 2023

• Lithium miners reportedly put Ethiopia on notice of treaty dispute

  Nov 17, 2023

• Glencore lodges fourth ICSID claim against Colombia

  Nov 17, 2023

• Lithium miner submits treaty-based notice of intent to Mexico

  Nov 17, 2023

• UNCITRAL award against Bolivia surfaces, shedding light on reasoning behind 253 million USD ruling in favour of Glencore; tribunal issues decision on interpretation and correction

  Nov 16, 2023

• Panama Round-Up: An update on looming arbitrations and pending cases

  Nov 16, 2023

• Arbitrators are revealed in NAFTA legacy mining arbitration against Mexico

  Nov 14, 2023

• Analysis: ICSID ad hoc committee hearing Tanzania’s bid to overturn mining award conditions stay of enforcement on state’s undertaking to pay monies owed if annulment application is successful; lifting of stay is also subject to conditions

  Nov 13, 2023

• Mining company owned by billionaire Clive Palmer submits SAFTA notice of intent to Australia, raising spectre of third treaty arbitration between the parties; document sheds light on pending arbitration over coal mine project

  Nov 07, 2023

• Analysis: ICSID tribunal refuses to revoke provisional measures due to overlap with second NAFTA legacy claim

  Nov 07, 2023

• [Updated with Decision] ICSID ad hoc committee in Nachingwea v. Tanzania issues decision on stay of enforcement of 100+ million USD award; outcome is reportedly conditional upon submission of written undertakings by the parties

  Nov 06, 2023

• Bolivia claims victory in mining arbitration

  Nov 03, 2023

• Charles Poncet survives disqualification request from Australia in treaty case

  Nov 03, 2023

• Greenland and Denmark appoint replacement arbitrator in high-stakes uranium mining ban dispute

  Nov 02, 2023

• Zenith announces initiation of ICC arbitration, following its recent ICSID claim against Tunisia

  Nov 01, 2023

• Australian miner files second emergency arbitration in relation to lithium project in the DRC

  Oct 30, 2023

• [Updated] France’s highest administrative court confirms that Russian-backed company lost rights over mining project; related BIT arbitration is suspended

  Oct 23, 2023

• Uncovered: In Kornikom v. Serbia, Hanotiau-led tribunal finds that state agency validly terminated privatization agreement for underwater coal mine, seeing no expropriation

  Oct 18, 2023

• Gold miner lodges resubmission proceedings in ICSID dispute with Kazakhstan, shedding light on unpublished annulment decision

  Oct 17, 2023

• [Updated] Canadian miner discloses completion of 30 million USD settlement with Tanzania in relation to ICSID dispute

  Oct 16, 2023

• [Updated] Glencore files for US enforcement of 254 million USD award against Bolivia

  Oct 13, 2023

• Jan Paulsson is tapped to chair FIL-based arbitration in multi-layered mining dispute with the DRC

  Sep 28, 2023

• Treaty-based privatization dispute with Serbia concludes in favor of the state

  Sep 21, 2023

• In the wake of ICSID loss against UK miner, Tanzania agrees to engage in settlement negotiations with respect to another mining arbitration

  Sep 19, 2023

• Glencore is awarded 254 million USD in UNCITRAL treaty arbitration against Bolivia

  Sep 09, 2023

• Tribunals are revealed for billion-dollar mining arbitrations against Australia

  Sep 08, 2023

• ICSID arbitration against Zambia is discontinued, in light of broader settlement of multi-prong dispute between Canadian miner and the state

  Sep 08, 2023

• Eduardo Zuleta is tapped to chair NAFTA legacy arbitration against Mexico

  Sep 07, 2023

• ICSID mining case against Colombia is suspended for lack of funding; claimant is contesting counsel’s legal fees

  Sep 04, 2023

• Sabina Sacco is tapped to chair third ICSID arbitration between Glencore and Colombia

  Aug 29, 2023

• Analysis: Tribunal in ICSID case against Tanzania sees no requirement that the investment must have been actively made, and finds that the state unlawfully expropriated retention licences held by foreign investors

  Aug 14, 2023

• UK company submits notice of dispute to Sri Lanka over cancellation of mining licences

  Aug 02, 2023

• ICSID tribunal dismisses claimant’s request for rectification of uranium mining award

  Jul 31, 2023

• Gold and diamond mining investors bring third ICSID claim against Venezuela

  Jul 22, 2023

• [Updated with a copy of the Award] Indiana Resources claims victory in Retention License dispute with Tanzania

  Jul 18, 2023

• Clive Palmer-owned company files second treaty claim against Australia, this time over coal mining project

  Jul 11, 2023

• ICSID tribunal hearing high-stakes gold mining dispute with Romania rejects late-stage amicus application by NGOs

  Jul 10, 2023

• Analysis: Tribunal hearing bitterly-fought Ipek v. Turkey dispute examines if contractual rights qualify as BIT-protected investments, and ultimately dismisses the case based on an abuse of process; previously unseen procedural decisions come to light

  Jul 06, 2023

• [Updated] Canadian miner makes good on earlier threat to file NAFTA legacy claim against Mexico

  Jun 29, 2023

• Suspension is lifted in Ecuador’s first ICSID case following the state’s re-accession to the Convention; tribunal is constituted

  Jun 23, 2023

• Canadian copper miner puts Mongolia on notice of dispute

  Jun 13, 2023

• UK High Court declines to set aside award adverse to Djibouti’s state-owned port company, finding that sole arbitrator could validly rule on consequences of transfer of stake in joint-venture to the state

  May 22, 2023

• Simandou iron ore mining saga comes to an end at ICSID, as BSG Resources fails to make payments to support its bid for annulment of award that dismissed the case based on findings of corruption and influence peddling

  May 22, 2023

• ICSID tribunal hearing uranium mining dispute dismisses Kyrgyzstan’s request for bifurcation of quantum issues

  May 19, 2023

• DRC’s state-owned mining company lodges arbitration claim against Australian miner over lithium venture

  May 15, 2023

• [Updated] Canada is involved in another NAFTA arbitration with Westmoreland Coal; UNCITRAL tribunal is already in place, with Gabrielle Kaufmann-Kohler sitting as chair

  May 09, 2023

• Australian miner claims that it obtained favourable ICC emergency award in dispute with Democratic Republic of Congo’s state-owned mining company

  May 08, 2023

• Looking Back: Banro v. DRC tribunal declined jurisdiction over contract-based claims that originated from Canadian entity, at a time when Canada was not a party to the ICSID Convention

  Apr 27, 2023

• US company files for rectification of ICSID award in mining dispute with Turkey

  Apr 19, 2023

• PCA abstains from acting as appointing authority in gold mining dispute, given lack of agreement between the parties

  Apr 06, 2023

• [Updated] Clive Palmer-owned company initiates long-foreshadowed treaty arbitration against Australia, asking for 200 billion USD in compensation

  Mar 30, 2023

• [Updated with Award] Analysis: Westwater v. Turkey tribunal decides that cancellation of uranium licenses breached the Turkey-USA BIT, but only awards 1.3 million USD in sunk costs, plus interest and legal fees; lost profits claim is rejected based on lack of causation

  Mar 14, 2023

• In non-disputing party submission, USA contends that arbitral practice regarding “autonomous” FET standard is irrelevant when interpreting US-Peru FTA

  Mar 07, 2023

• [Updated] ICSID tribunal hearing uranium mining claim against Turkey finds treaty breach, but awards only a fraction of damages sought

  Mar 06, 2023

• Canadian company puts Mexico on notice of NAFTA legacy dispute over mine blockade

  Mar 03, 2023

• Paris Court of Appeal sets aside treaty award that declined jurisdiction over beneficiaries of trust

  Feb 28, 2023

• Analysis: Tribunal majority finds that China’s investment treaty with Singapore limits investment arbitration to disputes over the amount of compensation for expropriation; dissenter considers that BIT was not properly interpreted

  Feb 27, 2023

• AsiaPhos v. China tribunal issues its award, with a tribunal majority seeing no scope to rule on existence of expropriation under arbitration clause limited to disputes involving the amount of compensation for expropriation

  Feb 24, 2023

• ICSID tribunal hearing Tanzanian gold mining dispute declines to order state to honour advance on costs obligation

  Feb 15, 2023

• Gold mining company lodges long-foreshadowed arbitration claim against Ghana

  Feb 07, 2023