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Mining Disputes

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Recent articles

  NAFTA News: Pulp company says it has put Canada on notice of claim, as redacted award from earlier case is released
  Mining company surprises analysts by deriving $1.25 Billion US out of written-off assets (and arbitrations) in Democratic Republic of Congo
  Tribunal selected to hear UNCITRAL treaty claim arising out of Central Asian mining dispute
  Investors in Nova Scotia quarry lay out legal arguments in NAFTA claim against Canada
  Venezuela claims round-up: three tribunals named, two new arbitrations filed by victims of nationalizations, and one investor looks for funding
  Canada prevails in NAFTA arbitration over thwarted garbage disposal project; costs ruling obliges government to shoulder its defence costs
  ICSID panelists named in annulment cases involving El Salvador and Egypt, and in arbitration arising out of Niger airport services dispute
  ICSID annulment proceeding is discontinued in Jordan construction case, as third-party funding is again flagged
  Facts and legal arguments come to light in threatened NAFTA claim over land-use dispute with Canada
  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
  New Government in Peru confronts recent arbitration loss, and new claims by foreign investors in electricity transmission, construction, and port sectors
  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
  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
  Mining arbitration between foreign investor and government takes an unusual turn, as a defence counsel steps into role of witness
  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
  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
  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
  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
  Arbitrators rule that Mongolian windfall tax does not breach investment treaty protections owed to Russian gold mining investors
  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
  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
  Mining company’s arbitration against Kazakhstan under foreign investment statute is dismissed due to time-bar
  ICSID tribunals convened in Congo mining dispute, Serbian casino case, Tanzanian power plant dispute, and rematch between Sempra and Argentina
  Tribunal rules that mining company failed to waive local court proceedings, thus precluding CAFTA arbitration against El Salvador; hearings in a parallel case to air jurisdictional arguments next week
  U.S. Court opens door to discovery of Laos government assets as enforcement of arbitral award is pursued
  Documents of interest
  Canadian mining investor makes good on earlier-threatened arbitration against Mongolia
  Investors in mining project put Slovakia on notice of treaty claim; claimant hope to use treaty that was subject to narrow reading in prior arbitration
  New ICSID Claims registered against Venezuela, Zimbabwe, and Turkmenistan
  Arbitrators decide to hear Canada’s objections to NAFTA garbage disposal investment dispute as a preliminary matter
 
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