Mining Disputes
Recent articles
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 government (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
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