Arbitration of International Mining Disputes

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Arbitration of International Mining Disputes

Law and Practice

Henry G. Burnett and Louis-Alexis Bret

Oxford International Arbitration Series

The first major work to focus on arbitration in the mining sector
Written by authoritative authors with a wealth of practical experience in mining arbitration
Comprehensively reviews of all recent arbitral cases that concern mining disputes
Provides practical advice for parties and counsel involved in mining disputes, including analysis of the conditions and strategies for the settlement of such disputes.

Arbitration of International Mining Disputes

Law and Practice

Henry G. Burnett and Louis-Alexis Bret

Oxford International Arbitration Series

Description

International mining disputes represent a significant and growing area of disputes over natural resources, yet the unique risks inherent in the mining industry set them apart, both in the nature of the disputes and the approach taken to resolve them. International arbitration has emerged as the mechanism of choice for the resolution of such disputes. This has given rise to a wealth of arbitral decisions from which certain principles specific to the mining sector are developing.

This book is the first of its kind to bring together thorough analysis of arbitral decisions and insightful commentary on both dispute resolution and the business of mining, in order to provide a comprehensive guide to arbitration in the mining sector. Part I introduces the different parties involved in international mining projects; Part II explains the main risks and challenges involved in mining projects and how they result in different types of disputes; Part III provides practical advice for parties and counsel involved in international mining disputes, including in-depth analysis of the confidentiality issues that so often arise in connection with international mining disputes and the conditions and strategies for the settlement of these disputes; and Part IV examines the substantive principles applicable to international commercial and investor-State mining disputes.

Arbitration of International Mining Disputes

Law and Practice

Henry G. Burnett and Louis-Alexis Bret

Oxford International Arbitration Series

Table of Contents

Part I: Host States, Mining Companies, and Mining Projects
1. Host States
2. Mining Companies
3. Other Actors in the Mining Industry
4. Typology of Mining Projects
Part II: Key Risks and Disputes Associated with International Mining Projects
5. Political Risk and Resource Nationalism
6. Exploration Agreements and Exploration Disputes
7. Mineral Rights Transfers and Joint-Ventures Disputes
8. Financing Disputes
9. Mining Development, Operating, and Commercial Disputes
10. Environmental and Social Disputes
11. The Impact of Anti-Corruption Legislation and Trade Sanctions
Part III: Practice and Procedure
12. Advantages of Arbitration for International Mining Disputes
13. Selection of Arbitrators and Counsel: Towards a "Mining Arbitration Bar"
14. Advocacy in International Mining Disputes
15. Preserving Confidentiality in International Mining Disputes
16. The Amicable Resolution of International Mining Disputes
Part IV: Substantive Principles
17. Dispute Resolution and Applicable Law
18. Substantive Contractual Principles
19. Substantive Principles of Investment Protection
20. Towards a Lex Mineralia

Arbitration of International Mining Disputes

Law and Practice

Henry G. Burnett and Louis-Alexis Bret

Oxford International Arbitration Series

Author Information

Henry G. Burnett, Partner, King & Spalding LLP,Louis-Alexis Bret, Associate, King & Spalding LLP

Henry Burnett is a partner at the New York office of King & Spalding. With more than 20 years of litigation and arbitration experience, he concentrates on international commercial and investor-State arbitration matters. His international dispute resolution experience includes arbitrations under ICDR, ICC, JAMS International, UNCITRAL, and CPR Rules, as well as investor-State arbitrations involving claims under ICSID, Bilateral Investment Treaties, the Energy Charter Treaty, multi-lateral investment instruments, and local investment laws. He has been recognized by The International Who's Who of Oil & Gas Lawyers and The International Who's Who of Energy Lawyers.

Louis-Alexis Bret is an associate at the New York office of King & Spalding. He has extensive experience acting as counsel in both commercial and investor-State arbitrations, primarily in the energy and mining sector. He advises natural resource companies in connection with their investments abroad and writes frequently on international energy and mining disputes, with a particular emphasis on mining and energy trading disputes. He has also served as Director of the New York Chapter of the Association of International Petroleum Negotiators from 2013 to 2015.

Arbitration of International Mining Disputes

Law and Practice

Henry G. Burnett and Louis-Alexis Bret

Oxford International Arbitration Series

Reviews and Awards

"Arbitration of International Mining Disputes - Law and Practice provides a valid and sound treatment of arbitration as a way to settle international mining disputes. The book has a practical approach and purpose, and would definitely benefit parties and counsels involved in mining disputes. Its reading is recommended particularly to those that already have been introduced to international commercial arbitration, investment law and have a grip on the mining industry, and are wanting to refine their scope of knowledge. Readers will appreciate the amount of information and case law that is covered exhaustively and with expositive clarity; tables of cases and legislation complete the work and help to navigate the book with ease. ... The book will quickly establish itself as a point of reference for international mining law practitioners." Piergiuseppe Pusceddu, International Energy Law Review