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Arbitration of International Mining Disputes: Law and Practice

Arbitration of International Mining Disputes: Law and Practice

Author: Henry G. Burnett; Louis-Alexis Bret
Publisher: Oxford University Press
ISBN: 9780198757641
Published In: February 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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