Arbitration of International Mining Disputes Law and Practice

by Burnett, Henry G.; Bret, Louis-Alexis

• ISBN13: 9780191817472
• ISBN10: 0191817473
• Format: eBook
• Copyright: 2016-07-26
• Publisher: Oxford University Press

Author Biography

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.

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