Mining Notes

A mining make-over in progress?

Mining Charter III: certainty, but at a cost

ICSID Tribunal declines jurisdiction due to claimants' failure to obtain environmental impact assessment in breach of local law

In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining …

Arbitration Notes Re-Post – Upheaval and uncertainty in mineral regulation in parts of Africa: resurgence of resource nationalism highlights the importance of investment treaty protections

The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of …

The Liberian mining law reform and the impact of the Ebola crisis

Despite its relatively small size (approximately 110,000km with a population of four million people), Liberia, the oldest republic in Africa, is a …

A new mining law for Mozambique

The Mining Law 20/2014 of 18 August 2014 (the New Mining Law) came into force in Mozambique on 22 August 2014 replacing the previous mining regime under …

English High Court judgment in ongoing Zambian dispute

On 15 July 2014, the High Court in London handed down a further judgment in the ongoing dispute between Konkola Copper Mines (KCM) and U&M Mining …

Bright future – the key factors driving economic growth in sub-Saharan Africa

The African market will continue to thrive thanks to increased availability of capital and investment in natural resources, power and infrastructure. …

How to navigate dispute resolution in Africa

As investment continues to flow into the continent, the number of disputes is also rising Over the last decade investment into Africa from foreign …

Calls for the EU to help prevent conflict funded by exploitation and trade of minerals in Democratic Republic of Congo (DRC)

In 2010, the US Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376 (2010) (Dodd-Frank). …

Ghana plans to reintroduce a mining windfall tax

The Budget and Economic Policy Statement of 2013 reiterates the willingness of the government to implement a windfall tax on mining profits. The windfall …

Arbitration in Africa: Recent developments

The Court of Appeal of the Lagos Judicial Division recently issued a pro-arbitration decision holding that courts may only intervene in arbitral …