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A methodology for the calculation of native title compensation
Climate change impacts used to reject new NSW coal mine
Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources' claim against Romania concerning mining project
The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian …
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 …
Save the date - resource nationalism seminar - London, 13 September 2018
We are pleased to announce that we will be holding a seminar on resource nationalism on 13 September 2018. We have been monitoring the re-emergence of …
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 …
PIL Notes Re-Post – Bear Creek Mining Corp. v. Peru: the potential impact on damages of an investor’s contributory action and failure to obtain a social license
In an award dated 30 November 2017, an ICSID Tribunal ordered Peru to pay around US$30.4million to Canadian company Bear Creek Mining following its …
Forrest & Forrest v Wilson – consequences for mining lease applicants
Federal Government Announces Junior Mineral Exploration Tax Credit
On 2 September 2017, the Government announced a welcome new four-year $100 million Junior Mineral Exploration Tax Credit (JMETC) following the expiry of …
High Court applies strict compliance test under the Mining Act 1978 (WA) and raises doubts regarding tenement validity –remedial legislative response required
In its recent decision in Forrest & Forrest v Wilson [2017] HCA 30, the High Court held that a failure to strictly comply with the technical …
Queensland’s mining sector set to experience significant changes to financial assurance and rehabilitation requirements with proposed reforms
Mining projects in Queensland typically require financial assurance (FA), a form of financial security/bonding provided to the Government to cover costs …
High Court reconfirms object commercial purpose test for construction of contracts
This is a summary of a High Court decision made in the case of Ecosse Property Holdings Pty Ltd v Dee Gee Nominees Pty Ltd [2017] HCA 12 in dispute of a …
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