Arbitration of International Mining Disputes
Law and Practice
Series: Oxford International Arbitration Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 February 2017
- ISBN 9780198757641
- Binding Hardback
- No. of pages416 pages
- Size 247x186x28 mm
- Weight 872 g
- Language English 0
Categories
Short description:
This monograph is the first of its kind to offer in-depth analysis of arbitration in the mining sector. It examines the unique risks in mining ventures that give rise to disputes as well as giving practical advice to parties and counsel involved in mining disputes.
MoreLong 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 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.
Table of Contents:
Part I: Host States, Mining Companies, and Mining Projects
Host States
Mining Companies
Other Actors in the Mining Industry
Typology of Mining Projects
Part II: Key Risks and Disputes Associated with International Mining Projects
Political Risk and Resource Nationalism
Exploration Agreements and Exploration Disputes
Mineral Rights Transfers and Joint-Ventures Disputes
Financing Disputes
Mining Development, Operating, and Commercial Disputes
Environmental and Social Disputes
The Impact of Anti-Corruption Legislation and Trade Sanctions
Part III: Practice and Procedure
Advantages of Arbitration for International Mining Disputes
Selection of Arbitrators and Counsel: Towards a "Mining Arbitration Bar"
Advocacy in International Mining Disputes
Preserving Confidentiality in International Mining Disputes
The Amicable Resolution of International Mining Disputes
Part IV: Substantive Principles
Dispute Resolution and Applicable Law
Substantive Contractual Principles
Substantive Principles of Investment Protection
Towards a Lex Mineralia