Mining: Digging the hot topics of mining arbitration
This session provided an opportunity to hear contributions from arbitration practitioners on the specific features of mining arbitration, including recent investment arbitration cases in this field, as well as issues relating to resource nationalism and the review of mining contracts.
Romain Dupeyré, Partner (France), moderated the panel composed of Olivier Binyingo, Executice Vice-President DRC at Ivanhoe Mines, Ali Boroumand, Partner (France), Ewelina Wętrys, Local Partner, and Patrycja Treder, Counsel (Poland) and Ahmed Habib, senior associate (Qatar).
After an introduction on the lastest cases concerning the mining sector by Romain Dupeyré, Olivier Binyingo addressed how managers of mining companies see arbitration as a tool to operate in a unsettled context. Then, Ali Boroumand spoke of the race for strategic minerals, the nationalism of resources and the review of contracts.
Next, Ewelina Wętrys and Patrycja Treder addressed the crucial questions "Is a host state only allowed to defend itself in investment arbitration? Or is a host state allowed to bring counterclaims against a foreign investor?", where they delved into concrete cases to offer valuable insights on how to unlock the full potential of counterclaims in mining investment arbitration.
Finally, Ahmed Habib talked about corruption in the mining sector, which has received increased attention over the years. It is raised by host countries and investors in various forms and for various purposes.
Around the World: Latest Construction Disputes Developments From: (1) Europe, (2) Middle East and (3) Africa
The session was hosted by Yolanda Walker, Partner (UK), and the panel was composed of Maciej Jamka, Partner (Poland), Ahmed Habib, Senior Associate (Qatar) and Nicholas Maciolek from Atkin Chambers.
The panel aimed to provide insights on the latest construction disputes into European, Middle Eastern, and African markets with a view to shedding some light on the key global trends for overcoming the construction industry challenges and facing what's to come.
The construction sector has faced multiple challenges in recent years, including the impact of the pandemic and the war in Ukraine. These events led to reduced economic growth, volatility of prices, and increased inflation. Various waves of stress for the industry lead to increased disputes and affect how they are handled. However, the approach to ADR within the construction and infrastructure industry differs across parts of the world.
Access to the speakers' presentations:
Hot topics of mining arbitration
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