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.

• 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

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 Paris office of Three Crowns LLP. 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.