Arbitration of International Mining Disputes: Law and Practice by Henry G. BurnettArbitration of International Mining Disputes: Law and Practice by Henry G. Burnett

Arbitration of International Mining Disputes: Law and Practice

byHenry G. Burnett, Louis-Alexis Bret

Hardcover | March 18, 2017

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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 asthe 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 partiesinvolved 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 analysisof 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.
Henry Burnett is a partner at the New York office of King and 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, UNCITRA...
Title:Arbitration of International Mining Disputes: Law and PracticeFormat:HardcoverDimensions:336 pagesPublished:March 18, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198757646

ISBN - 13:9780198757641

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Table of Contents

Part I: Host States, Mining Companies, and Mining Projects1. Host States2. Mining Companies3. Other Actors in the Mining Industry4. Typology of Mining ProjectsPart II: Key Risks and Disputes Associated with International Mining Projects5. Political Risk and Resource Nationalism6. Exploration Agreements and Exploration Disputes7. Mineral Rights Transfers and Joint-Ventures Disputes8. Financing Disputes9. Mining Development, Operating, and Commercial Disputes10. Environmental and Social Disputes11. The Impact of Anti-Corruption Legislation and Trade SanctionsPart III: Practice and Procedure12. Advantages of Arbitration for International Mining Disputes13. Selection of Arbitrators and Counsel: Towards a "Mining Arbitration Bar"14. Advocacy in International Mining Disputes15. Preserving Confidentiality in International Mining Disputes16. The Amicable Resolution of International Mining DisputesPart IV: Substantive Principles17. Dispute Resolution and Applicable Law18. Substantive Contractual Principles19. Substantive Principles of Investment Protection20. Towards a Lex Mineralia