This panel will focus on strategic considerations and practical tips for maximising legal protection of mining investments from the inception of a mining project to the enforcement of a final award, drawing on the panelists' experience and recent case examples.
Strategy before the dispute arises: structuring investments to ensure there is protection under investment treaties in the event of dispute with the host State later on;
Establishing jurisdiction: instruments of consent (with particular focus on domestic investment laws as the source of the State's consent to arbitrate);
Quantification of damages: different approaches (depending on the stage of the project and classification of mineral resources), best practices for documenting losses and evidence required for a reliable DCF model;
Funding the arbitration (how funders assess mining treaty claims, including enforcement risk); and
Award enforcement strategy.