Dr. Tiago Duarte-Silva has opined in an ongoing ICSID investor-state arbitration based on claims that tax reassessments on a mining streaming agreement have prevented the investor from carrying on with normal business operations and that those tax reassessments will lead its investment to insolvency. Damages claimed amount to $500 million. Together with Aaron Dolgoff and Michelle Sandoval Siman, they analyzed the alleged additional costs incurred due to tax reassessments.
Mining arbitrations in practice: Filing trends, shifting geography, and claimant recovery
Building on CRA’s 2023 study of disputes involving mineral assets, Tiago Duarte-Silva and Swati Kanoria examine over 150 investor-State mining arbitrations...