In an article published in The Northern Miner, Tiago Duarte-Silva and Volterra Fietta’s Ahmed Abdel-Hakam discuss the legal concept of tortious interference with a mining contract, which occurs when a third party intentionally interferes with an existing contract between a mining company and a host state. This can happen, for example, when a third-party convinces the host state to revoke the mining company’s license or to grant it to that third party instead. They discuss how mining companies can protect themselves from this type of interference by seeking protection through a bilateral investment treaty (BIT). The article also discusses how damages are calculated in cases of tortious interference with a mining contract.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...