Mining arbitrations: Statistics and trends

October 1, 2020

The mining industry is one of the most frequently affected by investor-state arbitration proceedings, as evidenced by the large number of mining arbitrations in the last few decades. A review of 86 cases commenced since 1990 reveals useful statistics and trends in investment disputes involving mineral assets.

Not surprisingly, gold is the most prevalent mineral, but no less than 24 other types of minerals have also been the subject of these disputes. Approximately half of the properties subject of disputes were at production stage.

In this paper published in Transnational Dispute Management, Tiago Duarte-Silva and co-author Luis Miguel Velarde Saffer give insight into these and other statistics and trends, showing, among others, the states most commonly involved in these disputes, the provisions most commonly found to be breached, and how the amounts claimed compare to the amounts awarded by arbitral tribunals.

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