Mining Disputes: ISDS, ESG, and Valuation Challenges

Event Details

For decades, investors in the mining-sector have challenged domestic environmental laws and regulations before ISDS-tribunals. In recent years, investors' damages claims for such projects appear to have increased manifold, with several pending ISDS-claims in the mining sector exceeding claims of more than US$ 1 billion. In asserting and awarding losses of that magnitude, have claimants and tribunals overlooked the costs and risks of executing a project in the mining sector? Have such claims affected States' rights to regulate and incorporate environmental, social and governance ("ESG") norms within their domestic legal frameworks?

BIICL and Curtis, Mallet-Prevost, Colt & Mosle convene this hybrid event to examine issues related to valuation of mining projects in ISDS, and the various mechanisms through which States may protect their regulatory space for ESG measures, when defending against such claims and when entering into investment agreements. A variety of perspectives on these issues from practitioners, government officials and academics on the panel will enrich the discussion at this session.

Introductory Remarks

Prof. Yarik Kryvoi, British Institute of International and Comparative Law

Moderator

Arthad Kurlekar, Curtis, Mallet-Prevost, Colt & Mosle

Speakers:

• Juan Carlos Boué, Curtis, Mallet-Prevost, Colt & Mosle
• Richard Bowley, Mining Sector Consultant
  
• Monica Feria Tinta, Twenty Essex
• Lourdes Martinez de Victoria, Attorney General's Office, Spain

Pricing and Registration

This event is free for members of the Investment Treaty Forum (ITF). Free of charge bookings can be made by emailing the Events Team.

If you work for a government or an intergovernmental organisation that is not currently a consultative member of the ITF, please contact Prof. Yarik Kryvoi to apply for free consultative membership.

For other attendees, the following charges apply:

BIICL Member
In-person: £24 (CLOSED) | Online: £18

Non-member
In-person: £40 (CLOSED) | Online: £30
 

REGISTER HERE > 

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