Region: Australia

Mining magnate complains of “chilling effect” on ICSID claim

A mining magnate that saw his US$21 billion arbitral claim against Western Australia halted by emergency state legislation has brought a fresh challenge against the “draconian” measures, arguing they also effectively prevent him from bringing an investment treaty claim.

05 September 2022

Burford-funded mining claim against Greenland underway

A tribunal has begun hearing an Australian company’s claim against Greenland and the Kingdom of Denmark over a uranium mining ban affecting a US$3 billion project – a case financed by a subsidiary of Burford Capital.

29 July 2022

Chinese miner brings ICC claim over Congo lithium project

One of China’s largest mining groups has launched an ICC claim over the purchase of a stake in a major lithium project in the Democratic Republic of the Congo.

13 May 2022

Australia’s highest court to hear Spain’s appeal on sovereign immunity

The High Court of Australia has granted Spain special leave to appeal the recognition of a €101 million ICSID award obtained by a Luxembourgish investor affected by its renewable energy reforms.

31 March 2022

Croatian state bank liable over shipbuilding contract

An Australian agriculture exporter says it has won an award in a London arbitration against a Croatian state-owned development bank that guaranteed the construction of a livestock vessel.

08 February 2022

DRC mine award upheld despite counsel’s illness

An English court has upheld a US$19 million ICC award relating to a Chinese mining project in the Democratic Republic of the Congo, rejecting arguments that the case should have been adjourned when a counsel took ill with covid-19 and that the tribunal erred by awarding the victor its third-party funding costs.

08 December 2021

“Time is of the essence”: Australian gas price review blocked on appeal

Chevron and its partners in a massive Australian gas project have won an appeal preventing a Rio Tinto subsidiary from bringing a price review claim that was notified outside the window stipulated in the contract.

24 November 2021

Australian miner buries Singapore set aside bid

An Australian mining company says it has defeated a bid by its joint venture partner to set aside a SIAC award over their US$463 million copper and gold project in the Philippines.

22 November 2021

Australian mega-claim looms after mining law upheld

An Australian mining magnate has lost his court challenge against emergency legislation that halted his US$21 billion arbitration against the state government of Western Australia – making the prospect of an investment treaty claim more likely.

18 October 2021

Chevron wins set-aside in fight over Australian gas project

An Australian court has upheld Chevron’s bid to set aside an interim award in a US$290 million dispute over labour costs at a massive offshore gas project, ruling that the arbitrators erred by allowing a contractor to reopen issues of liability.

05 October 2021

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