ICC arbitrations in Paris and Geneva / Mining / Africa

We acted for a commercial mining company owned by a Central African state in two emergency arbitrations and two ICC arbitrations on the merits in Paris and Geneva. The proceedings were initiated by an Asian mining conglomerate and arose out of lease agreements relating to two mining licences.

• The opposing party brought seven claims concerning the alleged grant to a third party of rights relating to the mining licences it operated, as well as our client’s alleged failure to act in response to extensive artisanal mining in the areas it operated. The amount in dispute was USD 200 million.

• In the emergency arbitration, we secured the rejection of five of the seven requests for interim relief submitted by the opposing party, with our client agreeing to the remaining two.

• During the arbitration on the merits, we discovered that the opposing party had understated the reserves used to calculate the amounts owed to our client. We therefore brought a counterclaim for USD 1 billion.

• The parties ultimately reached an amicable settlement.