THE AUTHORS:
Milena Szuniewicz-Wenzel, Partner at Clyde & Co.
Camille Lukusa, Associate at Clyde & Co.
THE EDITORS:
Milena Szuniewicz-Wenzel, Partner at Clyde & Co
Lola Dawson, Commercial Dispute Knowledge Lawyer at Clyde & Co
Clyde & Co’s Young Arbitration Group provides a unique insight into international arbitration issues through the lens of young international arbitration practitioners working across different jurisdictions. In this series with Daily Jus, Clyde & Co explores the role of arbitration in mining disputes.
The mining sector is integral to the global economy and the development of infrastructure worldwide. It supplies critical raw materials, such as metals, minerals, and fossil fuels, essential for modern infrastructure projects as well as for the production of electronics and vehicles. However, mining is a complex sector with a wide range of stakeholders and associated risks. It is therefore susceptible to a variety of challenging disputes such as resource extraction rights, environmental regulations, and state-investor disputes.
The UK has a wealth of expertise in mining law and international arbitration. This article will consider the UK’s rich history in the mining industry while considering a well-established and globally respected framework for dispute resolution in the mining sector.
The Challenges of the Mining Industry
Mining projects, often involving multinational stakeholders and substantial investments, are inherently prone to complex disputes due to their high stakes. These ventures are heavily influenced by state regulations and political shifts.
Their lengthy and capital-intensive nature requires significant support from host states, particularly through legal frameworks and fiscal policies. As a result, the involvement of host states or their entities is critical to the success of mining projects but has also led to many issues such as resource nationalism. The physical assets associated with mining hold strategic value for host states, while also carrying considerable economic and political significance for local communities.
Additionally, the global energy transition and growing demand for critical minerals have heightened the potential for conflict. These challenges are aggravated by the diverse legal and regulatory environments in which these projects operate.
This complexity places mining at the intersection of international relations and legal systems, making the industry a cornerstone of modern civilization. The UK offers a legal infrastructure well-suited to handle the intricate and technical nature of mining disputes, ensuring efficient and effective resolution.
Mining in the UK
The mining industry in the UK has a rich history that dates back thousands of years, contributing significantly to the country’s industrial development and economic growth. The UK’s abundant natural resources, including coal, iron ore, and lead, fuelled the Industrial Revolution in the 18th and 19th centuries. However, the environmental and social challenges, coupled with the rise of alternative energy sources, have drastically reduced the scope of mining operations in recent decades.
Today, mining in the UK has largely shifted focus to smaller-scale operations; the extraction of critical and rare earth minerals is gaining attention due to the demand for sustainable technologies and renewable energy. Areas such as Cornwall have seen a resurgence in interest, with companies exploring lithium mining to support battery production for electric vehicles. Lithium, often referred to as “white gold” for its importance in the green energy revolution, has made Cornwall’s geological profile a focal point for exploration and potential extraction projects in the UK.
Mining remains an important part of the UK’s heritage, while its future focuses on aligning with modern technological and environmental priorities.
London is also a leading hub for mining finance. This status is closely tied to the London Metal Exchange, which offers liquidity for trading various minerals, facilitates price discovery, and provides deep expertise on commodity pricing and purchasing trends. Further cementing London’s importance in the mining sector, the industry’s governing body, the International Council on Mining and Metals, has established its headquarters in the city.
Mining Disputes in the UK
The UK’s well-established common law jurisdiction and arbitration-friendly legislation offer a reliable legal framework for the resolution of disputes in the mining sector, appealing to parties from both civil and common law backgrounds.
London is one of the most prominent global hubs for international arbitration. Institutions like the London Court of International Arbitration (LCIA) frequently handles mining-related disputes involving complex commercial arrangements, cross-border issues, and significant financial stakes. As a signatory to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the “New York Convention”), arbitral awards rendered in London are enforceable in over 160 jurisdictions globally.
In addition to its reliable legal framework, the UK has a deep pool of arbitrators with specific expertise in mining-related issues, including technical mining operations (exploration, extraction, processing), geopolitical risk, environmental regulations and community impact disputes. This general expertise is demonstrated by the significant case of Município de Mariana v. BHP in the local courts and Cassius Mining v. Ghana (II), in the LCIA.
Conclusion
With its sophisticated legal infrastructure and commitment to international norms, the UK remains a preferred jurisdiction for resolving complex mining disputes.
ABOUT THE AUTHORS
Milena Szuniewicz-Wenzel is a Partner in our International Arbitration Group, handling arbitrations at Clyde & Co. across a range of sectors and geographies for more than 20 years. She has extensive experience in successfully handling large, high-value, and complex cases spanning across multiple jurisdictions. Her key sector experience includes energy, telecoms, Production Sharing Agreements, and trade.
Camille Lukusa is an Associate in the International Arbitration Group at Clyde & Co., specialising in a wide range of cross-border disputes.
*The views and opinions expressed by authors are theirs and do not necessarily reflect those of their organizations, employers, or Daily Jus, Jus Mundi, or Jus Connect.
