27 July 2018
Upheaval and uncertainty in mineral regulation in parts of Africa: Resurgence of resource nationalism highlights the importance of investment treaty protections
The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-) emerging. In this context it is important for companies associated with the mining sector to be aware of the...
15 June 2018
Heightened Risk? Resource nationalism on the rise in sub-Saharan Africa
The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries.
11 May 2018
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ remediating accidental damage in compliance with statutory obligations, even where there had been no prosecution or third party claim against the...
03 May 2018
Latest developments of the mining industry in Latin America
In view of the rise in commodity prices, especially metals, mining activity in South America has increased in 2017 compared to the last few years. Expectations are that 2018 will build on last year's positive trend. In this article we give a snapshot of the main Latin America mining markets,...
03 May 2018
South African mining outlook for 2018: Environmental and climate change resilience
The South African government has committed to reducing greenhouse gas ( GHG ) emissions to meet its nationally-determined contribution commitments in accordance with the Paris Agreement. In order to achieve these objectives, the South African government needs to implement regulatory and other...
03 May 2018
Protecting against wrongful state actions: structuring investments to allow a real possibility of recourse
Mining companies are no strangers to risky environments and threats of political upheaval. In an era of growing resource nationalism and increased environmental and populist activism, these risks are augmented – particularly in jurisdictions where governmental stability is uncertain.
03 May 2018
Exit by minority participants
As a result of the recent full or partial exits by a number of major mining companies from the Australian coal industry, a number of minority participants have also considered how the sell part or all of their interest. The recent experiences of these minority participants has highlighted the key...
19 April 2018
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal 1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered in the context of the other bases on which the policyholder may have been liable in any event, and (2) disclosure of some relevant but general...
13 April 2018
Senate backs further foreign bribery reform: Senate Committee hands down report on Australia's Anti-Bribery regime
The long-awaited Senate Economics References Committee report into foreign bribery was released on 27 March 2018. The report recommends ways in which Australia’s foreign bribery framework can be strengthened.
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13 February 2019
LIBOR Is Being Overtaken: Will It Be a Car Crash?
This article considers the background and current market developments relating to the discontinuation of LIBOR. It examines the potential litigation likely to arise for legacy contracts and the alternative contractual fall-back provisions that are being proposed. Finally, it analyses the four...
13 February 2019
Governance: The new age of leadership
Recent shareholder action against executive remuneration, the expansion of APRA’s ambit to include a greater focus on culture and remuneration, the introduction of the BEAR and the rise of the “community expectations” standard shows the new microscope penetrating boardrooms and the upper echelons...
13 February 2019
The Regulators
The Final Report has been released and for those who followed the public hearings, the recommendations are not surprising. The regulators, ASIC and APRA, have been given increased regulatory scope and more tools to regulate. The key question is, following on from the Final Report, where next for...
13 February 2019
Banking and Credit (General)
The recommendations made in relation to banking and credit more generally were in some regards unsurprising and minor, relative to the responsible lending recommendations and credit distribution recommendations , both of which went to the crux of Commissioner Hayne’s “four observations”.
13 February 2019
Responsible Lending: “Apply the law as it stands!”
The law is correct, now you must learn to follow it. That is the message from Commissioner Hayne regarding the consumer lending laws and responsible lending practices of Australia's banks. Despite being "urged" by consumer advocacy groups to alter the National Consumer Credit Protection Act 2009 (...
07 February 2019
Inside Arbitration: An interview with Alexis Mourre, President ICC International Court of Arbitration
The International Chamber of Commerce (ICC) is one of the main international arbitral institutions. Indeed, in the 2018 Queen Mary survey on the evolution of international arbitration, the ICC had a pre-eminent position as the preferred institution of 77% of respondents. In this issue of Inside...
