Resolving disputes in Africa's mining sector | White & Case LLP
Such adverse measures may include expropriation, discrimination, or unfair treatment by government agencies or national courts, violations of stabilization clauses or withdrawals of tax exemptions. If a dispute arises, the mining company will generally have three ways to resort to international arbitration.
اقرأ أكثرRiding with stabilisers: using stabilisation clauses to hedge …
The mining venture was governed by an establishment agreement entered into in 1993 between Société des Mines de Loulo S.A. (Somilo), which operated the mine, and the Republic of Mali. The establishment agreement provided for a special fiscal regime and contained a stabilisation clause under which Mali undertook not to alter the fiscal regime.
اقرأ أكثرThe resource nationalism cycle, stabilization clauses and
The resource nationalism cycle, stabilization clauses and the need for flexibility in concession agreements. Foreign direct investment in the mining and oil industries is invariably fostered through the signing of concession agreements between the host State and the investor. Such concessions may contain fiscal incentives, to encourage the flow ...
اقرأ أكثرtritanzania.org
2.0 The Legal dimensions and Rationale of Stabilization Clauses in the Mining Investment Agreements Stabilization clause consists of set of mechanisms which are entrenched in the contract with a view of maintaining specific economic and legal conditions that are considered essential and crucial for validity of the contract.2 It seeks to
اقرأ أكثرGLOBAL DIGITAL TAX REFORMS AND MINING - iisd.org
differences—especially in the mining sector, where stabilization clauses in laws and contracts are prevalent. Developing countries will need the full support of the international community to adapt their legal frameworks in order to comply. This note is structured as follows. Part 1 provides a brief refresher of Pillar Two—the
اقرأ أكثرWhat is the Problem with Stabilization Clauses? – NEM
Home Practical Insights What is the Problem with Stabilization Clauses? What is the Problem with Stabilization Clauses? Published On - December 31, 2019. ... Support Women in Artisanal & Small-Scale Mining. 6 March, 2022. CATEGORIES. Articles; Briefs; Events; News; Practical Insights; ARCHIVES. May 2022; April 2022; March 2022; February …
اقرأ أكثرUnderstanding DRC's new mining law power play: Will the
The mining code liberalized the sector to attract private investment with a first-come-first-serve licensing system, universally applicable taxes, and a stabilization clause that guaranteed investors that the code's provisions would apply for at least 10 years after a permit was granted. But times have changed since 2002.
اقرأ أكثرStabilization Clauses and Implications for Human Rights and …
Stabilization clauses insulate the investor from non-commercial risks associated with long-term concessions. However, the fact that they are upheld so rigidly by arbitral …
اقرأ أكثرMiners to target stability clauses ahead of key DRC code talks
MINING companies that arrived in the Democratic Republic of Congo (DRC) for month-long talks regarding implementation of newly promulgated mining code say they will target the recognition of 10-year stability clauses contained in the previous code. Companies including Randgold Resources and Glencore said the stability clauses are contained in the old code of …
اقرأ أكثرFinal Stabilization of Disturbed Areas Sample Clauses
Sample Clauses. Final Stabilization of Disturbed Areas. Stabilization measures should be initiated immediately in portions of the site where mining, exploration, and/or construction activities have permanently ceased, but in no case more than 14 days after the exploration and/or construction activity in that portion of the site has permanently ...
اقرأ أكثرStabilization in investment contracts: Rethinking the context ...
The rationale for stabilization clauses unraveled. The original rationale for stabilization provisions, it seems, was to use legal mechanisms to address political instability in, primarily, developing countries. ... A 2009 report by the International Council on Mining and Metals and the Commonwealth Secretariat questions whether the very legal ...
اقرأ أكثر(PDF) Stabilisation and Renegotiation Clauses in …
NNPC or the Oil Mining Leaseholder has the re sponsibility of paying a ll royalty, ... 'Stabilization clauses in international joint venture agreements' (2010) 3, I.E.L.R., 54-63 at 54, accessed 3 ...
اقرأ أكثرThe Guide to Mining Arbitrations - Global Arbitration Review
The need for stabilisation clauses in long-term mining agreements. Traditionally, the most acute form of political risk attending a foreign mining project has been nationalisation: the risk of the host government taking ownership of the project and evicting its foreign owner without fair compensation. However, the risk of nationalisation (the ...
اقرأ أكثرStabilisation Clauses in International Petroleum …
by investors to include stabilization clauses in their petroleum agreements. These clauses provide, at least in apprearance, a bulwark against unilateral host review of the initial contract …
اقرأ أكثرMineral Mining in Africa: Legal and Fiscal Regimes
5.1 Limiting the scope and duration of stabilization regimes . 5.2 Periodic renegotiation of stabilization regimes . 5.3 Independent oversight of stabilization regimes . 6 Why Africa should desist from incessant grant of stabilization clauses . 7 Conclusion 7 Resource Nationalism in the African Mining Industry . 1 Introduction . 2 ...
اقرأ أكثرMining Arbitrations • Arbitration
Mining companies have also managed to reduce the risks of legislative and regulatory changes by inserting "stabilization clauses" in their contracts with host States. These clauses may be drafted in a variety of forms, but the main purpose is to provide a certain level of predictability and protection to foreign investors.
اقرأ أكثرInternational investment regimes, Part 2: Risk mitigation clauses
Stabilization clauses. Stabilization clauses are widely used in the mining sector, and seek to preserve the deal between the host state and mining project participants for the life of the project by: (a) mitigating or managing the political risks associated with the project; (b) restoring economic equilibrium between parties should it be ...
اقرأ أكثرAllocation of Climate-Related Risks in Investor-State Mining …
• Stabilization clauses should not be included in mining contracts. If included, they should explicitly apply to changes in fiscal policy only; specifically reaffirm the state's sovereign right to pass climate legislation, even if it relates to fisca l policy (e.g., carbon taxes); and indicate an expiration date.
اقرأ أكثرBlog Archive » 13.2 Tax Stabilization Clause - MMDA Project.org
** Stabilization Clauses are very controversial, even within the MMDA Working Group. Neither this generic clause nor the example clauses provided reflect the opinions of the Working Group. ... (iii) the Facilities will be deemed to be a "mine" and the operations conducted in connection therewith to be "mining" for the purposes of ...
اقرأ أكثرClimate Change Clauses in Investor–State Mining Contracts
The paper covers the following risk allocation clauses (in addition to a note on the risks of investor–state dispute settlement, or ISDS): Force majeure; Liability and compensation or indemnification for climate-related risks; Insurance requirements; Stabilization or change-in-law clauses; Periodic review; Warranties and representations; Step ...
اقرأ أكثرCAN STABILIZATION CLAUSES PROVIDE A SUITABLE …
2.4. Validity and effects of the stabilization clauses. 41 2.5. Fair and Equitable Treatment and its relation with stability and stabilization clauses. 44 3. EXAMPLES OF STABILIZATION …
اقرأ أكثرstabilization clauses.pdf - Energy, Infrastructure and Mining ...
The aim of stabilisation clauses is to insulate the project from adverse changes to the legal and fiscal environment. A basic understanding of the principal issues involved will help an …
اقرأ أكثرOther Topics - IGF Mining
Fiscal stabilization clauses may be found in mining contracts, investment laws, and mining-related tax laws. They may, therefore, be project/sector specific or apply to all foreign investments. Clauses can vary significantly in form and scope. The scope, duration, and application, of stabilization clauses are implicated in a growing number of ...
اقرأ أكثرStabilization Clause | Practical Law
A clause often included in a host government agreement (HGA) or other international investment agreement that addresses how changes in law following the execution of the HGA are to be treated and the extent to which these changes modify the rights and obligations of the foreign investors under the HGA. A stabilization clause is a means for foreign investors to mitigate or …
اقرأ أكثرStabilisation Clauses and the Zambian Windfall Tax - Cornell …
Stabilisation Clauses and the Zambian Windfall Tax Author: Sangwani Ng'ambi Keywords: Zambia, Foreign direct investment, International investment contracts, Stabilization clauses Created Date: 11/5/2013 10:28:21 PM
اقرأ أكثرStabilisation Provisions in Long-Term Mining Agreements
Second, there are two main types of stabilisation clause: freezing clauses and equilibrium clauses. The term 'freezing clause' is used to describe any stabilisation clause …
اقرأ أكثرStabilisation Clauses and the Zambian Windfall Tax
The concession agreements between the Government of Zambia and the mining companies contained Stabilisation clauses which constitute a promise on the part of the host government not to amend its laws in a way that adversely affects the economic rights contained within that particular concession agreement. The article examines Stabilisation ...
اقرأ أكثرStabilization Clause | Practical Law
Although stabilization clauses are beneficial to foreign investors and are perceived as helping host governments attract foreign investment, they can prevent host governments from …
اقرأ أكثرRiding with stabilisers: using stabilisation clauses to hedge …
The stabilisation clause in this instance appears to have been a "freezing clause", that is, a provision which freezes the host state's national system of law as at the date of …
اقرأ أكثرInternational investment regimes, Part 2: Risk mitigation clauses
Stabilization clauses. Stabilization clauses are widely used in the mining sector, and seek to preserve the deal between the host state and mining project participants …
اقرأ أكثرCHAPTER 123 - THE MINING ACT CHAPA FINAL - TUMEMADINI
The Mining Act [CAP. 123 R.E. 2019] 1 THE UNITED REPUBLIC OF TANZANIA CHAPTER 123 THE MINING ACT [PRINCIPAL LEGISLATION] REVISED EDITION 2019 This Edition of the Mining Act, Chapter 123, has been revised up to and ... Regulation over use of stabilization clauses. 100F. Plough–back of profits from minerals sector.
اقرأ أكثرMeaning, Evolution, Rationale, Sources and Typology of Stabilization …
As put by the Mining Law Committee of the International Bar Association, the tax stabilization clause is considered as "likely the most controversial clause" in the Model Mine Development Agreement and one of the reasons is that it is "difficult to distinguish between the stabilization of tax regimes and the stabilization of other regimes ...
اقرأ أكثرMining Arbitrations • Aceris Law
Mining companies have also managed to reduce the risks of legislative and regulatory changes by inserting "stabilization clauses" in their contracts with host States. These clauses may be drafted in a variety of forms, but the main purpose is to provide a certain level of predictability and protection to foreign investors.
اقرأ أكثرThree Tax Treaty Takeaways from Officials in Mining Countries
Second, where mining contracts include tax stabilization clauses, there is an added risk that revenue lost under a tax treaty will be locked in even if the treaty in question is subsequently amended—a circumstance Mongolia is currently facing. ... Countries should pay close attention to mining contracts that stabilize tax treaties in force at ...
اقرأ أكثرCAN STABILIZATION CLAUSES PROVIDE A SUITABLE …
2.4. Validity and effects of the stabilization clauses. 41 2.5. Fair and Equitable Treatment and its relation with stability and stabilization clauses. 44 3. EXAMPLES OF STABILIZATION CLAUSES CONCERNING THE STABILIZATION OF ENVIRONMENTAL REGULATIONS IN FAVOUR OF MINING COMPANIES. 3.1. Stabilization clauses in state agreements. 46 3.1.1.
اقرأ أكثرFreezing Clause | Practical Law
A type of stabilization clause contained in a host government agreement (HGA) or other international investment agreement between a local or host government and a foreign investor concerning a project or other investment which fixes or freezes for the term of the project, domestic legislation or regulations affecting the foreign investor and the project or other …
اقرأ أكثرStabilisation clauses and state aid - Lexology
Stabilisation clause, as a risk management tool, is typical of long-term capital-intensive projects in extractive industry, infrastructure or public services (mining, oil, …
اقرأ أكثرOther Topics - IGF Mining
Fiscal stabilization clauses may be found in mining contracts, investment laws, and mining-related tax laws. They may, therefore, be project/sector specific or apply to all foreign …
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