Payback 

news & knowledge 

May 18, 2015

News

International Arbitration Co-Chair and Litigation partner Robert Wisner was recently quoted in Listed Magazine feature article: "Payback." The article reports that an increasing number of Canadian-listed junior mining companies are resorting to international arbitration after a property was expropriated or an agreement was violated by a foreign government.

The worldwide rise in such claims is due to an increasing number of cross-border transactions and investments. But despite the growth of arbitration, there are still many who don't completely understand its benefits. Wisner says, "Certainly, 10 or 15 years ago these cases were hardly known at all." Wisner has acted for a number of Canadian miners involved in international arbitration, including Brilliant Resources Inc., which recently disclosed payment of over US$31 million from Equatorial Guinea after its filing of a claim before an international arbitration tribunal.

The article describes the efforts by some mining companies to collect unpaid arbitral awards from foreign governments. Wisner says, "Most countries pay awards most of the time…but there are always a few holdouts who drag their feet."

To read the complete article, click here.