Resources
Anglo American files lawsuit against Colombia
| ISDS
Minería Panamericana
Anglo American mining company has filed a lawsuit against a ban preventing Colombian coal miner Cerrejón from developing its La Puente project.
The latest lawsuit comes after Cerrejón shareholders, BHP and Glencore filed separate lawsuits for the same reason on April 27 and...
Swiss mining transnational Glencore in the Andes
Terra Justa
The mining giant's activities in Latin America and how they demonstrate the need for a binding instrument on Business and Human Rights.
In June 2020, a statement signed by more than 200 organizations around the world publicly denounced transnational mining companies for ignoring the...
The Status of Investor-State Arbitration in Latin America in 2021
| ISDS
JDSUPRA
With a total of 54 cases filed, 2020 was a record year for cases filed under the ICSID Convention, and with a total of 72 treaty-based cases, an important year in general for Investor-State Arbitration.
1. A Wave of Cases Against Latin American States Last year saw a wave of cases again...
Disputes against governments under investment treaties: a growing trend in the mining industry in 2020
| ISDS
Lexology
Hogan Lovells
A commitment of capital in a foreign state, particularly with long-term profit horizons, can be a risky undertaking. When a host state harms a foreign company's investment, the domestic legal system may not provide an adequate remedy. For example, an investor may not wish...
2020 in Review: Latin America and Investment Arbitration
| ISDS
Kluewer Arbitration Blog
In 2020, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From the entry into force of the United States – Mexico – Canada Agreement (USMCA) signed over a year ago, as well as numerous cases and actions still aris...
Mining Injustice Through International Arbitration
| ISDS
Luis Solano | Ellen Moore | Jen Moore - IPS / Earthworks
DOWNLOAD THE STUDY HEREAcross the Global South, and especially in Latin America, international mining companies have used a combination of disturbing tactics to forcibly open mining operations in places where communities have resiste...
More ISDS cases launched against Latin American states amid the COVID-19 pandemic
| ISDS
AFTINET
A new report by the Netherlands-based Transnational Institute reveals a rush of international arbitration cases against Latin American states by international investors during the COVID-19 pandemic. Some cases relate to pandemic control measures, and others to ongoing cases.
In a recent...
REPORT: Voices from the Ground
How the Global Mining Industry is Profiting from the COVID-19 Pandemic
This report provides in-depth cases to exemplify the four trends highlighted in the international open letter “Global Solidarity with Communities, Indigenous Peoples and Workers at risk from Mining Pandemic Profiteers”. These...