Mining Litigation & Dispute Resolution

When complex and high-stakes mining disputes arise, industry clients retain Blakes. Our experienced Mining Litigation & Dispute Resolution team has represented Canadian and international mining clients worldwide on nearly every issue imaginable, representing them at every stage of their disputes, from risk evaluation through litigation and enforcement in Canadian courts at all levels, before domestic and international arbitration panels, at the negotiating table, and before government agencies and tribunals.

Handling diverse claims involving a wide array of resources and minerals across Canada, the U.S., Europe, Africa, Australia, Asia and the Middle East, we have represented clients in disputes regarding mine ownership, control, exploration, development and operations, joint venture partners, shareholders and customers, Indigenous rights, environmental and regulatory matters, mining construction issues, and take-over bids and proxy contests in securities commissions across Canada. We have also arbitrated disputes on behalf of clients on an ad hoc basis and under the supervision of international arbitration institutions such as the International Chamber of Commerce, the London Court of International Arbitration and the International Centre for Dispute Resolution. In addition, we have represented clients on investor-state matters under the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law. Beyond resolving disputes, we work closely with our clients to devise effective risk-management strategies to avoid disputes and limit their exposure to litigation.

Consistently ranked at the top of the league tables for mining transactions in Canada and globally, we also have one of Canada’s largest, most powerful and successful litigation and dispute resolution practices, enabling us to offer extraordinary depth and breadth of industry knowledge, practice expertise and litigation experience in each of our offices around the globe.

Recent Experience

An international arbitration involving a royalty dispute over a mine in Ecuador.
A mining company in an arbitration administered by the London Court of International Arbitration relating to the sale of interests in a mining joint venture in Mongolia.
A mining company in an arbitration regarding a dispute over mining rights in Saskatchewan.
A large U.S. mining producer in an ICC arbitration with customer located in Korea arising under an off-take agreement.
A large mining producer in pursuing an ICC arbitration against a customer located in Asia before a three-person tribunal.
A mining producer in an ICC arbitration and successful settlement negotiations in a dispute between Canadian and Panamanian companies in connection with a coal mine in Colombia.
A Canadian public mining company in an arbitration and related court proceedings regarding a gold mine in Spain.
A mining producer in an UNCITRAL model law arbitration relating to failure of major equipment at a mine site and involving claims in excess of C$200-million.
Shareholders of a Canadian public mining company in court and security commission litigation relating to a successful contest for control of the company’s board of directors.
A global mining company in securities litigation relating to its bid to take over a Canadian potash company.
A large U.S. mining company in securities litigation relating to its bid to take over an Ontario-based public mining company.
Cliffs Natural Resources in a wide range of contractual disputes, including a C$1.8-billion joint venture dispute involving the Wabush Mine in Newfoundland and Labrador.
British Columbia International Commercial Arbitration Centre (BCICAC) international arbitration involving a dispute over mining interests in Ecuador.
BCICAC international arbitration involving a dispute over certain South American mining concessions.
London Court of International Arbitration dispute between Canadian, Bermudian and Czech entities regarding the sale of Mongolian mining assets.
Dispute and mediation regarding streaming agreement over certain precious metal mines.
Shareholders litigation regarding certain mining interests in Columbia.