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Arbitration of International Mining Disputes - Law and Practice by Burnett, Henry G; Bret, Louis-Alexis (16th February 2017)

Part II Key Risks and Disputes Associated with International Mining Projects, 9 Mining Development, Operating, and Commercial Disputes

From: Arbitration of International Mining Disputes: Law and Practice

Henry G. Burnett, Louis-Alexis Bret

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 December 2019

Arbitral rules — Arbitral agreements — Contract claims — Claims

This chapter examines the most common types of disputes arising in connection with the development and operations of mining projects. These can be classified into two main categories: development and operating disputes, and offtake and sales disputes. Development and operating disputes include: disputes that may arise when the project owner and external mining contractor fail to agree on rates; hardrock drilling disputes arising from various geographic, geologic, and practical factors; and construction contract disputes. Offtake agreements or offtake contracts refer to all types of agreements for the sale and purchase of metals/minerals, including spot sales, metal streaming agreements, and in-kind mineral royalties. The most common types of disputes involve four essential aspects of the sale of metals and minerals: the quantity to be delivered; the quality of the metals/minerals delivered; the conditions of the delivery; and the payment of a price by the buyer.

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