Just FI: According to Global Aribtration Reviews today (
https://globalarbitrationreview.com/)
Australia’s Sundance Resources has agreed to settle its US$17.6 billion ICC claim against the Republic of the Congo over the expropriation of its mining licences and tenements.
While not the DRC, it's the principle that matters.
The back story to the dispute and eventual settlement is that Sundance Resources had been developing the Mbalam-Nabeba Iron Ore Project for over a decade. This project was intended to be a significant high-grade iron ore operation spanning the border of Congo and Cameroon, with a planned production of 40 million tonnes per year for at least 29 years.
In late 2020, Congo unlawfully expropriated the exploitation permit for the Nabeba iron ore tenement held by Sundance's subsidiary Congo Iron SA (sound familiar?). This action prompted Sundance to initiate arbitration proceedings against Congo at the International Chamber of Commerce (ICC) on March 25, 2021.
Sundance's claim against Congo was based on:
- Breach of various provisions of the Nabeba Convention
- Violation of the guarantee against expropriation
This dispute highlights the complexities and risks involved in international mining projects, particularly in regions with weak or evolving regulatory environments, or as in the case of the DRC, endemic corruption.
Cheers
F