LAW: The Lifecycle of a Successful Treaty Claim in the Mining Sector

HKA is delighted to announce that Matthias Cazier-Darmois, Partner in our Forensic Accounting & Commercial Damages practice, will be a panel speaker on Baker Botts panel session ‘The Lifecycle of a Successful Treaty Claim in the Mining Sector’, taking place on 4 December during London Arbitration Week.

Hosted by the Baker Botts this panel will focus on strategic considerations and practical tips for maximising legal protection of mining investments from the inception of a mining project to the enforcement of a final award, drawing on the panelists’ experience and recent case examples.

Topics Include:

• Strategy before the dispute arises: structuring investments to ensure there is protection under investment treaties in the event of dispute with the host State later on; 
• Establishing jurisdiction: instruments of consent (with particular focus on domestic investment laws as the source of the State’s consent to arbitrate); 
• Quantification of damages: different approaches (depending on the stage of the project and classification of mineral resources), best practices for documenting losses and evidence required for a reliable DCF model; 
• Funding the arbitration (how funders assess mining treaty claims, including enforcement risk); and
   
• Award enforcement strategy.

Speakers:

Ben Love , Partner , Baker Botts
Valeriya Kirsey , Senior Associate , Baker Botts
Matthias Cazier-Darmois , Partner , HKA
Emily Wyse Jackson , Senior Legal Counsel , Deminor Litigation Funding

Matthias Cazier-Darmois is a damages expert with 20 years of experience. He has been appointed as an expert on more than 25 occasions.

Matthias has testified on more than 20 occasions in several investor-state and commercial arbitration proceedings (under CIRDI, UNCITRAL, CCI, LCIA, SCC, CEPANI rules, or in ad-hoc arbitrations). He has acted as expert witness in many high-stake investment and commercial arbitrations, in a wide range of industries, including mining, energy, power, and telecoms.

Register here