This past month, eighteen Aymara community leaders endured the final stages of a trial that had them facing up to 28 years in prison and massive fines for their alleged roles in the 2011 ‘Aymarazo’ protests against the Santa Ana silver mine on the Peru-Bolivia border.
With Gabriel Resources seeking US$4.4 billion in damages, Alburnus Maior, a prospective amicus curiae in the arbitration case, announces that it aims to file its brief to the ICSID Tribunal until September 2018 at the latest.
Mining firms should not resort to international arbitration in forcing the Department of Environment and Natural Resources to revoke its decision to suspend 28 mines and cancel 75 mineral-production sharing agreements.
That concern is a real and serious one, but there is also a more direct and crude problem: parties (or their lawyers) bribing, or making backdoor deals with, the arbitrators to secure a favorable outcome.
Crystallex — owed $1.4 billion for the expropriation of its Venezuela mining subsidiary — has moved U.S. Federal Court in Delaware to seize Petroleos de Venezuela Holding, the parent company of PDVSA’s American unit Citgo Holding.