Don´t Be Afraid to Get a Lawyer Onboard at an Early Stage with Tim Foden
Dig Deep
What Mining Companies Need to Know to Protect Their Investments
Mining companies need to make sure they've got legal protections in place before investing. Developed countries can be just as agressive towards mining companies is the developing countries. If you have a treaty in place, you can bring a claim at the world bank. But those awards that are produced, they're enforcible. Governments tend to pay them.
In this episode, we chat with Tim Foden who is a partner at Boies Schiller Flexner, the global disputes law firm who are internationally recognized and known for its creative, aggressive, and efficient pursuit of success for its clients.
Tim is a dual-qualified English-US lawyer and specialises in international arbitration in the mining sector. He has acted for both the world’s largest mining companies and a host of junior mining companies. Tim talks about disputes that happen within the industry and provides some valuable advice about how to act when faced with them. Sometimes you need a lawyer when you’re in trouble, but you have to engage with them before you are fully in need of their services. Doing so enables you to strategize how best to navigate disputes to get the best outcome over the long term.
KEY TAKEAWAYS
- Miners get a bad rap, so often end up being treated badly, especially junior miners.
- There are two main types of disputes that Tim handles – commercial and claims against sovereign states.
- Disputes with sovereign states include a failure to protect the mining site from unrest.
- If you are investing in a country, first check that your country has a treaty in place with that country.
- Using holding companies is an effective way to better utilise treaties.
- Ask the hard questions. Think about what could go wrong, what your rights would be and how to strengthen them.
- Be very careful about what you say in public and to governments.
- As soon as things start to go wrong consult a lawyer. They will help you to put together a strategic response to secure the best possible outcome.
- Resource nationalism is a powerful force that underpins many disputes.
- Treaties make it hard for states to cease assets off of companies because they are foreigners.
BEST MOMENTS
‘Being a lawyer is being a perpetual student, you are always having to learn new industries. ´
‘It is not just risky jurisdictions that you need to be wary of.’
‘They should watch what they say to the government and recognise that there´s going to be diminishing returns when interacting with the government.’
EPISODE RESOURCES
Website: https://www.bsfllp.com/
LinkedIn: https://www.linkedin.com/company/boies-schiller-&-flexner-llp
VALUABLE RESOURCES
Email: rob@mining-international.org
Website: https://www.mining-international.org/
LinkedIn: https://www.linkedin.com/in/rob-tyson/
Twitter: https://twitter.com/MiningRobTyson
Facebook: https://www.facebook.com/DigDeepTheMiningPodcast/
Instagram: https://www.instagram.com/theminingpodcast/
YouTube: https://www.youtube.com/c/DigDeepTheMiningPodcast/videos
ABOUT THE HOST
Rob Tyson is an established recruiter in the mining and quarrying sector and decided to produce the “Dig Deep” The Mining Podcast to provide valuable and informative content around the mining industry. He has a passion and desire to promote the industry and the podcast aims to offer the mining community insight into people's experiences and careers covering any mining discipline, giving the listeners helpful advice and guidance on industry topics.
Rob is the Founder and Director of Mining International Ltd, a leading global recruitment and headhunting consultancy based in the UK specializing in all areas of mining across the globe from the first world to third world countries from Africa, Europe, the Middle East, Asia, and Australia. We source, headhunt, and discover new and top talent through a targeted approach and search methodology and have a proven track record in sourcing and positioning exceptional candidates into our client's organizations in any mining discipline or level.
Mining International provides a transparent, informative, and trusted consultancy service to our candidates and clients to help them develop their careers and business goals and objectives in this ever-changing marketplace.
Podcast Description
Rob Tyson is an established recruiter in the mining and quarrying sector and decided to produce the “Dig Deep” The Mining Podcast to provide valuable and informative content about the mining industry. He has a passion and desire to promote the industry and the podcast aims to offer the mining community an insight into people’s experiences and careers covering any mining discipline, giving the listeners helpful advice and guidance on industry topics.
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