The Firm is actively involved in international transactions relating to the mining industry. This practice has included privatizations, mergers and acquisitions, joint ventures, debt and equity financings, tax issues, transportation transactions, antitrust/competition law, environmental regulation, and international litigation and arbitration. Examples of the Firm’s international experience in the mining industry include the following:
- Representation of one of the world’s largest commodity trading organizations in its financing of and investing in mines, including the negotiation and preparation of a project bond offering to finance a 40% interest in what will be the fifth largest nickel/cobalt mine in the world.
- Analysis and advice to a leading international mining concern relating to the legal regime applicable to mining operations in various Latin American countries, including comparison and evaluation of various forms of doing business, joint-venture agreements, capitalization and financing issues, use of affiliated entities and international tax planning.
- Representation of a major Mexican mining company in connection with a joint venture with a multinational mining company to jointly exploit copper, gold, silver, zinc and lead mines in northern Mexico, including preparation of the corresponding joint venture documents, as well as exploration, exploitation and minerals sales agreements.
- Preparation of lease agreement, security agreement, mortgage and distributorship agreement with a company that was being established to purchase and operate a previously dormant copper mine in the United States, including environmental due diligence.
- Negotiation and preparation of financing agreements and commercial agreements for offtake involving a U.S. coal mine.
- Negotiation and preparation of an output contract with the second largest zinc and lead concentrate mine in the world.
- Preparation of financing agreements, government development bank financing guarantees, equipment purchase contracts, port management agreements, OPIC insurance contract and shareholder agreements for a joint venture formed for the construction of a bauxite mine, railway and port facility in Guinea, West Africa, and general representation of the joint venture over a period of many years.
- Representation of lenders to Southern Peru Copper Corporation, a copper mining project in Peru.
- Representation of potential investors in diamond mining ventures in Africa.
- Long-term representation of an iron ore mining venture in Liberia.
Partners & Counsel
The following partners and counsel practice in this area: