3rd ITA Conference on International Arbitration in the Mining Sector
-
Toronto, Canada
Registrar: +1.972.244.3403
ITA: +1.972.244.3414
Fax: +1.972.244.3401
E-Mail: ita@cailaw.org
Overview
Join us in Toronto for the third edition of the ITA Conference on International Arbitration in the Mining Sector, taking place immediately after the Prospectors and Developers Association of Canada (PDAC) conference, the mining industry’s preeminent annual event.
Conference Co-Chairs

Simon Greenberg
Clifford Chance
Paris, France

Santiago Montt
Los Andes Copper Ltd.
Santiago, Chile

Martin J. Valasek
Bennett Jones
Toronto, Canada
Schedule and Faculty
Wednesday, March 5
1:45-2:30 pm - NETWORKING COFFEE & REGISTRATION
2:30-2:50 pm - WELCOME and CONFERENCE OVERVIEW
- Charles H. (Chip) Brower II, Miller Canfield / Wayne State University, Detroit, MI, USA
YOUNG LAWYERS ROUNDTABLE
Presented by
Young ITA
2:50-3:00 pm - WELCOME TO THE ROUNDTABLE
- Ruxandra Irina Esanu, Wordstone Dispute Resolution AARPI, Paris, FRA
- T. Ryan Lax, Torys LLP, Toronto, ON, CAN
3:00-4:00 pm - HOT TOPICS IN CRITICAL MATERIALS MINING: GLOBAL PERSPECTIVES
This panel will provide a perspective on hot topics in critical materials mining from key regions of the globe, considering the perspectives of States as regulators and of private companies investing in this field.
Moderator: T. Ryan Lax, Torys LLP, Toronto, ON, CAN
Panelists:
- Simon N. Batifort, Curtis, Mallet-Prevost, Colt & Mosle LLP, New York, NY, USA
- Jeff Labonté, Natural Resources Canada, Ottawa, ON, CAN
- Ana María Ordoñez, Martínez Quintero Mendoza González Laguado & De La Rosa, Bogota, COL
4:05-5:15 pm - DEBATE – LEGAL AND EVIDENTIARY FOUNDATIONS OF THE “SOCIAL LICENSE TO OPERATE” A MINING PROJECT
The “social license to operate” is a hotly contested topic in mining arbitration and social license considerations may influence the development of mining projects. This debate will explore the legal relevance of “social license to operate” to liability analysis. It will then explore the evidentiary basis for establishing the presence or absence of a “social license to operate.”
Moderator: Ruxandra Irina Esanu, Wordstone Dispute Resolution AARPI, Paris, FRA
Panelists:
- Émilie McConaughey, LALIVE, Geneva, CH
- Diego Romero, De Gaulle Fleurance & Associés, Paris, FRA
- Laura Sinisterra, Debevoise & Plimpton LLP, New York, NY, USA
- Natalia Zibibbo, Freshfields, New York, NY, USA
5:15-5:20 pm - DAY 1 CLOSING REMARKS
- Thomas (T.L.) Cubbage, Institute for Transnational Arbitration / The Center for American and International Law, Plano, TX, USA
5:20-6:30 pm - WELCOME RECEPTION
6:45-8:30pm - CONFERENCE DINNER AT LAYLAK
SOLD OUT - Optional Ticketed Event for Conference registrants, faculty and sponsors – Space Limited
Tickets are $125 USD per person.
Laylak
25 Toronto St.
Toronto, ON M5C 2R1, Canada
Thursday, March 6
8:15-9:00 am - NETWORKING BREAKFAST & REGISTRATION
9:00-9:05 am - INTRODUCTION OF CO-CHAIRS
- Thomas (T.L.) Cubbage, Institute for Transnational Arbitration / The Center for American and International Law, Plano, TX, USA
9:05-9:15 am - WELCOME BACK
- Martin J. Valasek, Bennett Jones LLP, Montreal, QC, CAN
9:15-10:20 am - SETTING THE SCENE—SUPPLYING THE CRITICAL MINERALS THE WORLD NEEDS: RISKS AND OPPORTUNITIES OF THE ENERGY TRANSITION
This panel will delve into the evolving landscape of critical minerals mining, exploring the myriad opportunities and risks that will define the industry over the next decades. As the global shift towards decarbonizing the energy matrix intensifies, the demand for critical minerals—such as copper, lithium, cobalt, and nickel—is expected to surge significantly. However, with heightened demand comes amplified scrutiny. Social and environmental expectations surrounding the mining industry are poised to increase in parallel, necessitating proactive measures to address pollution control, biodiversity preservation, and greenhouse gas emissions. Furthermore, securing and maintaining the social license will continue to be a strategic priority, influencing the industry's operational frameworks and regulatory compliance. This session aims to provide a comprehensive, multidimensional perspective, featuring insights from senior experts across three key domains: economics, business & legal, and social & sustainability.
Moderator: Paola Cifuentes, Anglo American, Santiago, CHL
Panelists:
- Frank Nikolic, CRU, Vaughan, ON, CAN
- Macarena Vargas Losada, CODELCO, Santiago, CHL
10:20-10:40 am - NETWORKING BREAK
10:40-11:40 am - THE NEW PROTECTIONISM: SELECTED INVESTOR-STATE ISSUES ARISING FROM CRITICAL MINERALS STRATEGIES
The consensus around globalization is fracturing and voices favoring a new protectionism are ascendant. This trend was already under way for critical minerals, with jurisdictions around the world pursuing national strategies to keep these resources – which are essential for the energy transition – away from geopolitical and economic rivals. With discriminatory measures on the rise, what will this mean for existing and new mining investors? What arguments will States likely deploy to defend against claims in this space? This panel of leading experts in ISDS will explore these and other important questions related to changes in the regulatory landscape.
Moderator: Martin J. Valasek, Bennett Jones LLP, Montreal, QC, CAN
Panelists:
- Prof. Andrea Bjorklund, L. Yves Fortier Chair in Int’l Arbitration and Int’l Commercial Law, McGill University Faculty of Law, Montreal, QC, CAN
- Gaela Gehring Flores, Hughes Hubbard & Reed LLP, Washington, DC, USA
- Ben Love, Baker Botts LLP, Houston, TX, USA
11:40-11:45 am - PREVIEW OF UPCOMING ITA PROGRAMS
12:00-1:30 pm - NETWORKING LUNCHEON
1:30-2:30 pm - FUTURE-PROOFING COMMERCIAL ARBITRATION IN MINING: ESG, COMPLIANCE, AND THE EVOLVING VALUE CHAIN
As the mining industry adapts to the demands of sustainability and the energy transition, commercial arbitration is facing and will increasingly face new challenges. With ESG and compliance now extending throughout the value chain, from extraction to end-user delivery, and with end-users now directly investing in mining operations, this panel will address how these factors could reshape commercial arbitrations in the sector.
Moderator: Simon Greenberg, Clifford Chance LLP, Paris, FRA
Panelists:
- Stephen Crozier, Wyloo, Toronto, ON, CAN
- Nicole Duclos, Covington & Burling LLP, New York, NY, USA
- Aleem Ladak, PowerCo Canada, Saint Thomas, ON, CAN
2:35-3:35 pm - TECHNICALLY SPEAKING: THE EXPERT PERSPECTIVE
This panel of leading technical experts from different backgrounds will discuss the most interesting and innovative issues they have recently come across in dealing with mining disputes. They will also share tips for counsel and arbitrators based on their experience in preparing reports and testifying at hearings: what can counsel and arbitrators do better?
Moderator: Jonathan C. Hamilton, Paul Hastings LLP, Washington, DC, USA
Panelists:
- Andrew A. Brodkey, Idaho Copper Corp., Boise, ID, USA
- William L. Goodfellow, Jr., Alexandria, VA, USA
- Ian Weir, SLR Consulting, Toronto, ON, CAN
3:35-3:55 pm - NETWORKING BREAK
3:55-4:55 pm - PLAYING BY THE RULES: APPLICABLE LAW IN ARBITRATIONS INVOLVING CRITICAL MINERALS
This panel will explore the full range of issues in applicable law, covering both commercial and ISDS settings. How do choice-of-law clauses interact with mandatory local laws? How are soft-law instruments influencing applicable legal rules? There is also the complex interplay of national and international legal regimes. How do investment treaty tribunals avoid being turned into courts of final appeal for questions of local law? How will the legal regime governing deep-sea mining and disputes arising in that context continue to evolve?
Moderator: Diora Ziyaeva, Dentons US LLP, New York, NY, USA
Panelists:
- Nathan Eastwood, Watson Farley & Williams, Sydney, NSW, AUS
- Monique Sasson, DeliSasson, Milan, ITA
- Audley William Sheppard, KC, Twenty Essex Chambers, London, UK
5:00-5:15 pm - CLOSING REMARKS
- Charles H. (Chip) Brower II, Miller Canfield / Wayne State University, Detroit, MI, USA
6:00-8:00 pm – ICC CANADA RECEPTION
Conference registrants are invited by the ICC Canada Arbitration Committee to be its guests at a reception, sponsored by HKA and Dentons Canada LLP, immediately following the conference (no ticket required).
Dentons Canada LLP
77 King Street West, Suite 400
TD Centre Toronto ON M5K 0A1
MCLE Credit
Course ID Number: 174269468. This program is approved by the State Bar of Texas for 7.25 hours, no ethics/professional responsibility credit. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.
Hotel Information
The Omni King Edward Hotel
37 King Street East
Toronto, Ontario M5C 1 E9
- Limited rooms are available nights of: March 4, 5, 6, 2025 (adjacent nights may be available at hotel availability and discretion)
- Rate: CAD $455+/night
Sponsorship Opportunities
Canvas Bag - $9,000 USD (exclusive) - SOLD
- Exposure to ITA constituents
- Recognition as a sponsor of the Canvas Bag on the conference website, in all marketing, and at the conference
- 3 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Conference Cofffee Breaks - $6,000 USD (exclusive) - SOLD
- Exposure to ITA constituents
- Recognition as a sponsor on the conference website, in all marketing, and at the conference
- 2 complimentary conference registration (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Lanyard - $5,000 USD (exclusive) - SOLD
- Company/Firm Name on badge lanyardw
- Exposure to ITA constituents
- Recognition as Lanyard Sponsor on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
WiFi - $5,000 USD (exclusive) - SOLD
- Company/Firm Name as wifi code for conference
- Exposure to ITA constituents
- Recognition as Wifi Sponsor on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- Sponsor name included as WIFI Password (with limitations on length and venue requirements)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Charging Station - $3,500 USD (exclusive) - SOLD
- Exposure to ITA constituents
- Recognition as a sponsor on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Conference Materials (includes full page advertisement) - $3,500 USD (exclusive) - SOLD
- Full page Company/Law Firm Advertisement on the back of the Conference Materials Binder
- Exposure to ITA constituents
- Recognition as a sponsor on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Conference Dinner - $3,000 USD (limited to four)
- Exposure to ITA constituents
- Recognition as a sponsor of the Joint Conference Dinner on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Conference Luncheon - $3,000 USD (limited to four)
- Exposure to ITA constituents
- Recognition as a sponsor of the Luncheon on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Welcome Reception - $2,750 USD (limited to four)
- Exposure to ITA constituents
- Recognition as a sponsor of the Welcome Reception on the conference website, in all marketing, and at the conference
- 2 complimentary conference registration (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Conference Breakfast - $2,750 USD (limited to four)
- Exposure to ITA constituents
- Recognition as a sponsor on the conference website, in all marketing, and at the conference
- 2 complimentary conference registrations (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Young Lawyers Roundtable - $2,500 USD (Limited to five)
Presented by the Young ITA
- Exposure to ITA constituents
- Recognition as a sponsor of the Roundtable on the conference website, in all marketing, and at the conference
- 1 complimentary conference registration (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Exhibitor
Contact the ITA Director of Sponsorships for information on pricing for exhibitors (subject to available space)
- Exposure to ITA constituents
- 1 complimentary conference registration (all events, plus the ticketed Conference Dinner)
- 1 exhibition table for promotional materials
- Name/logo on the conference website with link to company page
Other Information
Photo/Audio/Video Release
Registration for or attendance at this event acknowledges consent to be recorded or photographed. We reserve the right to use any photograph/video taken at our events, without the expressed written permission of those included within the photograph/video. We may use the photograph/video in publications or other media material produced, used or contracted including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, annual reports, newsletters, etc. To ensure the privacy of individuals, images will not be identified using full names or personal identifying information without written approval from the photographed subject.
Nondiscriminatory Policy
The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status, sexual orientation, gender identity, or any other protected status in educational activities, scholarship programs or admissions.
Privacy Policy
We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Transnational Arbitration (ITA) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.