4th ITA Conference on International Arbitration in the Mining Sector

Overview

Join us in Toronto for the fourth 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

Stephen Crozier
Thesis Gold
Vancouver, BC, Canada

Kiera Gans
DLA Piper
New York, New York, USA

Ben Love
Baker Botts
Houston, Texas, USA

Sylvia Tonova
Pinsent Masons
London, United Kingdom

Roundtable Co-Chairs

Alexis Foucard
Clifford Chance
Paris, France

Ekin Cinar
Dentons
Toronto, Ontario, Canada

Schedule and Faculty

Wednesday, March 4

2:00-2:45 pm - NETWORKING COFFEE & REGISTRATION

2:45-3:00 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

3:00-3:15 pm - WELCOME TO THE ROUNDTABLE

• Alexis Foucard, Clifford Chance, Paris, FRA
• Ekin Cinar, Dentons, Toronto, ON, CAN

3:15-4:15 pm - REGIONAL APPROACHES TO FACILITATING NEW PROJECTS AND MITIGATING RISK

This panel will explore how different global jurisdictions are shaping legal environments to facilitate investments in the mining sector. The discussion will cover substantive reforms, such as investment incentives and streamlined permitting, as well as procedural changes that affect how disputes are resolved. The discussion will also examine risks of conflict that can arise from such reforms, including regulatory uncertainty, sustainability demands, and evolving obligations toward local communities. Panelists will discuss how governments seek to balance investor protection with changing policy priorities and how businesses respond.

Moderator: Alexis Foucard, Clifford Chance, Paris, France

Panelists:

• Arnaud Tshibangu Mukendi, Bennai & Associés LLP, Kinshasa, Democratic Republic of the Congo
• Benjamin Gallezot, Government of France, Paris, France
• Additional panelists to be invited

4:20-5:20 pm - WHAT’S NEW IN THE ENFORCEMENT OF JUDGMENTS AND ARBITRAL AWARDS: SECTOR-SPECIFIC CHALLENGES

This session will unpack recent trends and challenges in the enforcement of judgments and arbitral awards, with a spotlight on regional divergences in court practices, evolving interpretations of public policy, and sovereign immunity defenses. The panel will consider sector-specific issues, including how enforcement plays out in the context of natural resources and mining disputes, where states and state-owned entities are often parties and enforcement efforts frequently intersect with geopolitical sensitivities.

Moderator: Ekin Cinar, Dentons Canada LLP, Toronto, CAN

Panelists:

• Christiane Deniger, Burford Capital, London, United Kingdom
• Jacques-Alexandre Genet, Archipel, Paris, France
• Amanda Fullerton, Denarius Metals, Toronto, Canada
• Stephen Drymer, Woods LLP, Montreal, Canada

5:20-5:25 pm - DAY 1 CLOSING REMARKS

• Thomas (T.L.) Cubbage, Institute for Transnational Arbitration / The Center for American and International Law, Plano, TX, USA

6:15-8:15 pm - CONFERENCE EVENING SOCIAL

Networking Event with Heavy Hors D’oeuvres – All Conference Registrants Invited (venue to be confirmed)

Thursday, March 5

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

9:15-10:15 am - PRE-INVESTMENT ALIGNMENT: DRAFTING AGREEMENTS THAT ANTICIPATE CHANGE BY INTEGRATING GOVERNMENT, COMMUNITY AND INVESTOR INTERESTS

This panel will explore best practices for investors in development projects to structure agreements that anticipate social, environmental, and political risks. The discussion will cover how proponents should map such risks and integrate mechanisms into foundational instruments to enable dynamic risk management and mitigation as projects advance through development. Attention will be given to investor-state agreements, including treaty considerations, as well as key commercial agreements (e.g., offtake, streaming, etc.). The panel will also discuss establishing and maintaining relationships with governments and communities as critical components of pre-investment alignment, including considerations of FPIC and community benefit mechanisms in project agreements.

Moderator: Kiera Gans, DLA Piper, New York, New York, USA

Panelists:

• Xavier Andrade Cadena, AVL Abogados, Quito, Ecuador
• Jonathan Dickman, DPM Metals, London, United Kingdom
• Kate Southwell, Anglo-American, London, United Kingdom
• Additional panelists to be invited

10:15-10:40 am - NETWORKING BREAK

10:40-11:40 am - EARLY CRISIS MANAGEMENT: DETECTING AND DIFFUSING DISPUTES IN REAL TIME

Disputes on large, complex projects are inevitable. The probability of achieving the best possible outcome for investors when disputes arise can be materially improved through early detection and proactive engagement. This panel will delve into best practices on internal monitoring and escalation protocols as well as joint crisis-response committee structures with investor-state and investor-community participants. The discussion will cover the role of external counsel in supporting dialogue while maintaining privilege and include consideration of when investors should consider involving neutral third parties or mediators.

Moderator: Sylvia Tonova, Pinsent Masons, London, UK

Panelists:

• Paul Austin, HighGate, London, United Kingdom
• Scott Little, Trade Law Bureau (JLT), Ottawa, Ontario
• Agustin Sanz, Three Crowns, Madrid, Spain
• Kate Wilford, Anglo-American, London, United Kingdom

11:40 am -12:25 pm - FIRESIDE CHAT WITH J. CHRISTOPHER THOMAS KC

• Christopher Thomas KC, J C Thomas Law Corporation, Vancouver, Canada

12:30-1:30 pm - NETWORKING LUNCHEON

1:30-2:30 pm - PARALLEL PROCEEDINGS AND EMERGING LIABILITY RISKS

Managing risk on complex projects involves active consideration of various fora in which investors may need to manage issues, ranging from state-level courts to preserve title in mineral tenements to foreign state courts in connection with environmental torts to international tribunals addressing treaty or commercial arbitration. This panel will discuss managing legal risk and disclosure obligations when parallel proceedings arise. The discussion will also consider damages questions and emerging trends in environmental class action proceedings and human rights claims, including recent developments in amici curiae applications, transparency, and third-party participation.

Moderator: Ben Love, Baker Botts, Houston, Texas, USA

Panelists:

• Tiago Duarte-Silva, Charles River Associates, Boston, Massachusetts, USA
• Loraine de Germiny, Lalive, London, United Kingdom
• David H. Weiss, Mayer Brown, Houston, Texas, USA
• Kristen Young, Willkie Farr & Gallagher LLP, Washington, D.C., USA

2:35-3:50 pm - INDUSTRIAL SCALE AND SMALL-SCALE MINING: PATHS TO CO-EXISTENCE AND RESPECT FOR ENVIRONMENTAL AND SOCIAL GOVERNANCE

Interactions between industrial scale and small-scale mining may generate varied challenges, including security, human and indigenous rights, environmental concerns, and the economic wellbeing of local operators. Domestic accommodation frameworks must be negotiated with attention to potential commercial and investor-state conflicts. While off-take arrangements with SSM can be matched with technological and management options, they should be balanced to ensure industrial operators do not transgress counterparty covenants. Because SSM activity near industrial operations may give to rise to compliance issues under investor-state agreements, accommodation frameworks require careful engagement with state officials, police, and military, as well as indigenous populations.

Moderator: Stephen Crozier, Thesis Gold, Vancouver, BC, CAN

Panelists:

• María Isabel Aillón-Vásconez, Pérez Bustamante & Ponce, Quito, Ecuador
• Kevin D'Souza, KD Consulting, Toronto, Canada
• Santiago Montt, Los Andes Copper Ltd, Santiago, Chile
• Richard Oppong, Osgoode Hall Law School, Toronto, Canada
• Tiffany Wognaih, J.S. Held LLC, London, United Kingdom

3:50-4:10 pm - NETWORKING BREAK

4:10-5:10 pm - OEM OFFTAKE AGREEMENTS IN CRITICAL MINERALS: NEW SOURCE OF FUNDING AND POTENTIAL CONFLICTS

Original equipment manufacturers (OEMs) are increasingly working to secure supply of critical minerals through upstream offtake agreements – now an emerging source of financing for development projects that are “shovel ready” – in light of escalating geopolitical and trade risks impacting access to key production inputs. Covenants in offtake agreements increasingly cover a wide range of performance obligations, including those relating to ESG broadly considered. The panel discussion will review offtake sourcing market and emerging trends, including standard covenants. The discussion will also include consideration of the compliance context for expanded covenant packages (particularly from suppliers operating within or selling into the European market).

Moderator: Moderator to be invited

Panelists:

• Laura Hardin, BRG, Houston, Texas, USA
• Alan Hutchinson, Osler, Vancouver
• Robert Wisner, McMillan LLP, Toronto, Ontario, Canada

5:10-5:20 pm - CLOSING REMARKS

Hotel Information

The Omni King Edward Hotel
37 King Street East
Toronto, Ontario M5C 1 E9

Limited rooms are available nights of: Mar 02, 2026 - Mar 07, 2026 at the rate of CAD $439+/night. Adjacent nights may be available at hotel availability and discretion). The deadline for booking is Feb 09, 2026 (subject to availability).

Book Your Hotel

Sponsorship Opportunities

• Exposure to ITA constituents
• Recognition as a sponsor of the Networking Luncheon on the conference website, in all marketing, and at the conference
• 2 complimentary conference registrations
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

Young Lawyers Roundtable Sponsor - $2,500 USD (limited to four)

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
• 2 complimentary conference registration
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

Other Information

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