As the mining industry faces increasing scrutiny, shifting regulations, and evolving geopolitical challenges, arbitration has become more critical than ever in resolving disputes and safeguarding investments. That was the driving force behind the Institute for Transnational Arbitration's (ITA) 3rd Conference on International Arbitration in the Mining Sector, which brought together legal and industry leaders in Toronto on March 5-6, 2025.
Held immediately after the Prospectors & Developers Association of Canada (PDAC) conference, this event served as a global forum for discussing the latest trends, challenges, and strategies in mining arbitration. Under the leadership of ITA Chair Chip Brower and conference co-chairs Simon Greenberg (Clifford Chance, Paris), Santiago Montt (Los Andes Copper Ltd., Santiago), and Martin J. Valasek (Bennett Jones, Toronto), attendees explored the intersection of mining, law, and international dispute resolution.
Photo: ITA Chair Chip Brower delivers opening remarks at the 2025 Conference on International Arbitration in the Mining Sector.
Participants praised the quality of the speakers, the relevance of the topics, and the mix of legal and industry professionals in attendance. The conference fostered engaging discussions, valuable networking opportunities, and practical insights for navigating arbitration in the mining sector. As one attendee put it, the event delivered a “good mix of lawyers, experts, and industry personnel”, while others highlighted the “engaging topics and knowledgeable speakers” that made the discussions so impactful.
Photo: Panelists discuss the “Social License to Operate” and its evolving role in mining arbitration during a dynamic second session of the conference.
Across two days of conversations, some of the standout themes included:
- Navigating Investment Risks – With shifting regulations, tariffs, and political influences, arbitration remains essential for stabilizing investment in the mining industry.
- The Social License to Operate – As community and environmental concerns grow, disputes related to sustainability and corporate responsibility are becoming increasingly common in arbitration.
- The Global Energy Transition & Critical Minerals – As demand for lithium, nickel, and rare earth elements surges, supply chain disputes and investment challenges are reshaping the arbitration landscape.
- The Evolving Legal Framework – With mining disputes crossing jurisdictions, arbitration is becoming more complex, requiring careful navigation of local, international, and soft law principles.
Beyond the panels, the Young ITA Roundtable provided an important space for early-career practitioners to connect with experienced arbitrators, reinforcing ITA’s commitment to building the next generation of dispute resolution leaders. The event closed with remarks from ITA Director and The Center for American and International Law (CAIL) President Thomas (T.L.) Cubbage, who reflected on the importance of international arbitration in keeping the mining sector stable and investment-friendly.
Photo: Panelists explore ESG, compliance, and contractual tools to future-proof commercial arbitration in the mining industry.
With mining at the center of global economic and environmental shifts, arbitration will continue to play a critical role in managing disputes and shaping the industry’s future. As this year’s conference demonstrated, ITA remains a leader in fostering meaningful discussions, driving innovation, and helping stakeholders navigate what’s next.