Based on our lawyers extensive practical experience GcilA considers the mining industry and its related sectors as one of our key areas of expertise. We evaluate and develop mining projects, study and weigh the environmental impacts, and monitor the proper implementation of the project. The Alliance’s team also offers our clients high-quality advice when dealing with governmental agencies regarding permits, the drafting of understanding memorandums, as well as contracts and permits for the exploitation of gold, silver, limonite, and other resources. We review claims and are always at the client’s disposal, whenever our expertise and knowledge is required. Our experience includes several mining projects on the African continent where GcilA drafted and negotiated mining permits with the local government for our clients, reviewed and assisted claims, and represented clients in the case of a dispute.
Our decades of practical experience started with the development of large diamond operations including assessments of mining, corporate, tax, and export issues. We have also been involved in multiple gold projects, providing the same kind of advice including our opinion on the complex processes of granting and renewing of permits as well as transfer of rights and joint ventures. The bulk of our mining expertise and advice in the last ten years have been in major mining projects involving important investments in mining related infrastructure such as railways, ports, power, and water production organized in an integrated manner for maximizing economic development. For these projects as well as others our mining, corporate and tax teams provide a large part of the advice in the field, collaborating with local and in-house lawyers and providing training where necessary.
GcilA drafts and negotiates detailed procedures and protocols on all key issues including environmental and social impact studies, eminent domain, and securing land rights. We understand the importance of setting up local companies and we advise on procurement, key legal, tax, employment and exchange control issues. Draft and negotiating, where necessary, a whole range of EPC and other contracts for the development of the project and the construction of the facilities is also a key part of our service portfolio within the mining sector. We have been particularly active on landmark projects and engaging with governments and IFIs for joint-action between mining companies and governments; for example the development of public roads, improvement of power and water supply to the local population and drafting and negotiation of Public-Private Partnership (PPP) contracts.
GcilA member firms further embark on ventures such as an ore-handling terminal in the South Pacific, where we participated as expert witnesses in an ICC Arbitration. The dispute focused on the responsibility for delays during the design phase and the impact on construction: missed milestone dates, late completion and additional costs.