Metal & Mining Dispute Arbitrator
HARSHAVARDHAN SANCHETI
SECTOR — METALS & MINING
Metals & Mining
Dispute Arbitrator
International arbitration specialist for mining concession disputes, resource nationalization, critical minerals licensing, metals supply and offtake agreements, joint venture conflicts and investor-state claims across gold, copper, lithium, cobalt, nickel and rare earth sectors under any governing law and across all major arbitration seats.
ABOUT THIS PRACTICE
Independent arbitrator for the full metals & mining spectrum
Mining disputes demand more than procedural familiarity. They require a practitioner who understands the commercial realities of a producing mine, the risk structure of a long-term critical minerals offtake agreement and the regulatory architecture that governs cross-border mining concessions.
Harshavardhan Sancheti accepts appointments as sole arbitrator or as a member of an arbitral tribunal in metals and mining disputes across precious metals, base metals, bulk commodities and critical minerals. Cases range from mining concession cost-recovery conflicts to investor-state expropriation claims under bilateral investment treaties handled with commercial rigour and procedural efficiency.
Appointments are accepted under all leading institutional rules and on an ad hoc basis under UNCITRAL. Parties, counsel and arbitration institutions are welcome to submit enquiry requests directly.
Arbitral Institutions
- ICC
- LCIA
- SIAC
- AAA-ICDR
- DIAC
- ICSID
- PCA
- UNCITRAL
- SCC
PRACTICE AREAS
Metal & Mining disputes handled by the International Arbitrator
The full spectrum of metals and mining sector arbitration from exploration licences to metals trading and supply agreement conflicts under any governing law chosen by the parties.
Mining Concessions & Licensing
Disputes arising from mining concession agreements, exploration licences, production licences, host government agreements and mineral development agreements. Covers cost-recovery disputes, royalty calculations, area relinquishment and state / private company conflicts.
Concession disputes · Royalty conflicts · Licence renewal · Area relinquishment · Host government agreements
Critical Minerals & Battery Metals
Arbitration of long-term lithium, cobalt, nickel, rare earth and copper supply agreements, take-or-pay obligations, price revision mechanisms, offtake agreement breaches and export restriction disputes arising from resource nationalism.
Take-or-pay claims · Price review · Export restrictions · Force majeure · Offtake breaches
Precious & Base Metals Trading
Disputes under gold, silver, platinum, copper, aluminium and zinc commodity contracts, spot, forward and long-term supply including delivery failures, pricing disputes, LME-linked contract conflicts and commodity swap agreement claims.
Gold supply agreements · LME-linked disputes · Delivery failures · Hedging contracts · Commodity swaps
Resource Nationalization & Expropriation
Investment treaty arbitration under ICSID, bilateral investment treaties and regional investment agreements involving nationalization of mining assets, windfall royalty measures, retroactive changes to mining codes and forced local ownership requirements.
ICSID proceedings · BIT arbitration · Expropriation claims · Windfall tax · Fair & equitable treatment
Mining Joint Ventures
Shareholder disputes in international mining JVs, deadlock resolution, exit mechanisms, pre-emption rights, dilution disputes and farm-in/earn-in agreement conflicts. Covers both incorporated and unincorporated JV structures across all mineral sectors.
Farm-in / Earn-in · Deadlock clauses · Pre-emption rights · JV governance · Dilution disputes
ESG & Environmental Mining Disputes
Disputes arising from Islamic finance structures including murabaha, musharakah, ijarah, sukuk and istisna disputes where Shari'a compliance, governing law and enforcement questions intersect. Covers Islamic syndicated finance, sukuk default and restructuring disputes, Islamic project finance conflicts, takaful disagreements and Islamic fund investment disputes under English, UAE, Malaysian and Saudi law.
Environmental permits · Water rights · Social licence · Carbon credits · Community agreements
Mining Infrastructure & EPC
EPC contract disputes on mine construction, processing plant projects, tailings storage facilities, conveyor and rail infrastructure including delay claims, cost overruns, performance guarantee enforcement and contractor insolvency.
EPC disputes · Cost overruns · Delay claims · Completion guarantee · Performance bonds
Mining Finance & Project Disputes
Disputes in project finance transactions for mining assets lender/borrower conflicts, intercreditor disputes, streaming agreement enforcement, royalty financing disagreements and export credit agency-backed financing conflicts.
Project finance · Streaming disputes · Royalty financing · ECA disputes · Security enforcement
GEOGRAPHIC REACH
Key Jurisdictions & Seats
Deep expertise in the governing law, regulatory framework and mining sector structure of each jurisdiction, not merely procedural familiarity.

Canada
AAA-ICDR • LCIA • ICC • Commercial Arbitration Act

Africa — DRC, Zambia, Mali, Ghana
ICSID • OHADA • PCA • UNCITRAL

Latin America — Peru, Chile, Mexico
ICSID • UNCITRAL • CAMCCBC • CIAC

India
MCIA • DIAC • ICA
• Arbitration & Conciliation Act 1996 (as amended 2021)

UAE — Dubai & Abu Dhabi
DIAC 2022 • DIFC-LCIA • ICC

Germany
DIS Rules 2018 • ZPO • BBergG
INSTITUTIONS & RULES
Where appointments are accepted
Deep procedural expertise in every major international mining arbitration institution, specialist knowledge of mining-specific practice within each rule set.
| INSTITUTION | RULES | MINING STRENGTHS | KEY AREAS |
|---|---|---|---|
| ICC – International Court of Arbitration | ICC 2021 | Multi-party proceedings; scrutiny of awards; Terms of Reference procedure | Mining M&A disputes, Cross-border JVs, Concession conflicts |
| LCIA – London Court of International Arbitration | LCIA 2020 | Speed and efficiency; emergency arbitrator; English law expertise | Metals trading, North Sea, Precious metals offtakes |
| SIAC – Singapore International Arbitration Centre | SIAC 2016 | Primary Asia-Pacific gateway; advanced expedited procedures; highly efficient multi-party consolidation | Asia-critical minerals (lithium, rare earths), Australian iron ore and copper JVs, regional coal trade corridors |
| ICSID – Intl Centre for Settlement of Investment Disputes | ICSID 2022 | Investor-State; World Bank enforcement; BIT and expropriation claims | Resource nationalization, BIT claims, Concession expropriation |
| PCA – Permanent Court of Arbitration | PCA 2012 | State-to-state and investor-state; flexible procedures; intergovernmental | State mining contracts, Sovereign disputes, BIT arbitration |
| AAA-ICDR | ICDR 2021 | US federal courts recognition (FAA); preferred for North American mining | US copper, gold and lithium disputes, USMCA mining claims |
| DIAC – Dubai International Arbitration Centre | DIAC 2022 | MENA seat; DIFC & ADGM courts enforcement; GCC preferred venue | MENA critical minerals, Gulf metals trade, UAE JVs, Africa–Asia green mineral trading corridors routed through the UAE |
| UNCITRAL – Ad hoc | UNCITRAL 2013 | Maximum party autonomy; used in state contracts and BITs | State mining contracts, NOC disputes, Bilateral treaties |
| SCC – Stockholm Chamber of Commerce | SCC 2023 | Nordic expertise; expedited procedure | Nordic critical mineral mining (Sweden/Finland), European green battery value chains, legacy Eastern European mine disputes |
HOW IT WORKS
How an arbitration is conducted
From accepting appointment to issuing a final award, a disciplined, commercially informed process built around the realities of mining disputes is followed:
01
Accepting Appointment
The dispute clause, conflict check and proposed terms of appointment are reviewed and acceptance as sole arbitrator or tribunal member promptly confirmed.
01
Case Management
A procedural timetable tailored to the mining dispute, addressing document production, expert geological evidence, pleadings and hearing dates, is issued.
03
Hearing & Submissions
The hearing is conducted with rigour, examining factual and expert witnesses including technical mining experts and ensuring each party has a full and fair opportunity.
04
Deliberation
The evidence and legal submissions are analyzed with independent judgement, drawing on deep familiarity with mining sector commercial practice and applicable law.
05
Award & Enforcement
A reasoned, enforceable award is issued. Where required, enforcement routes under the New York Convention 1958 across 172 signatory states are advised.
This document is for informational purposes only and does not constitute legal advice. Engaging the services of Harshavardhan Sancheti requires a formal engagement agreement.
Facing a metals or mining dispute?
Submit an enquiry to discuss appointment as sole arbitrator or tribunal member.
