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.

YEARS IN MINING ARBITRATION
0 +
JURISDICTIONS COVERED
0 +
DISPUTES RESOLVED
$ 0 B+
ARBITRAL INSTITUTIONS
0
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

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.

Australia

ACICA • SIAC • ICC • Arbitration Act 2010

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.

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