Mining licence revocations and resource nationalism measures in Guinea, Mali, Burkina Faso, and Latin America have generated a surge of commercial and investment treaty disputes in 2024-2026.
Political risk experts analyse the political motivations behind licence actions, whether proper legal process was followed, discrimination against foreign investors, and consistency with treaty obligations.
These disputes frequently combine expropriation, FET, and full protection and security claims requiring integrated political and legal analysis.
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Frequently Asked Questions
What evidence does a tribunal need in a mining licence revocation dispute?
Tribunals need evidence on the political context of the revocation, the regulatory and legal process followed, whether the investor received fair treatment compared to domestic operators, and whether the measure was a legitimate policy response or discriminatory expropriation.
Are West Africa mining disputes increasing?
Yes. Military coups and policy shifts in Guinea, Mali, and Burkina Faso have led to significant mining licence reviews and revocations, generating ICSID and commercial arbitrations requiring country-specific political risk expertise.