Mining and Natural Resources

Mining and Commodities

The mining and commodities industry is fraught with challenging and complex obstacles including resource nationalism, the detailed and often specific country varying practices for acquisition, exploration licences and mine leases, acquisition of licences and the complex regulation of the industry. The Khan Partnership provides expert advice on these issues and more, arising in the context of greenfield or brownfield ventures, new projects or long-standing operations, and whether or not they involve litigation, arbitration or other forms of dispute resolution in key global jurisdictions.

The Khan Partnership has over two decades of experience in this complex area and therefore advises at every stage of the supply chain, dealing with preliminary issues of licencing and exploration through to the final matters of mining plan implementation, marketing, trading, and advising on all issues from standard trading and commercial matters to challenging international sanctions.

Much of the work undertaken by The Khan Partnership is multi-jurisdictional, with particular emphasis on projects in Southern and Western Africa. Our combination of extensive international experience, depth of industry knowledge and global network of connections to local experts allows us to provide targeted and reliable advice on even the most diverse and complex of matters to natural resource owners, junior miners, large corporates, shippers, investors, financiers and commodity traders.

Our expertise includes:

• Acquisitions and disposals of mining assets

• Exploration and extraction licences

• Mining leases

• Construction and financing of projects

• Off-take agreements and commodities trading contracts

We also have substantial expertise in advising on commodities and natural resource disputes, including cross border and multi-jurisdictional disputes. We regularly design and pursue effective dispute resolution strategies through international arbitration and litigation in the Higher Courts.

Horlick and others v Mr Diogo Jose Henriques Cavaco and others

Claim Number QB-2019-003679

Acting for a group of English investors in a valuable mineral sands mining venture in Mozambique, in litigation in England for the recovery of loans and performance under contracts as well as globally in relation to litigation in Mozambique for associated shareholdings in project companies.

The Claimants provided financial, legal and strategic advice over a number of years, advanced considerable funds by way of loans, incurred significant costs and expenses in respect of matters

including prior UK legal proceedings over title to mineral assets, and generally provided funding for mining projects, in particular a Mining Licence over the Naburi and Moebase mineral sands concession in the Republic of Mozambique.

Following a breakdown of the commercial relationship, TKP was instructed and subsequently issued legal proceedings on behalf of the Claimants in the English High Court in October 2019 against various parties including an individual former director and related corporate entities. The claim is based on various loan and other agreements entered into by the parties between 2012 and 2015 and is valued at approximately £2.5 million plus accrued interest.

TKP have also instructed local lawyers in Mozambique to advise on the position and pursue complementary action locally for a substantial shareholding in the licence-holder project company, confidentially valued at many million US Dollar.

 

Pineway Limited and Tecsbaco International Company Limtied v London Mining PLC and London Mining Company Limited – Claim Number 2012-Folio-446

Acted for a company incorporated in Sierra Leone in a complex $120 million royalty claim against London Mining Plc, a UK AIM listed mining company.

The Government of Sierra Leone granted a Sierra Leone company mineral extraction rights to a valuable iron ore mine in Sierra Leone. The company subsequently assigned these rights to London Mining Company Limited, a subsidiary of London Mining Plc, then a UK stock market listed entity.

London Mining declined to pay royalties and TKP issued proceedings in the English Commercial Court on behalf of our client. The claim was valued around $120 million. London Mining’s counterclaim alleged that breach various covenants with a gross value of $800 million to $1.26 billion.

Favourable Settlement Agreement was reached resulting in a Court approved Order for recovery of 25 years of royalties for our clients, exceeding $100 million.

 

Diamond Mining Venture in DR Congo

Advised an Arab government on recovery of its investments, exceeding USD 50 million, in diamond mining ventures in the Democratic Republic of the Congo, including acting in litigation against a subsequent mine owner before the English High Court.

Centaur

Acting in proceedings over a shareholding in an international corporate group with extensive investments in the mining, natural resources and agricultural sectors including in particular coal mining interests in South Africa.

Assembled and lead a multi-jurisdictional team to pursue our client’s claim, instructing leading Queen’s Counsel in London, together with leading law firms internationally. TKP issued an unfair prejudice claim before the Bermudan Supreme Court against seven defendants, and successfully pursued interim applications in our client’s favour. This case is interwoven with global political events, including the South Africa process of State of Capture, in addition to litigation strategies of investigation and multi-jurisdictional Court action.

 

Various Junior Mining Companies on Confidential Projects in West Africa

Advising on exploration and mining licence applications of varying sizes for minerals including Aluminium, Bauxite, Iron Ore and Manganese.

Assisting throughout the licencing and application process for exploration licences and mining leases, including with exploration programmes and overcoming common obstacles such as environmental management, local community support, investor relations and financing.

 

Small-Scale Mining Projects in Zambia

Advising a Zambian mining company in relation to small-scale Manganese Ore concessions.

Advising on a mining licence acquisition involving international parties and assisting the junior mining company based in Zambia on all legal aspects of exploration, geological surveying, feasibility, mine development and operations.

Supporting trading and marketing operations by negotiating, drafting and advising on offtake agreements for product as well as trading contracts for related commodities with counterparties across the globe.

 

Large-Scale Mining Projects in Zambia

Advising an international group in relation to a large-scale Manganese Ore concession.

Assisting and advising on legal aspects of licencing process, including in liaison with local Counsel and accountants, corporate structuring, exploration programmes and environmental management. throughout the licencing and application process for exploration licences and mining leases, including with exploration programmes and overcoming common obstacles such as environmental management, local community support, investor relations and financing.

Junior Oil Exploration Company

Advised on and assisted with the implementation of an oil exploration programme off the coast of West Africa, where our client was a partner in a joint venture with well-established and stock market listed partners.

Mining and Natural Resources

Mining and Commodities

The mining and commodities industry is fraught with challenging and complex obstacles including resource nationalism, the detailed and often specific country varying practices for acquisition, exploration licences and mine leases, acquisition of licences and the complex regulation of the industry. The Khan Partnership provides expert advice on these issues and more, arising in the context of greenfield or brownfield ventures, new projects or long-standing operations, and whether or not they involve litigation, arbitration or other forms of dispute resolution in key global jurisdictions.

The Khan Partnership has over two decades of experience in this complex area and therefore advises at every stage of the supply chain, dealing with preliminary issues of licencing and exploration through to the final matters of mining plan implementation, marketing, trading, and advising on all issues from standard trading and commercial matters to challenging international sanctions.

Much of the work undertaken by The Khan Partnership is multi-jurisdictional, with particular emphasis on projects in Southern and Western Africa. Our combination of extensive international experience, depth of industry knowledge and global network of connections to local experts allows us to provide targeted and reliable advice on even the most diverse and complex of matters to natural resource owners, junior miners, large corporates, shippers, investors, financiers and commodity traders.

Our expertise includes:

• Acquisitions and disposals of mining assets

• Exploration and extraction licences

• Mining leases

• Construction and financing of projects

• Off-take agreements and commodities trading contracts

We also have substantial expertise in advising on commodities and natural resource disputes, including cross border and multi-jurisdictional disputes. We regularly design and pursue effective dispute resolution strategies through international arbitration and litigation in the Higher Courts.

Horlick and others v Mr Diogo Jose Henriques Cavaco and others

Claim Number QB-2019-003679

Acting for a group of English investors in a valuable mineral sands mining venture in Mozambique, in litigation in England for the recovery of loans and performance under contracts as well as globally in relation to litigation in Mozambique for associated shareholdings in project companies.

The Claimants provided financial, legal and strategic advice over a number of years, advanced considerable funds by way of loans, incurred significant costs and expenses in respect of matters

including prior UK legal proceedings over title to mineral assets, and generally provided funding for mining projects, in particular a Mining Licence over the Naburi and Moebase mineral sands concession in the Republic of Mozambique.

Following a breakdown of the commercial relationship, TKP was instructed and subsequently issued legal proceedings on behalf of the Claimants in the English High Court in October 2019 against various parties including an individual former director and related corporate entities. The claim is based on various loan and other agreements entered into by the parties between 2012 and 2015 and is valued at approximately £2.5 million plus accrued interest.

TKP have also instructed local lawyers in Mozambique to advise on the position and pursue complementary action locally for a substantial shareholding in the licence-holder project company, confidentially valued at many million US Dollar.

 

Pineway Limited and Tecsbaco International Company Limtied v London Mining PLC and London Mining Company Limited – Claim Number 2012-Folio-446

Acted for a company incorporated in Sierra Leone in a complex $120 million royalty claim against London Mining Plc, a UK AIM listed mining company.

The Government of Sierra Leone granted a Sierra Leone company mineral extraction rights to a valuable iron ore mine in Sierra Leone. The company subsequently assigned these rights to London Mining Company Limited, a subsidiary of London Mining Plc, then a UK stock market listed entity.

London Mining declined to pay royalties and TKP issued proceedings in the English Commercial Court on behalf of our client. The claim was valued around $120 million. London Mining’s counterclaim alleged that breach various covenants with a gross value of $800 million to $1.26 billion.

Favourable Settlement Agreement was reached resulting in a Court approved Order for recovery of 25 years of royalties for our clients, exceeding $100 million.

 

Diamond Mining Venture in DR Congo

Advised an Arab government on recovery of its investments, exceeding USD 50 million, in diamond mining ventures in the Democratic Republic of the Congo, including acting in litigation against a subsequent mine owner before the English High Court.

Centaur

Acting in proceedings over a shareholding in an international corporate group with extensive investments in the mining, natural resources and agricultural sectors including in particular coal mining interests in South Africa.

Assembled and lead a multi-jurisdictional team to pursue our client’s claim, instructing leading Queen’s Counsel in London, together with leading law firms internationally. TKP issued an unfair prejudice claim before the Bermudan Supreme Court against seven defendants, and successfully pursued interim applications in our client’s favour. This case is interwoven with global political events, including the South Africa process of State of Capture, in addition to litigation strategies of investigation and multi-jurisdictional Court action.

 

Various Junior Mining Companies on Confidential Projects in West Africa

Advising on exploration and mining licence applications of varying sizes for minerals including Aluminium, Bauxite, Iron Ore and Manganese.

Assisting throughout the licencing and application process for exploration licences and mining leases, including with exploration programmes and overcoming common obstacles such as environmental management, local community support, investor relations and financing.

 

Small-Scale Mining Projects in Zambia

Advising a Zambian mining company in relation to small-scale Manganese Ore concessions.

Advising on a mining licence acquisition involving international parties and assisting the junior mining company based in Zambia on all legal aspects of exploration, geological surveying, feasibility, mine development and operations.

Supporting trading and marketing operations by negotiating, drafting and advising on offtake agreements for product as well as trading contracts for related commodities with counterparties across the globe.

 

Large-Scale Mining Projects in Zambia

Advising an international group in relation to a large-scale Manganese Ore concession.

Assisting and advising on legal aspects of licencing process, including in liaison with local Counsel and accountants, corporate structuring, exploration programmes and environmental management. throughout the licencing and application process for exploration licences and mining leases, including with exploration programmes and overcoming common obstacles such as environmental management, local community support, investor relations and financing.

Junior Oil Exploration Company

Advised on and assisted with the implementation of an oil exploration programme off the coast of West Africa, where our client was a partner in a joint venture with well-established and stock market listed partners.

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