Mining Practice

Representative Experience
Related People

Hughes Hubbard’s Mining Practice advises mining companies, financial institutions, investors and sovereign stakeholders across the full lifecycle of a mining project, from early-stage exploration through development, financing, construction, operations, restructuring and exit. Our lawyers represent clients ranging from junior explorers to major multinational producers, as well as lenders, sponsors, streaming and royalty companies, and private equity investors involved in mining projects worldwide, and we regularly act on both equity and debt financings, funding mining assets at each stage of maturity.

The practice brings together deep experience in project development and permitting, acquisition and development finance, project and structured finance, streaming and royalty financings, reserve-based lending, mergers and acquisitions, joint ventures, international arbitration, regulatory compliance, investigations, and crisis management. This breadth allows us to support clients not only in advancing mining projects, but also in designing financing strategies aligned with project risk, jurisdictional realities, and lifecycle stage, particularly in emerging and high-risk jurisdictions where regulatory change, government action, community relations, and ESG considerations play a central role.

Our approach is strategic and integrated. We advise clients holistically, with a focus not only on legal execution, but also on sequencing development, financing, and operational decisions over time, risk allocation between sponsors and capital providers, regulatory exposure, enforcement strategy, reputational considerations, and long-term commercial objectives. Whether structuring an initial acquisition, financing construction or expansion, refinancing operating assets, responding to government action, or managing a distressed situation or exit, we work closely with clients to navigate uncertainty and protect value throughout the life of a mining investment.

Representative Experience

Mining Finance, Development and Transactions

The firm represents lenders, sponsors and mining companies in development‑stage, construction‑stage and operating‑asset financings, as well as acquisitions, divestitures and joint ventures involving mining assets worldwide. Our experience spans project finance, reserve‑based lending, streaming and royalty arrangements, sustainability‑linked financings, and cross‑border M&A, often in jurisdictions presenting heightened political or regulatory risk.

Canadian Imperial Bank of Commerce, and a syndicate of international lenders, in a secured revolving credit facility established in favor of Capstone Copper Corp. and Capstone Mining Corp., Canadian copper producers, concurrent with their $3.6 billion merger with Mantos Copper, including repayment of existing Glencore Chile SpA debt and negotiation of government contracts, direct agreements, and concession agreements.
The Bank of Nova Scotia, as Administrative Agent for a syndicate of international lenders, in a $2 billion revolving credit facility for Wheaton Precious Metals Corp., with interest‑rate pricing linked to sustainability‑related ESG performance targets.
Sprott Resource Streaming and Royalty Corp. and Ontario Teachers’ Pension Plan in the purchase of a secured note from KSM Mining ULC, exchangeable at maturity for a 60% gross silver royalty on the KSM project in northern British Columbia for $225 million.
The firm also advises clients on development agreements, stability arrangements, offtake contracts and host‑government negotiations critical to advancing mining projects from feasibility through construction and operations.

International Arbitration, Disputes and Crisis Management

The firm represents sovereign states and mining companies in high‑stakes international arbitrations involving mining concessions, permitting, project suspensions, contract terminations, operational disruptions and alleged expropriation of multibillion‑dollar assets. The team also advises on dispute‑prevention strategies and coordinated crisis response affecting major mining operations.

Panama, in the strategic mitigation, coordination, and defense of seven commercial and investment arbitrations arising from Panamanian Supreme Court judgments and governmental measures affecting Panama's mining sector and the Cobre Panamá project, including proceedings brought by First Quantum Minerals, KOMIR, Franco-Nevada, Petaquilla Minerals, Orla Mining and Minera Panamá, involving claims exceeding $27 billion and resulting in the dismissal or suspension of multiple proceedings to date.
Colombia, in the Continental Gold v. Colombia ICSID investment arbitration, concerning armed conflict involving drug cartel groups and the alleged breach of the Canada-Colombia Free Trade Agreement with respect to one of the world's largest ultra-high-grade gold mines.
Crystallex International, a Canadian mining company, in its $1.4 billion victory against Venezuela in an ICSID dispute involving a gold mining project, one of the largest awards in the history of investment treaty arbitration.
Peru, in the Renco/Doe Run arbitrations concerning a metallurgical complex and alleged environmental liabilities, defending claims arising from the privatization, operation and remediation of a major mining and metals facility, including related commercial and investment treaty proceedings.

Regulatory, ESG, Compliance and Operational Risk

The firm advises mining and natural resources clients on regulatory compliance and operational risk throughout the life of a mining asset, including sanctions, anti‑corruption, supply‑chain integrity, community and stakeholder engagement, and ESG‑driven regulatory and stakeholder requirements. The team conducts enhanced due diligence, compliance program design, and transaction‑related risk assessments, and supports clients responding to investigations and enforcement actions.

A multinational energy company with significant mining rights, in a global review of its anti‑corruption compliance program under the U.S. FCPA, UK Bribery Act, French Criminal Code, and Sapin II requirements, including a review of operations across Europe, Asia, Africa, the Middle East, Central Asia, Oceania and the Americas.
A multinational mining company, in its entanglement with a Russian partner sanctioned by the United States and others, including assistance in designing and proposing to regulators a compliant exit of the sanctioned interests.
An oil retail company, in enhanced due diligence on several large mining companies operating in Western and Sub‑Saharan Africa, India and China, including diligence for contemplated mergers and acquisitions and review of long‑term supply contracts.

Distress, Restructuring and Exit

The firm advises mining companies, investors and creditors on distressed mining situations, including project suspensions, insolvency‑related issues, debt restructurings, enforcement of security, asset sales and strategic exits. We regularly coordinate transactional, disputes and regulatory strategies to preserve value and manage risk where projects face financial, political or operational stress.