Part III Practice and Procedure, 14 Advocacy in International Mining Disputes

Abstract

Parties involved in an international mining dispute will want to make sure they are not only adequately represented by counsel, but have the best advocates possible. The effective presentation of the client’s claims and/or defences by counsel generally includes written advocacy (pleadings, memorials, and post-hearing submissions, if any); conveying the client’s position (i.e., “telling the story”) through written witness testimony or examination of the other side’s witnesses; and putting forth expert testimony on topics where such testimony may be necessary to help the arbitral tribunal understand key issues including, almost invariably, damages. This chapter discusses key advocacy concepts as they relate to mining disputes, with a particular focus on damages and valuation issues relevant to disputes in the mining sector.