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65-491: As of 2018, Tenke Fungurume Mining has paid over $ 2.5 billion (USD) in payments to the public treasury and other administrative services since project inception in 2006, and currently employs over 8,000 Congolese citizens as either employees or contractors on a full-time basis. Tenke Fungurume Mining takes its name from the two neighbouring communities of Tenke and Fungurume . TFM operations are located in Fungurume, within

130-811: A bright-line "nonarbitrability" doctrine, but in the 1980s the Supreme Court of the United States reversed and began to use the act to require arbitration if included in the contract for federal statutory claims. Although some legal scholars believe that it was originally intended to apply to federal courts only, courts now routinely require arbitration due to the FAA regardless of state statutes or public policy unconscionability determinations by state courts. In consumer law , standard form contracts often include mandatory predispute arbitration clauses which require consumer arbitration . Under these agreements

195-598: A handful of countries are not parties to the New York Convention . Some other relevant international instruments are: It is often easier to enforce arbitration awards in a foreign country than court judgments. Under the New York Convention 1958 , an award issued in a contracting state can generally be freely enforced in any other contracting state, only subject to certain, limited defenses. Only foreign arbitration awards are enforced pursuant to

260-429: A claim). The United States is a notable exception to this rule, as except for certain extreme cases, a prevailing party in a US legal proceeding does not become entitled to recoup its legal fees from the losing party. Like the courts, arbitral tribunals generally have the same power to award costs in relation to the determination of the dispute. In international arbitration as well as domestic arbitrations governed by

325-492: A dispute arising out of a contract will necessarily be litigated. Arguably, either position is potentially unfair; if a person is made to sign a contract under duress , and the contract contains an arbitration clause highly favourable to the other party, the dispute may still referred to that arbitration tribunal. Conversely a court may be persuaded that the arbitration agreement itself is void having been signed under duress. However, most courts will be reluctant to interfere with

390-501: A factor contributing to the popularity of London as a seat of arbitration in international contract disputes. Consequently, the report recommends amending the International Arbitration Act 1994 to enable parties to opt for a right of appeal in their arbitration agreement, thus enabling the development of case law and providing greater certainty for parties who desire it while maintaining an absence of appeals as

455-489: A lawsuit in international courts to block both acquisitions, but dropped its objections in January 2017 after reaching an agreement for $ 100 million in compensation and additional control over future sales of equity in the mine. BHR sold its stake in the mine to China Molybdenum 2019 for $ 1.14 billion, at which time Hunter Biden owned 10% of BHR. This acquisition of the holding company meant that China Molybdenum Co, which

520-682: A mechanism was desirable to avoid possible future conflicts. The Olney-Pauncefote Treaty of 1897 was a proposed treaty between the United States and Britain in 1897 that required arbitration of major disputes. The treaty was rejected by the U.S. Senate and never went into effect. American President William Howard Taft (1909–1913) was a major advocate of arbitration as a major reform of the Progressive Era . In 1911, Taft and his Secretary of State Philander C. Knox negotiated major treaties with Great Britain and with France providing that differences be arbitrated. Disputes had to be submitted to

585-408: A neutral third party). Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings. Companies often require arbitration with their customers, but prefer the advantages of courts in disputes with competitors. Prevalent advantages of arbitration over litigation involve: Some of the disadvantages include: By their nature,

650-461: A separate law on arbitration (as is the case in England, Republic of Korea and Jordan ). In addition to this, a number of national procedural laws may also contain provisions relating to arbitration. Presently, Singapore maintains two distinct frameworks under which contractual disputes can be arbitrated, which differ primarily in regard to the extent to which parties to the proceedings may resort to

715-411: A specific legal system. These include provision indicating: Agreements to refer disputes to arbitration are generally presumed to be separable from the rest of the contract. This means that an issue of validity pertaining to the contract as a whole will not automatically vitiate the validity of the agreement to arbitrate. For example, in disputes on a contract, a common defence is to plead the contract

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780-530: Is legally binding on both sides and enforceable in local courts, unless all parties stipulate that the arbitration process and decision are non-binding. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions . In certain countries, such as the United States , arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by

845-474: Is void and thus any claim based upon it fails. It follows that if a party successfully claims that a contract is void, then each clause contained within the contract, including the arbitration clause, would be void. However, in most countries, the courts have accepted that: This protects the tribunal's ability to arbitrate beyond termination of the contract. Arguably, it is necessary to ensure that disputes are arbitrated rather than litigated—without such clause,

910-463: Is also home to one of the world's largest known copper and cobalt deposits, and is the largest copper producer in the DRC. Through the production of copper cathode and cobalt hydroxide, TFM provides metals crucial to the transportation, communications, construction, computers, medical science and many emerging technologies. TFM produced its first copper cathode in 2009. China Molybdenum stated in 2019 that

975-421: Is clearly not exhaustive. It merely points out that an Arbitral Award includes both a final award and an interim award. Although arbitration awards are characteristically an award of damages against a party, in many jurisdictions tribunals have a range of remedies that can form a part of the award. These may include: Generally speaking, by their nature, arbitration proceedings tend not to be subject to appeal, in

1040-566: Is increasing year on year. According to Michael Hay , a lawyer who specialised in North Korean law, North Korea has an advanced arbitration system even compared to developed countries, and foreign companies face an even playing field in dispute resolution. Arbitration cases could be concluded in as little as six months. According to Hay, North Korea maintains an advanced dispute resolution system in order to facilitate foreign investment. The United States and Great Britain were pioneers in

1105-498: Is possible to provide that each party should bear their own costs in a conventional arbitration clause, but not in a submission agreement. In keeping with the informality of the arbitration process, the law is generally keen to uphold the validity of arbitration clauses even when they lack the normal formal language associated with legal contracts. Clauses which have been upheld include: The courts have also upheld clauses which specify resolution of disputes other than in accordance with

1170-554: The Cape to Cairo Railway . This Democratic Republic of the Congo location article is a stub . You can help Misplaced Pages by expanding it . Arbitration Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or ' arbitral tribunal ') renders the decision in the form of an ' arbitration award '. An arbitration award

1235-607: The Democratic Republic of the Congo . The main economic activity of the city is mining, mainly from the Tenke Fungurume Mine . Another important economic activity is logistics services. The city is crossed by Transafican Highway 9 (TAH 9), which connects it to the cities of Likasi and Kolwezi . It is the junction of the national railway network of Congo, connecting the Benguela railway to

1300-600: The ICC in Paris , or the American Arbitration Association in the United States. Normally the arbitration institution also will be the appointing authority. Arbitration institutions tend to have their own rules and procedures, and may be more formal. They also tend to be more expensive, and, for procedural reasons, slower. The duties of a tribunal will be determined by a combination of the provisions of

1365-698: The $ 100 per day in extra pay and a $ 300 bonus. In August 2021, China Molybdenum announced a US$ 2.51 billion investment in order to double production of cobalt and copper at the mine. Shortly after, the Congolese government announced a probe to assess whether China Molybdenum was accurately reporting the reserves present at the mine. Due to the dispute, in February 2022, operations at the mine were handed over to Sage Ngoie Mbayo, an administrator from Gécamines for six months. Operations were handed back to China Molybdenum by April 2022, after both parties agreed to settle

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1430-535: The Congolese companies Tenke Mining Corp. (24.75% share) and Gécamines (17.5% share). Freeport-McMoRan Copper & Gold Inc. and Phelps Dodge Corp. merged on March 19, 2007. Freeport-McMoRan Copper & Gold Inc., which operated the mine and held 56 percent of the shares, and became the world's largest publicly traded copper company; Lundin Mining of Canada now held 24 percent; and the state-owned Gécamines 20 percent. In 2008, an Environmental impact assessment

1495-636: The Hague Court or other tribunal. These were signed in August 1911 but had to be ratified by a two thirds vote of the Senate. Neither Taft nor Knox consulted with members of the Senate during the negotiating process. By then many Republicans were opposed to Taft, and the president felt that lobbying too hard for the treaties might cause their defeat. He made some speeches supporting the treaties in October, but

1560-702: The ICC, the website of the SIAC and the website of the International Arbitration Attorney Network. The overall cost of administrative and arbitrator fees is, on average, less than 20% of the total cost of international arbitration. In many legal systems – both common law and civil law – it is normal practice for the courts to award legal costs against a losing party, with the winner becoming entitled to recover an approximation of what it spent in pursuing its claim (or in defense of

1625-463: The New York Convention. Article V of the New York Convention provides an exhaustive list of grounds on which enforcement can be challenged. These are generally narrowly construed to uphold the pro-enforcement bias of the Convention. Certain international conventions exist in relation to the enforcement of awards against states. The arbitrators who determine the outcome of the dispute are called

1690-439: The New York Convention. An arbitral decision is foreign where the award was made in a state other than the state of recognition or where foreign procedural law was used. In most cases, these disputes are settled with no public record of their existence as the loser complies voluntarily, although in 2014 UNCITRAL promulgated a rule for public disclosure of investor-state disputes. Virtually every significant commercial country in

1755-399: The Senate added amendments Taft could not accept, killing the agreements. The arbitration issue opens a window on a bitter philosophical dispute among American progressives. Some, led by Taft, looked to legal arbitration as the best alternative to warfare. Taft was a constitutional lawyer who later became Chief Justice; he had a deep understanding of the legal issues. Taft's political base

1820-646: The United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (the UNCITRAL Model Law). The provisions allow for proceedings to be conducted abroad and for the parties to agree to conduct an arbitration in any language.In March 2023, an important further mini reform of the arbitration law entered into force, intended to remove some last remaining potential issues for foreign parties. In particular,The Italian Council of Ministers, through

1885-588: The arbitral decision (“lodo arbitrale”) as close as possible to the judicial judgment (“sentenza”). In this respect, the Reform constitutes the first major change to the Code since 2006, when the Italian system was, for the first time, partially aligned with the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Commercial Arbitration. However, the last intervention is limited to specific aspects of

1950-620: The arbitral discipline, such as translatio iudicii, the principle of impartiality and independence of arbitrators, and the power to issue precautionary measures. It also pertains to corporate arbitration, which is now governed by the ICCP. The U.S. Supreme Court has held that the Federal Arbitration Act (FAA) of 1925 established a public policy in favor of arbitration. For the first six decades of its existence, courts did not allow arbitration for "federal statutory claims" through

2015-539: The arbitral tribunal. The composition of the arbitral tribunal can vary enormously, with either a sole arbitrator sitting, two or more arbitrators, with or without a chairman or umpire, and various other combinations. In most jurisdictions, an arbitrator enjoys immunity from liability for anything done or omitted whilst acting as arbitrator unless the arbitrator acts in bad faith . Arbitrations are usually divided into two types: ad hoc arbitrations and administered (or institutional) arbitrations. In ad hoc arbitrations,

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2080-525: The arbitral tribunals are appointed by the parties or by an appointing authority chosen by the parties. After the tribunal has been formed, the appointing authority will normally have no other role and the arbitration will be managed by the tribunal. In administered arbitration, the arbitration is administered by a professional arbitration institution providing arbitration services, such as the LCIA in London , or

2145-462: The arbitration agreement and by the procedural laws which apply in the seat of the arbitration. The extent to which the laws of the seat of the arbitration permit "party autonomy" (the ability of the parties to set out their own procedures and regulations) determines the interplay between the two. However, in almost all countries the tribunal owes several non-derogable duties. These will normally be: The definition of Arbitral Award given in sec 2(1)(c)

2210-432: The circumstances in which it would apply. There does not appear to be any recorded judicial decision in which it has been applied. However, conceptually, to the extent it exists, the doctrine would be an important derogation from the general principle that awards are not subject to review by the courts. The overall costs of arbitration can be estimated on the websites of international arbitration institutions, such as that of

2275-601: The consumer may waive their right to a lawsuit and a class action . In 2011, one of these clauses was upheld in AT&;T Mobility v. Concepcion . Several arbitration organizations exist, including the American Arbitration Association and JAMS . The National Arbitration Forum also conducts arbitrations, but it no longer conducts consumer arbitrations pursuant to a consent decree entered into in 2009 because of evidence that it had been biased toward, and had incentives that favored, credit card companies over cardholders. The AAA

2340-542: The courts. In 2020, the Singapore Academy of Law published a report on the right of appeal in arbitral proceedings evaluating the advantages and disadvantages of the two distinct frameworks, concluding that the existence of appeals enables the development of case law and consequently provides greater certainty for parties to arbitral proceedings. The report identifies the availability of appeals by default under section 69 of England's Arbitration Act 1996 as

2405-556: The courts. Under section 45 of the Arbitration Act 2001, either party or the arbitral tribunal itself may apply to the court to issue a ruling on "any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties" and under section 49, either party may appeal an arbitral award on any question of law unless the parties have expressly excluded appeals

2470-677: The deadline for when Lundin's right of first offer was set to expire, Freeport-McMoRan completed the indirect sale of its 70 percent interest in TF Holdings Limited to China Molybdenum Co. for $ 2.65 billion, representing an effective 56 percent interest in Tenke Fungurume Mining. In addition, Lundin announced an agreement to sell its interest in TFM to an affiliate of BHR Partners , and waived its right to acquire Freeport-McMoRan's stake. In 2017, BHR Newwood DRC Holdings

2535-497: The default position in order to cater to parties who desire a completely extrajudicial resolution of contractual disputes. Uniquely, both the International Arbitration Act 1994 and the Arbitration Act 2001 contain provisions (Part 2A and Part 9A, respectively) explicitly authorising the arbitration of intellectual property disputes regardless of the extent to which the law of Singapore or any other jurisdiction expressly confers jurisdiction upon any designated body. This contrasts with

2600-488: The fall in cobalt prices and rising costs made the mine unprofitable. During the COVID-19 pandemic in early 2020, workers at the mine were ordered to remain onsite in order to isolate themselves from outside contact. After working for two months in isolation, workers went on strike on May 23, demanding an additional $ 100 per day and a $ 4,000 bonus. Production resumed after a single day strike after China Molybdenum agreed to

2665-521: The general approach taken by the majority of other jurisdictions and enables parties to foreign intellectual property disputes to seek resolution offshore without affecting the recognition of intellectual property rights in the jurisdictions in which they are issued. Italy has a modern and open approach to arbitration, the main law on which is contained in Book IV, Chapter VIII of the Code of Civil Procedure (CCP). Many provisions take their inspiration from

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2730-466: The general rule which does allow for commercial expediency; any other solution (where one first had to go to court to decide whether one had to go to arbitration) would be self-defeating. Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in

2795-491: The matter by third party arbitration . On June 1, a judge ordered that the previous decision to hand over of the mine to Ngoie be enforced, but China Molybdenum denies that control of the mine has actually changed hands. At a June 16 meeting in Lubumbashi , Gécamines executives claimed China Molybdenum owed as much as $ 5 billion, and threatened to block exports from the mine, or even to revoke China Molybdenum's ownership of

2860-536: The mine for several months. After one trespassing miner was shot, a riot broke out in his village, leading to a second death. Funeral costs from these incidents were covered by the mining company. Security at the mine is supplemented by the private security company Frontier Services Group associated with Erik Prince . Tenke, Democratic Republic of the Congo Tenke is a town in the Lualaba province of

2925-427: The mine. The court-appointed administrator ordered exports to be suspended, with logistics companies given notice on July 16 that exports from the mine were suspended until at least July 24. Residents of the nearby town of Tenke are known to trespass into the mine to collect cobalt, which increased after the mine's change in ownership. Unable to prevent this, China Molybdenum brought in the Congolese military to patrol

2990-402: The ordinary sense of the word. However, in most countries, the court maintains a supervisory role to set aside awards in extreme cases, such as fraud or in the case of some serious legal irregularity on the part of the tribunal. Only domestic arbitral awards are subject to set aside procedure. In American arbitration law there exists a small but significant body of case law which deals with

3055-520: The outbreak of World War I. Bryan negotiated 28 treaties that promised arbitration of disputes before war broke out between the signatory countries and the United States. He made several attempts to negotiate a treaty with Germany, but ultimately was never able to succeed. The agreements, known officially as "Treaties for the Advancement of Peace," set up procedures for conciliation rather than for arbitration. Arbitration treaties were negotiated after

3120-415: The power of the courts to intervene where the decision of an arbitrator is in fundamental disaccord with the applicable principles of law or the contract. However, this body of case law has been called into question by recent decisions of the Supreme Court. Unfortunately, there is little agreement amongst the different American judgments and textbooks as to whether such a separate doctrine exists at all, or

3185-410: The province of Lualaba, approximately 180 km northwest of the city of Lubumbashi . The mining concession area is approximately 1,600 square kilometers. Tenke Fungurume Mining SARL was initially drilled around 1900 by Union Miniere , then by state owned Gecamines, then an Anglo American joint venture in the 70s, then Adolph Lundin in the 90s, then Phelps Dodge of the U.S, with a 57.75% share and

3250-526: The realism of warfare as the only solution to serious disputes. Taft's treaties with France and Britain were killed by Roosevelt, who had broken with his protégé Taft in 1910. They were dueling for control of the Republican Party. Roosevelt worked with his close friend Senator Henry Cabot Lodge to impose those amendments that ruined the goals of the treaties. Lodge thought the treaties impinge too much on senatorial prerogatives. Roosevelt, however,

3315-606: The recent reform known as “Cartabia”, introduces significant innovations in the field of arbitration by reorganising various institutions of civil procedure. The purpose of the Reform, in accordance with the Recovery Plan for Europe, is to simplify and increase the overall efficiency of the Italian legal system. In particular, the amendments to the Fourth Book of the Italian Code of Civil Procedure (ICCP) aim to bring

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3380-476: The section. Either action is only permitted with the consent of the other parties or either the arbitral tribunal (for rulings on preliminary points of law) or the Court (with regard to appeals. This is in contrast to the International Arbitration Act 1994, which generally replicates the provisions of the UNCITRAL Model Law on International Commercial Arbitration and provides more restricted access to

3445-503: The subject matter of some disputes is not capable of arbitration. In general, two groups of legal procedures cannot be subjected to arbitration: Arbitration agreements are generally divided into two types: The former is the far more prevalent type of arbitration agreement. Sometimes, legal significance attaches to the type of arbitration agreement. For example, in certain Commonwealth countries (not including England and Wales), it

3510-595: The terms of employment or commercial contracts and may include a waiver of the right to bring a class action claim . Mandatory consumer and employment arbitration should be distinguished from consensual arbitration, particularly commercial arbitration. There are limited rights of review and appeal of arbitration awards. Arbitration is not the same as judicial proceedings (although in some jurisdictions, court proceedings are sometimes referred as arbitrations ), alternative dispute resolution, expert determination , or mediation (a form of settlement negotiation facilitated by

3575-735: The use of arbitration to resolve their differences. It was first used in the Jay Treaty of 1795 negotiated by John Jay , and played a major role in the Alabama Claims case of 1872 whereby major tensions regarding British support for the Confederacy during the American Civil War were resolved. At the First International Conference of American States in 1890, a plan for systematic arbitration

3640-457: The war, but attracted much less attention than the negotiation mechanism created by the League of Nations . By far the most important international instrument on arbitration law is the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards , usually simply referred to as the "New York Convention". Virtually every significant commercial country is a signatory, and only

3705-463: The world is a party to the Convention while relatively few countries have a comprehensive network for cross-border enforcement of judgments their courts. Additionally, the awards not limited to damages. Whereas typically only monetary judgments by national courts are enforceable in the cross-border context, it is theoretically possible (although unusual in practice) to obtain an enforceable order for specific performance in an arbitration proceeding under

3770-420: Was acting to sabotage Taft's campaign promises. At a deeper level, Roosevelt truly believed that arbitration was a naïve solution and the great issues had to be decided by warfare. The Rooseveltian approach had a near-mystical faith of the ennobling nature of war. It endorsed jingoistic nationalism as opposed to the businessmen's calculation of profit and national interest. Although no general arbitration treaty

3835-625: Was already the majority owner of Tenke Fungurume, then ended up with an 80% stake in Tenke Fungurume Mining . Tenke Fungurume Mining SA is a large copper and cobalt producer, with mines and processing facilities situated within the African copper belt in the Democratic Republic of the Congo. Tenke's substantial mineral endowment supports a long mine life and future expansion opportunities. Tenke Fungurume Mining SA

3900-598: Was also asked to exit the business, but has not done so. The Korean Arbitration Act is the main law governing arbitration in the Republic of Korea. The official body which resolves disputes via arbitration is the Korean Commercial Arbitration Board . Legal professionals and corporations, in Korea, are increasingly preferring arbitration to litigation. The number of arbitrations, in Korea,

3965-505: Was conducted, with a zero discharge tailings dam designed to prevent contamination. On May 9, 2016, Freeport-McMoRan announced its intention to sell its stake in the Tenke project to China Molybdenum Co. for $ 2.65 billion in cash, to help reduce its debt. The minority stakeholder in TF Holdings Limited , Lundin Mining , had a 90-day right of first refusal, which it extended multiple times as it considered its options. In November 2016, on

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4030-480: Was developed, but not accepted. The Hague Peace Conference of 1899 saw the major world powers agree to a system of arbitration and the creation of the Permanent Court of Arbitration . Arbitration was widely discussed among diplomats and elites in the 1890–1914 era. The 1895 dispute between the United States and Britain over Venezuela was peacefully resolved through arbitration. Both nations realized that

4095-589: Was entered into, Taft's administration settled several disputes with Great Britain by peaceful means, often involving arbitration. These included a settlement of the boundary between Maine and New Brunswick, a long-running dispute over seal hunting in the Bering Sea that also involved Japan, and a similar disagreement regarding fishing off Newfoundland. American Secretary of State William Jennings Bryan (1913–1915) worked energetically to promote international arbitration agreements, but his efforts were frustrated by

4160-481: Was set up by private equity firm BHR to acquire a 24% interest in Tenke from Canadian miner Lundin for $ 1.14 billion. 100% of the purchase funds were supplied by the Chinese state-backed companies. The deal was strongly supported by prime minister Matata Ponyo Mapon in 2016, who praised China Molybdenum as a "solid partner". On the other hand, the deal was initially opposed by the state owned Gécamines , which filed

4225-507: Was the conservative business community which largely supported peace movements before 1914. However, his mistake in this case was a failure to mobilize that base. The businessmen believed that economic rivalries were cause of war, and that extensive trade led to an interdependent world that would make war a very expensive and useless anachronism. However, an opposing faction of American progressives, led by ex-president Theodore Roosevelt, ridiculed arbitration as foolhardy idealism, and insisted on

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