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Clifford Chance

Clifford Chance

Expertise & Experience

In this section

We have a truly global, cross-discipline team who advise on the full range of mining related transactions and projects. The depth of our experience, and detailed understanding of the mining sector, its drivers and competitive landscape make us extremely well placed to assist our clients in the mining and natural resources sector.

Expertise

Our mining group consists of lawyers with extensive experience of advising mining firms (ranging from multinationals to junior miners) and their funders and advisers across a full range of products:  

  • Fundraising (debt and equity capital markets – including IPOs and multilateral lenders and ECAs)
  • Project development (including limited recourse financing and the full range of commercial contracts)
  • M&A (including cross-border deals for both private and publicly listed companies in the sector)
  • Construction and infrastructure (we have an award-winning international construction group)
  • Dispute resolution (including arbitration and knowledge of OHADA laws)
  • Commodity sales and financing (including sale and purchase agreements and pre-export, streaming and net smelter return financings)

Global capability

The international reach of our practice enables us to advise clients on complex, multi-jurisdictional transactions often in emerging markets.  We have extensive experience of advising clients on major mining transactions across the globe including:

  • Africa
  • Australia
  • Asia Pacific
  • Europe
  • Middle East
  • Russia, CIS
  • South America 

Our mining and metals sector specialists regularly act on some of the most innovative and high profile deals in the market, many of which have been awarded 'Deal of the Year' recognition by leading bodies in the industry.

Market Recognition

  • "Well-regarded team with a focus on corporate mining issues such as M&A transactions, private equity investments and restructuring. Additional experience includes advising on tax and sanctions law matters relating to financings."
    Chambers, 2020: Mining & Metals 
  • "Clients include investors as well as both giant and junior mining companies. The firm is described as “excellent” by one interviewee, who explains that the lawyers are “professional in the way they do their work and come back to us on time."
    Chambers, 2019: Mining & Metals
  • 'Broad, multi-specialist practice that can provide market-leading advice on a variety of areas."
    Legal 500, 2019: Mining & Metals

Client experience

  • British Steel: advising the Official Receiver and Special Managers on the sale of British Steel to Jingye Iron & Steel.
  • Eramet: advising the French multinational mining and metallurgy company on the sale of an interest in Weda Bay Nickel to Tsingshan Steel.
  • Russian Platinum: advising one of the leading Platinum Group Metal producers in the world on its joint venture with Norilsk Nickel.
  • Mitsubishi: advising Japan’s largest trading company on its US$5.4 billion acquisition from Anglo American of a 24.5% stake in Anglo American Sur, and its subsequent disposal of 4.06% of this stake to Codelco and Mitsui.
  • AI Taweelah Alumina Refinery: advising Emirates Global Aluminium on the process technology and construction contracts relating to the development of the 2 million tpa refinery in the UAE.
  • Bahrain Steel: advising the direct reduction grade iron ore pellet producer on its 20 year, US$15 billion purchase of pellet feed supply from Anglo American’s Minas-Rio mine in Brazil.
  • Glencore: advising a banking syndicate in relation to the key refinancing and extension of Glencore’s revolving credit facilities effective 24th May 2019, with an aggregate value of approximately US$14.43 billion.
  • Glencore: advising Glencore on its successful application to the Australian Competition Tribunal to have the shipping channels at the Port of Newcastle, the world's largest coal export port, to be declared subject to access arrangements under Australia's competition laws
  • Nyrstar: advising the coordinating committee of lenders in relation to the restructuring of Nyrstar.
  • Noble: advising a financial institution in connection with its role as a senior creditor and new trade finance provider to Noble Group in relation to a complex, cross-border restructuring.
  • MetInvest: advising the coordinating committee representing 26 banks in connection with the circa US$3 billion debt restructuring for MetInvest.
  • Mining investment company: advising a mining investment company in a pending ICC arbitration and potential parallel treaty claim against an African state authority arising from the latter’s breach of a resource exploitation joint venture agreement and the African State’s purported revocation of an exploitation permit.
  • Kingsgate Consolidated Ltd: acting in an ongoing international arbitration against the Kingdom of Thailand under the Australia-Thailand Free Trade Agreement concerning the alleged expropriation of the Chatree Gold Mine.
  • Major global mining company: advising a major global mining company concerning a potential ICSID arbitration arising from the breach by an African state of stabilisation provisions in a mining code. Claims are at least several billion dollars.
  • Large mining company: representing on a range of advisory work, including preparation of a global anti-bribery programme and advice relating to a joint venture and retention of business consultants in Asia Pacific.
  • International commodities trading: assisting in conducting an internal investigation into a possible breach of compliance in security matters surrounding the death of an intruder on their site.
  • Mining company: advising on the design and implementation of supply chain diligence processes taking account of OECD guidance and other international standards; developing contractual frameworks for modern slavery, labour and other human rights risks; advising on artisanal mining and child labour issues and on conflict minerals.