Global Metals & Mining

We blend a deep bench of top-tier lawyers with significant industry experience and a relentless focus on achieving business objectives, managing risk and delivering value for our clients. We are trusted advisers to many of the global majors and our broad client base includes mid-tier and junior mining companies as well as streamers, lenders, private equity, strategic investors, traders and SOEs.

From our offices in Canada, London and New York, our regular on-the-ground presence in Australia, China, Latin America and West Africa and our global network of close relationships with market leading firms, our lawyers routinely work across borders, in several languages (including French, Spanish and Mandarin) and provide advice under both common law and civil law regimes (including the OHADA laws of West Africa).

Our dedicated team includes lawyers with in-house experience at some of the largest global mining companies. This helps ensure we always bring a real world perspective to finding solutions for our clients.

Our Global Metals & Mining Group is ranked Band 1 by Chambers Global for International and Cross-Border Mining.

#1 Global Mining M&A legal Advisors by Deal Value for 2nd year in a row—GlobalData M&A league table, metals and mining sector, FY2024 and FY2023

Trends and Outlook:

Over the past ten years since the global financial crisis, the environment within which the metals and mining industry operates has experienced some important changes:

• growing resource nationalism in both developed and emerging markets
• social and environmental license and governance issues are now more important than ever
• increased regulatory scrutiny and investigations across a wide range of issues from anti-corruption and bribery to financial reporting and trade sanctions
• decline of traditional capital markets and the rise of alternative financing structures
• ever-increasing shareholder litigation and activism

In some cases, there has been less change than expected. For example, mining technology has yet to fully realize on its transformative potential.

Our Global Metals & Mining Group is committed to being in front of these trends. Our proactiveness in doing so has earned us widespread recognition in many areas, such as M&A, metal streaming and strategic joint ventures around the globe. 

We see these trends continuing apace in 2020 and anticipate more public M&A, mergers of equals and going private transactions as the gold sector consolidates, the global majors wind down their divestitures, and the competition for high quality base metals mines continues apace. While the global COVID-19 pandemic has presented serious and challenging public health and operational challenges for mining companies and the communities within which they operate, it has also demonstrated the importance and resilience of metals and mining in global markets and national economies.

Deal Capabilities:

• M&A Advisory – our team of results-driven lawyers have market-leading experience in complex multi-jurisdictional public and private M&A, including divestitures, restructurings, spin offs, dual-track processes, mergers of equals and going private transactions
• Metal Streaming – we are the most experienced metal streaming specialists globally covering both the buy and sell side and the full spectrum of commodities. Our clients include leading metal streaming companies and prominent stream issuers
• Strategic Investments and Joint Ventures – we regularly act on strategic investments for issuers and strategic investors alike and are known for our deep joint venture expertise around the globe and across the full spectrum of market participants including majors, juniors, private equity, traders and SOEs
• Going Public & Capital Markets – we assist mineral exploration and mining companies around the world in getting listed on the Toronto Stock Exchange, the TSX Venture Exchange, the London Stock Exchange and AIM and have a highly-ranked equity and debt capital markets practice
• Restructurings – our team is experienced in complex insolvency matters and sensitive restructurings. We have a deep understanding of the bankruptcy environment on both sides of the Canada-US border and regularly act on major international restructurings

Development Capabilities:

• Project Development – we help our clients bring mining projects to commercial production by advising on the development, permitting and construction of mines, smelters and other mining infrastructure, including mine development and stability agreements
• Project Finance – we offer seasoned, practical know-how to assist borrowers and lenders in deploying project finance, secured finance and alternative financing structures to fund mining projects, including related off-take, marketing and derivative transactions
• Environmental and Indigenous – we have one of the leading integrated regulatory, environmental, health and safety and Indigenous practices in Canada, advising our mining clients on the most sensitive matters and social issues

Dispute Capabilities:

• Litigation – we are the leading firm in Canada with an integrated mining-focused litigation practice and extensive experience advising on high stakes litigation. Our team has acted on – and won – many of Canada’s most significant, precedent-setting mining litigation cases
• International Arbitration – with arbitrators based in Canada and London, our team is well positioned to help our clients successfully navigate the complexities of commercial, bilateral investment treaty and other arbitrations around the globe
• Shareholder Activism – our integrated team of litigators and commercial lawyers have direct insight and experience to assist issuers and boards on shareholder engagement and proxy defence matters
• Investigations and Compliance – with a wealth of experience and expertise, we are available 24/7 to provide discrete advice and intervention on anti-corruption, trade sanction and other regulatory investigations and compliance matters from both a Canadian and international legal perspective

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Mining in the Courts, Vol. XIV

Welcome to the 14th annual edition of Mining in the Courts, a publication of McCarthy Tétrault LLP’s Mining Litigation Group that provides a one-stop annual update on legal developments impacting the mining industry.

Download a copy