Investor–State Dispute Arbitration Prevention in the Mining Sector

Foreign direct investments play an important role in mining sector development, particularly in developing and emerging economies. However, host countries are at risk of being subject to huge claims by foreign investors under existing investment treaties’ dispute settlement mechanisms. 

This workshop aimed to help Panama officials from various ministries involved in mining sector regulation and defending governments in investment disputes gain a common understanding of the context and risks related to investor–state dispute settlement (ISDS) in the mining sector, as well as explore options for preventing ISDS claims.

The main objectives of the workshop were for participants to better understand:

• The key legal and policy issues at the nexus of ISDS and sustainable development in the mining sector. 
• The main characteristics and differences between treaty-based ISDS and contract-based ISDS and the implications for preventing disputes in the mining sector.
• Basic principles and best practices in preventing ISDS claims in the mining sector, in both the short term and long term.
• Possible reform options for preventing ISDS claims in mining in Panama, while maintaining the national policy space to advance sustainable development objectives.