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Conference Proceedings

PACRIM 99 Congress

Conference Proceedings

PACRIM 99 Congress

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Risk and Alternate Dispute Resolution Options for Mining Companies Operating in South East Asia (Including a Case Study)

Risk and dispute resolution are linked. Dispute resolution techniques are brought to bear on a dispute - which is an outcome of a risk being wholly or partially realised. There has been an increasing awareness by business of risk as a component of doing business. There is an accompanying awareness of the need to manage risk - including legal risk. Many companies have undertaken a systematic review of their potential risks and endeavoured to put in place systems to help to avoid or manage risks. A legal risk management program will not prevent disputes arising. However, such a program should prescribe how that dispute will be managed. The management of the dispute will involve consideration of the dispute resolution procedure to be adopted. The most appropriate processes will take into account the practical, personal and commercial considerations surrounding the dispute and be as efficient, cost-effective and user friendly as achievable in the circumstances for the benefit of all the parties. Carrying on business in South East Asia, whether as an explorer or a mining operator, brings additional considerations to bear in legal risk management and the dispute resolution process. A significantly different perspective is required due to the varying nature of the legal systems in many South East Asian jurisdictions. These jurisdictions often have relative uncertainty as to the law. This impacts on the dispute resolution processes and also raises further timing and cost issues. The authors contend that this is all the more reason to endeavour, as practically as possible, to adopt a legal risk management and dispute resolution profile which will provide business with the greatest prospects of maintaining control of the dispute resolution process. This presents a greater chance of a successful outcome to the dispute. In these times of increasing pressures on profitability because of low mineral prices, all costs of a minerals business are being reviewed. In such times, a significant legal dispute may have even greater potential to adversely impact on the companies concerned, together with the careers of the people involved. In this paper possible approaches to managing disputes and a case study a legal dispute in which Freehill Hollingdale and Page were involved are discussed. The dispute concerned an international mining company developing a gold mine in Indonesia and one of its contractors in Indonesia. Described is how that dispute was resolved. This achieved a very satisfactory result for the client - all things considered. Given the additional' problems associated with ascertainment and enforcement of rights' in South East Asia, the longer the parties can retain control over their dispute the better off they will be. For this reason, the authors set out in this paper the main additional dispute resolution tools available - that are appropriate for use throughout South East Asia.
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  • Risk and Alternate Dispute Resolution Options for Mining Companies Operating in South East Asia (Including a Case Study)
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  • Published: 1998
  • PDF Size: 0.415 Mb.
  • Unique ID: P199904059

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