Mining & Natural Resources Legal Services

Resolve Mining Conflicts Favorably

Defend mining rights against overlapping claims and administrative challenges. Colombia's title system creates conflicts through historical overlaps, indigenous territory claims, and environmental restrictions. We resolve disputes through ANM procedures, administrative courts, and strategic negotiation. Recent victory preserved $150M gold project against competing claims through decisive legal action.

Overlapping Claims Defense
Administrative Appeals
Title Validation
Boundary Disputes

Transform community opposition into collaborative solutions. Prior Consultation disputes can paralyze operations - we navigate cultural sensitivities while protecting legal rights. Our approach combines legal strategy with relationship building. Recent mediation converted blocking protest into benefit-sharing agreement, allowing project continuation with community support.

Prior Consultation Disputes
Protest Resolution
Benefit Sharing Negotiations
Social License Recovery

Defend against regulatory sanctions and operational restrictions. Environmental violations, technical non-compliance, and royalty disputes trigger enforcement actions. We challenge improper sanctions, negotiate settlements, and implement corrective measures. Recent defense against ANLA shutdown order kept operations running while resolving underlying issues.

Sanction Defense
Compliance Negotiations
Administrative Litigation
Regulatory Settlements

Resolve JV disputes, supply contracts, and investment disagreements efficiently. International arbitration under ICC, LCIA, or local rules provides neutral forums. We leverage Colombia's pro-arbitration framework for favorable outcomes. Recent arbitration victory secured $30M in damages for contract breach while preserving ongoing commercial relationships.

JV Dispute Resolution
Contract Arbitration
Investment Protection
Enforcement Strategies

Resolve Your Dispute

Our Specialties

Our
Services

Winning Strategies

Victory Through Expert Advocacy

Mining disputes require specialized expertise and strategic thinking. Our track record includes defeating municipality mining bans through constitutional challenges, securing injunctions against illegal miners within 48 hours, and negotiating community agreements avoiding years of conflict. We combine deep legal knowledge with practical mining understanding. This integrated approach achieves favorable outcomes while preserving operational continuity and stakeholder relationships.

Constitutional Litigation

Protect Rights at Highest Legal Levels

Constitutional Court decisions shape mining's future in Colombia. We pursue tutela actions for fundamental rights violations, challenge municipal mining restrictions, and defend against arbitrary regulatory actions. Recent constitutional victory overturned municipal ban affecting $500M investment. Our expertise in constitutional arguments provides powerful tools when administrative remedies fail. Strategic litigation creates precedents benefiting entire mining sector.

Alternative Dispute Resolution

Efficient Solutions Outside Courts

Litigation isn't always optimal for mining disputes. We excel at mediation, negotiation, and creative problem-solving. Community conflicts often resolve better through dialogue than legal action. Commercial disputes benefit from preserving relationships. Our ADR approach resolved 78% of disputes without formal proceedings in 2023, saving clients millions in legal costs and years of delay while achieving business objectives.

Dispute Resolution FAQ

Critical Questions About Mining Conflicts

Frequent disputes arise from overlapping mining titles (historical registration issues), community opposition to operations, Environmental Compliance challenges, boundary conflicts with neighboring concessions, and royalty calculation disagreements. Municipal restrictions and changing regulations create new conflict sources. Early identification and proactive management prevent escalation. Most disputes are preventable with proper planning and stakeholder engagement.

Arbitration offers significant advantages including specialized arbitrators with mining expertise, confidentiality protecting sensitive information, faster resolution than courts (12-18 months vs 3-5 years), and international enforcement under New York Convention. Colombian courts respect arbitration awards. Key is proper arbitration clause drafting and selecting appropriate rules. Success rate exceeds 80% for well-prepared cases.

Illegal mining requires immediate action. Available remedies include criminal complaints for mineral theft, administrative complaints to ANM and police, civil injunctions for immediate cessation, and constitutional tutela actions for fundamental rights. Speed is essential - delays enable asset stripping. We obtain court orders within 48-72 hours in urgent cases. Coordination with authorities ensures effective enforcement.

Blockades require balanced responses combining legal and relationship strategies. Legal options include injunctions for access rights and criminal complaints for illegal detention. However, negotiation often yields better results. We engage community leaders, address underlying grievances, and develop sustainable agreements. Force should be last resort - sustainable operations require community acceptance. Success comes from understanding root causes.

Foreign investors access additional protections through bilateral investment treaties providing international arbitration rights, legal stability agreements for large investments, investment insurance through MIGA or national agencies, and diplomatic protection in extreme cases. These mechanisms provide recourse beyond Colombian courts. Proper structuring from inception maximizes available protections. Recent ICSID award exceeded $300M for expropriation.

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