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Ten-year high in resource disputes between states and investors

DLA Piper, a law firm, said that disagreements between governments and investors about resources have reached a ten-year high. This is due to resource nationalism, and the growing competition between China and the U.S. for vital minerals.

The scramble to find minerals is reflected in the race to get the precious oil and gas revenue that is vital to state coffers. This is especially true for emerging economies. DLA Piper reported that the 32 disputes filed with the World Bank's arbitration body so far this year, which include everything from gold, uranium, and lithium to oil and gas, have already exceeded those of last year.

As their value became more evident, states felt the need for greater control over any deposits within their borders of critical minerals, said Gabriela Alvarez Avila, DLA Piper's partner and coleader of international arbitrage.

DLA Piper's database analysis of the International Centre for Settlement of Investment Disputes revealed that 17 of the cases involved oil and gas assets.

Colombia is the country with the most disputes (11 in total), and has four.

Last year, Colombian President Gustavo Petro designated several mining zones as temporary natural reserve, banned fracking, and threatened to stop coal exports to Israel. This caused tension with investors.

Mexico, which will nationalise lithium in 2022 and Ecuador, Panama, and Mexico all had two cases.

DLA Piper didn't break down the specific disputes.

Africa has ten disputes involving Niger, Tanzania the Democratic Republic of Congo Mali Morocco Senegal.

Many countries and investors are interested in the DRC because it is home to critical minerals such as cobalt and copper.

The United States in particular has said it is open to exploring critical minerals partnerships in the DRC after a Congolese senator contacted U.S. officials to pitch a minerals-for-security deal.

AVZ Minerals, based in Australia, said that a new agreement between Kinshasa (the country) and KoBold Metals (a U.S. company), to develop a part of a Lithium project, violated a ruling by an international arbitral tribunal.

DLA Piper's study found that the majority of disputes remained in Europe and Central Asia.

(source: Reuters)