OUR MINING AND METALS PRACTICE - Clifford Chance

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OUR MINING AND METALS PRACTICE - Clifford Chance
OUR MINING AND METALS PRACTICE
2021
OUR MINING AND METALS PRACTICE - Clifford Chance
OUR MINING AND METALS PRACTICE

       29            13            26          79             22

    Cu
    Copper
                  Al
                 Aluminium
                                FeIron
                                            Au
                                             Gold
                                                           Ti
                                                           Titanium
     63.546         26.982       55.845      196.97          47.867

   Projects   M&A and Joint     Mining     Commodity   Restructuring
                Ventures    Infrastructure Financing   and Insolvency

                      92           27           6             3

                    U
                  Uranium
                                Co
                                 Cobalt
                                              C
                                             Carbon
                                                           Li
                                                           Lithium
                   238.03         58.933      12.011          6.94

               Disputes and   Compliance      ESG       Renewable
                Arbitration                               Energy

    Africa        Asia         Europe /      Latin        Russia /
                 Pacific      Middle East   America        CIS
OUR MINING AND METALS PRACTICE - Clifford Chance
A FULL SPECTRUM MINING PRACTICE

We have a truly global,                                              The quality of our team is recognised through our award-winning
                                                                     mandates and our long-standing client relationships. We have

cross-discipline team which                                          a global view and a detailed understanding of the sector, its drivers
                                                                     and competitive landscapes which makes us extremely well-placed
                                                                     to assist our mining and metals clients across the globe.
advises on the full range of
                                                                     In addition to the core mining disciplines of project development,
mining and metals‑related                                            construction, financing, commodity trading, M&A and dispute
                                                                     resolution, Clifford Chance’s mining team also includes market-
transactions and issues                                              leading sanctions, regulatory, ESG and compliance teams. In a
                                                                     world where cost-efficiency is key, our experience of advising on
(including disputes and                                              joint ventures, outsourcing and “big data” projects is also an
                                                                     important part of our offering.
regulatory investigations).

DAVID LEWIS                               JAMES PAY                                          SIMON GREENBERG
Global Co-Head of Mining                  Global Co-Head of Mining                           Global Co-Head of Mining
& Metals, London                          & Metals, London                                   & Metals, Paris

T +44 20 7006 1903                        T +44 20 7006 2625                                 T +33 1 4405 5114
M +44 77 7058 6023                        M +44 79 0480 3419                                 M +33 6147 68395
E	david.lewis@                           E james.pay@                                      E	simon.greenberg@
   cliffordchance.com                        cliffordchance.com                                 cliffordchance.com

David is a highly-regarded corporate      James is a project finance partner who             Simon is an international arbitration partner
partner with a special focus on matters   focuses on mining project development              with a focus on energy, mining and metals
involving the mining sector and has       and financing, joint ventures and metals           disputes. His recent matters include disputes
co-led the global Mining & Metals group   offtake and logistics contracts. He works          concerning pricing review and volume
for more than 10 years. He has a great    for a range of private equity companies,           commitments under very long-term offtake
depth of experience in mergers &          mining companies and their lenders. He             agreements, mining rights revoked or revised
acquisitions, joint ventures and equity   has been involved in high-profile mining           by local authorities (particularly in Africa),
investments and the corporate aspects     transactions in Africa, the Middle East            legal stabilisation regulations, and mining
of financial restructurings.              and Europe and has significant                     investments, concerning high grade iron ores
                                          experience of negotiating concessions              and pellet feeds, coal, lithium, copper and
                                          and mining infrastructure agreements               cobalt. Simon has published two books and
                                          with host governments in West Africa.              more than 30 articles relating to international
                                          James is interested in developing flexible         arbitration, was Deputy Secretary General of
                                          energy solutions for the mining sector.            the ICC International Court of Arbitration
                                                                                             2008-2012 and an ICC Court Member
                                                                                             2012-2018. He is fluent and works in both
                                                                                             English and French.
OUR MINING AND METALS PRACTICE - Clifford Chance
29

                                                                                                               Cu
MINING AND METALS PROJECT DEVELOPMENT AND FINANCING

We have a global projects practice that specialises in                     • PT Weda Bay Nickel: advising the project company on the
greenfield project development and asset and offtake                         development and US$3 billion financing of this world class
financings. We have a strong track record of advising on the                 nickel-cobalt mine and processing plant in Indonesia.
procurement and financing of complicated, integrated projects
                                                                           • Antofagasta: advising the copper producer on the financing
and related infrastructure development in the natural
                                                                             and development of the Los Pelambres copper mine in Chile.
resources sector. Our recent experience of mining and metals
project development and financing includes:
• Guinea Alumina: advising the lenders in relation to the
   US$3.5 billion project financing of the Guinea Alumina project,
                                                                             copper mine in Chile.                   COPPER
                                                                           • Escondida: advising JBIC on the financing of the Escondida

                                                                                                                      63.546
                                                                           • Aluminium Project: advising lenders to the world’s largest integrated
   including integrated mine, refinery and port infrastructure.
                                                                             aluminium complex (smelter, cast-house and rolling mill) in Saudi Arabia.
• Katanga Mining: advising this DRC miner on the development
                                                                           • Ma’aden Phosphate Company: advising lenders in relation to the
  and financing of the latest phase of this copper‑cobalt project.
                                                                             development of an integrated phosphate project including related
• Vale: advising in relation to all aspects of the development of the        processing plant and infrastructure.
  infrastructure solution to export iron ore from Simandou in Guinea
                                                                           • Ukraine Steel: advising EBRD on the financing of the modernisation
  via Liberia.
                                                                             and environmental upgrade project for Ukraine’s largest steel mill.
• BHP: advising in relation to the development of the Australian
                                                                           • Udokan: advising Baikal Mining Company on the equipment supply,
  polymetallic copper-uranium Olympic Dam Project in South Australia.
                                                                             technology and construction contracts relating to the development of
                                                                             the world’s third largest copper deposit in the Russian Federation.

JAMES PAY                                          NIKOLAÏ EATWELL                                     FABRICIO LONGHIN
Global Co-Head of Mining                           Partner, Paris                                      Partner, Washington DC
& Metals, London
                                                   T +33 1 4405 5339                                   T +1 202 912 5015
T +44 20 7006 1903                                 E nikolai.eatwell@ 		                               E fabricio.longhin@
E james.pay@ 		                                      cliffordchance.com                                  cliffordchance.com
  cliffordchance.com
OUR MINING AND METALS PRACTICE - Clifford Chance
13

                                                                                                                       Al
M&A AND JOINT VENTURES

Our experience of M&A and joint ventures includes:                        • Antofagasta: advising the Chile-based mining group on its
• British Steel: advising the Official Receiver and Special                 US$1 billion acquisition of 50% of the Zaldivar copper mine from
  Managers on the sale of British Steel to Jingye Iron & Steel.             Barrick Gold.
• Eramet: advising the French multinational mining and metallurgy         • Aluminum Corporation of China (Chinalco): advising the
  company on the sale of an interest in Weda Bay Nickel to                  state-owned enterprise on the proposed acquisition of the
  Tsingshan Steel.                                                          US$5.85 billion Las Bambas copper mine project in Peru.
• Eramet: advising the French multinational mining and
  metallurgical group on the sale of TiZir Titanium & Iron AS.
                                                                                                              ALUMINIUM
                                                                          • Pala Investment: advising the investment company on its
                                                                            proposed acquisition of a 50% interest (vía equity and debt) in
• Nova Resources B.V: advising the company owned and
  controlled by a consortium of investors on its £3bn take private
  offer for KAZ Minerals PLC.
                                                                            two Spanish tungsten mines.
                                                                                                                26.982
                                                                          • IFM: advising the global fund manager on its acquisition of a 50%
                                                                            interest in Impala together with Trafigura.
• Cristal: advising the titanium dioxide producer on the completion       • Lundin Mining: advising the base metals mining company on
  of its cross-border sale to Tronox.                                       the acquisition of the Chapada mine from Yamana Gold.
• Russian Platinum: advising one of the leading Platinum                  • Kingspan: advising Kingspan on signing an agreement to
  Group Metal producers in the world on its joint venture with              acquire the Steel division of TeraPlast Group.
  Norilsk Nickel.
                                                                          • Goldman Sachs Asset Management: advising on its
• Mitsubishi: advising Japan’s largest trading company on its               acquisition of the sponsorship of Perth Mint Physical Gold ETF
  US$5.4 billion acquisition from Anglo American of a 24.5% stake           (AAAU), which will expand its US$19 billion Exchange-Traded
  in Anglo American Sur, and its subsequent disposal of 4.06% of            Fund (ETF) platform.
  this stake to Codelco and Mitsui.

DAVID LEWIS                                        THAIS GARCIA                                       MELISSA NG
Global Co-Head of Mining                           Partner, New York                                  Partner, Singapore
& Metals, London
                                                   T +1 212 878 8497                                  T +65 6410 2254
T +44 20 7006 1903                                 E thais.garcia@ 		                                 E 	 melissa.ng@
E david.lewis@ 		                                    cliffordchance.com                                     cliffordchance.com
  cliffordchance.com
OUR MINING AND METALS PRACTICE - Clifford Chance
26

                                                                                                                    Fe
MINING AND METALS INFRASTRUCTURE

Our experience of advising clients in relation to mining and               • Colombian Nickel: advising the lenders to the financing of an
metals infrastructure includes:                                              infrastructure and smelter upgrade project for Cerro Matoso S.A.
• North West Infrastructure: advising NWI in relation to the
                                                                           • Vessel Financing: advising the lenders on a wide range of
  development of a new 50 million tonne per annum iron ore export
                                                                             vessel financings including K-Sure backed financing of multiple
  port in Western Australia.
                                                                             Capesize and Valemax (VLOC) vessels for Vale.
• Impala Terminals: advising a private equity group in relation to

                                                                                                                             IRON
                                                                           • Uralkali: advising on the acquisition of a stake in a port terminal in
  the purchase of a major interest in the global Impala Terminals
                                                                             Antonina, Brazil to be used for bulk potash exports.
  business including related polymetallic throughput contracts.

                                                                                                                            55.845
                                                                           • Port modernisation: advising the Far East Development Fund
• Simandou: advising Vale in relation to the development of the rail
                                                                             on the financing of a coal conveyer and export port
  and deep water port infrastructure solution for iron ore exports
                                                                             modernisation project.
  from Guinea via Liberia, including the negotiation of associated
  concession agreements with host governments.                             • Eramet: advising the developers in relation to the Weda Bay
                                                                             Nickel project, including in relation to the related processing plant
• PT Kereta Api Borneo: advising the project company on the
                                                                             road, airport and export port infrastructure.
  development of a 190km railway and associated coal export
  terminal in Indonesia.                                                   • AI Taweelah Alumina Refinery: advising Emirates Global
                                                                             Aluminium on the process technology and construction contracts
                                                                             relating to the development of the 2 million tpa refinery in the UAE.

ANTHONY GIUSTINI                                  ALHASSANE BARRY                                        JEREMY CONNICK
Partner, Paris                                    Counsel, Dubai                                         Partner, London

T +33 1 4405 5926                                 T +971 4503 2743                                       T +44 20 7006 4237
E	anthony.giustini@                             E	alhassane.barry@                                   E jeremy.connick@
    cliffordchance.com                                cliffordchance.com                                   cliffordchance.com
OUR MINING AND METALS PRACTICE - Clifford Chance
79

                                                                                                                  Au
COMMODITY FINANCING AND OFFTAKE

We have a global commodity financing practice that advises                   • Fortescue Metals Group: advising a syndicate of banks led by
producers, trading companies and lenders across a full                         Deutsche Banks and ING in relation to a US$890 million iron ore
spectrum of resources. Our recent experience includes:                         prepaid offtake agreement by Glencore.
• Bahrain Steel: advising the direct reduction grade iron ore pellet
                                                                             • Polyus Gold: advising the arrangers on a US$3.6 billion margin
  producer on its 20 year, US$15 billion purchase of pellet feed
                                                                               loan acquisition facility in connection with the sale by Onexim
  supply from Anglo American’s Minas-Rio mine in Brazil.
                                                                               Group of its stake in Polyus Gold International, Russia’s leading
• Glencore: advising a syndicate led by National Australia Bank on
  a US$560 million syndicated cross-border base metal borrowing
                                                                               gold producer.
                                                                                                                            GOLD
                                                                             • Volcan Peru: advising the arrangers on a US$90 million secured

                                                                                                                            196.97
  for Glencore.
                                                                               cross-border aluminium and zinc financing for Volcan Peru SA
• Nyrstar: advising a coordinating committee led by Deutsche                   (winner of Trade Finance magazine’s trade deal of the year).
  Bank in relation to the restructure of the Nyrstar Group, including
                                                                             • Tenaga: advising the arrangers on US$120 million Islamic murabaha
  new international cross border multi-commodity backed facilities.
                                                                               PXF facility for Tenaga (for the import purchase of copper).
• Gold Corporation: advising Gold Corporation of Western
                                                                             • Metal Portfolio Financing: advising a leading trading house on
  Australia in relation to precious metal leasing facilities and storage
                                                                               a US$500 million medium term funding of its metals portfolio by
  arrangements for various central banks.
                                                                               way of a securitised note issuance secured on metal(s) inventory
• Trafigura: advising a syndicate led by ING Bank in relation to a             subject to repurchase agreements.
  US$1.8 billion uncommitted cross-border secured metal
                                                                             • Metal Streaming and Royalty Facilities: advising a number of
  concentrates borrowing base facility for Trafigura.
                                                                               lenders and corporates in relation to the structuring and commercial
                                                                               terms of streaming and royalty agreements in the mining sector.

LEONARD CLELAND                                      PAUL LANDLESS                                        MARK GILLGREN
Partner, London                                      Partner, Singapore                                   Counsel, Perth

T +44 20 7006 2070                                   T +65 6410 2235                                      T +61 8 9262 5543
E	leonard.cleland@                                  E	paul.landless@                                    E mark.gillgren@
   cliffordchance.com                                   cliffordchance.com                                  cliffordchance.com
OUR MINING AND METALS PRACTICE - Clifford Chance
22

                                                                                                                            Ti
RESTRUCTURING AND INSOLVENCY

Our leading international restructuring and insolvency                          • Bumi Resources: advising two lender syndicates on exposure to
team supports clients in relation to financially stressed                         PT Bumi Resources Tbk, the Indonesian coal mining company,
situations across the entire credit spectrum, ranging from                        and on the proposed (ongoing) restructuring of Bumi’s
                                                                                  indebtedness of US$4 billion. This is one of the largest and most
challenging refinancings to non‑consensual enforcement.
                                                                                  high-profile Asian restructurings of recent years.
Our recent experience includes advising:
• Nyrstar: advising the coordinating committee of lenders in                    • Donetsksteel: advising the syndicate of lenders with respect to
  relation to the restructuring of Nyrstar.
• RUSAL Group: advising the coordinating committee of lenders in                                                          TITANIUM
                                                                                  the circa US$1 billion debt restructuring of Donetsksteel – Iron
                                                                                  and Steel Works, Ukraine’s largest producer of hard coking coal.
                                                                                • Noble: advising a financial institution in connection with its role as

                                                                                                                            47.867
  relation to the amendment and restructuring of facilities made available
  to the RUSAL Group, a Russian metals and minerals producer, which               a senior creditor and new trade finance provider to Noble Group
  has total indebtedness of approximately US$15 billion.                          in relation to a complex, cross-border restructuring.
• British Steel: advising the Official Receiver and Special Managers of         • Celsa UK: advising the lenders to Celsa UK on its restructuring/
  British Steel on all aspects of British Steel’s liquidation, including the      refinancing.
  proposed sale of the business and assets to Jingye Iron & Steel.              • MetInvest: advising the coordinating committee representing 26
• Mongolian Mining: advising BNPP, Industrial and Commercial                      banks in connection with the circa US$3 billion debt restructuring
  Bank of China Limited and ICBC (London) plc in relation to their                for MetInvest.
  exposure to Mongolian Mining Corporation (a Cayman Islands                    • Samarco Mineração: advising Samarco Mineração S.A. (one of
  company listed in Hong Kong) in Mongolia.                                       the largest producers of iron pellets in the world) in connection with
                                                                                  the potential restructuring of approximately US$4 billion of debt.

PHILIP HERTZ                                            SCOTT BACHE                                          IAIN WHITE
Global Head of                                          Partner, Hong Kong                                   Partner, London
Restructuring, London
                                                        T +852 2826 3493                                     T +44 20 7006 2825
T +44 20 7006 1666                                      E	scott.bache@                                      E	iain.white@
E	philip.hertz@                                           cliffordchance.com                                    cliffordchance.com
   cliffordchance.com
OUR MINING AND METALS PRACTICE - Clifford Chance
92

                                                                                                                                 U
GLOBAL DISPUTE MANAGEMENT AND INTERNATIONAL ARBITRATION

Our global mining arbitration practice supports mining firms              • Middle Eastern steel company: representing a Middle Eastern
and other stakeholders with expert dispute avoidance and                    steel company in a major LCIA arbitration concerning price review
dispute resolution advice wherever in the world they operate.               and disputes over volume commitments in a 20-year offtake
The team represents parties in investment treaty and                        contract for high grade iron ores. The total claim value is
contractual arbitrations before all of the major international              estimated at over US$ 6 billion.
arbitral institutions. The world renowned arbitration team
                                                                          • Cortec Mining v Kenya (ICSID Case No. ARB/15/29):

                                                                                                                     URANIUM
capitalises on the strength of our firm’s broader mining
                                                                            representing the investor in a major pending bilateral investment
practice. Our recent experience includes advising:
                                                                            treaty dispute concerning the revocation of a mining licence for
• Mining investment company: advising a mining investment

                                                                                                                      238.03
                                                                            Mrima Hill, near Mombasa. Mrima Hill is home to the third largest
  company in a pending ICC arbitration and potential parallel treaty
                                                                            undeveloped rare earth deposit in the world and is an asset of
  claim against an African state authority arising from the latter’s
                                                                            strategic significance to Kenya.
  breach of a resource exploitation joint venture agreement and the
  African State’s purported revocation of an exploitation permit.         • Tantalum International v Egypt (ICSID Case No. ARB/18/22):
                                                                            representing a mining company in ICSID arbitration concerning
• Major global mining company: advising a major global mining
                                                                            measures taken by Egypt against Tantalum’s investments in a
  company concerning a potential ICSID arbitration arising from the
                                                                            tantalum, niobium, feldspar, quartz and alluvial tin mining project.
  breach by an African state of stabilisation provisions in a mining
                                                                            ICSID claim under a bilateral investment treaty.
  code. Claims are at least several billion dollars.

SIMON GREENBERG                                    JOSÉ GARCÍA CUETO                                  SAM LUTTRELL
Global Co-Head of Mining                           Counsel                                            Partner, Perth
& Metals, Paris
                                                   T +1 202 912 5123                                  T +61 8 9262 5564
T +33 1 4405 5114                                  E jose.garciacueto@                                E 	 sam.luttrell@
E 	 simon.greenberg@                               cliffordchance.com                                     cliffordchance.com
      cliffordchance.com
OUR MINING AND METALS PRACTICE - Clifford Chance
27

                                                                                                                Co
RISK, COMPLIANCE AND INVESTIGATIONS

Our recent compliance experience includes:                                 • International producer and marketer of commodities:
• Large mining company: representing on a range of advisory                  conducting an independent investigation in relation to an incident
  work, including preparation of a global anti-bribery programme             that occurred at a Latin American operation, involving conflict
  and advice relating to a joint venture and retention of business           between local community members and personnel working at
  consultants in Asia Pacific.                                               the operation.

• International commodities trading: assisting in conducting an            • International commodities trading company: conducting an

                                                                                                                        COBALT
  internal investigation into a possible breach of compliance in             investigation in respect of potential breaches of company policies
  security matters surrounding the death of an intruder on their site.       and procedures regarding third party payments, petty cash and
                                                                             expenses for the Colombian trading office.
• International producer and marketer of commodities:
  conducting an investigation into a whistleblowing report alleging
  potential price collusion between competitors during a tender.                                                         58.933
                                                                           • International commodities trading company: advising on an
                                                                             investigation into whistleblowing reports relating to the arrest and
                                                                             detention of an expat employee by the authorities, and allegations
• International commodities trading company: conducting a
                                                                             of bribery and anti-competitive behavior.
  review of Australian whistleblowing legislation, and assisting with
  drafting a new global whistleblowing policy.                             • International producer and marketer of commodities:
                                                                             advising in a high-profile criminal investigation commenced by a
• International commodities trading company: conducting an
                                                                             Chinese local Customs official for alleged smuggling of solid waste.
  investigation into a series of whistleblowing reports relating to the
  arrest and detention of an expat employee by the African authorities.

LUKE TOLAINI                                        SHARIS POZEN                                        GEORGE KLEINFELD
Partner, London                                     Partner, Washington D.C.                            Partner, Washington D.C.

T +44 20 7006 4666                                  T +1 202 912 5226                                   T +1 202 912 5126
E luke.tolaini@                                     E sharis.pozen@                                     E	george.kleinfeld@
  cliffordchance.com                                  cliffordchance.com                                   cliffordchance.com
6

                                                                                                                           C
ESG – SUSTAINABILTY IN THE MINING & METALS SECTOR

Our relevant experience includes advisory, transactional, risk            • CDX Gas: advising on the regulatory framework and the
management and dispute resolution mandates across the full                  environmental consents required for a coal bed methane project
range of Environmental, Social and Governance issues and                    in the UK.
all stages of a business’ lifecycle.                                      • Financial institution: advising on the application of EU REACH
• Extractives sector company: advising on multiple issues                   chemicals legislation to trading in certain metals.
   concerning implementation of its sustainable business policies,        • Multinational extractive and manufacturing company:
   including with respect to operations in challenging jurisdictions        advising on the design and implementation of a human rights

                                                                                                                     CARBON
   with weak governance, conflict or community unrest, and security         impact assessment aimed at assessing the conformity with the
   and human rights issues.                                                 UN Guiding Principles on Business and Human Rights and other
• Major energy supply company: advising on questions of                     relevant international standards.
  human rights and climate change.
• Multiple extractive sector clients: advising on M&A, project
  and investment due diligence assessing human rights risks
                                                                                                                      12.011
                                                                          • Mining company: advising on the design and implementation of
                                                                            supply chain diligence processes taking account of OECD
                                                                            guidance and other international standards; developing
                                                                            contractual frameworks for modern slavery, labour and other
  including Indigenous Peoples’ rights, land acquisition and use,
                                                                            human rights risks; advising on artisanal mining and child labour
  access to and exploitation of natural resources. Advising on
                                                                            issues and on conflict minerals.
  transparency and reporting/disclosure and on responsible
  divestment strategy.                                                    • Brazilian Green Bond: advising on green bonds where the
                                                                            proceeds of the bonds will be used for eligible projects that
• The Government of the Republic of Zambia: advising on the                 drive sustainable forest management, clean transportation and
  drafting of provisions of the Government and Privatisation                energy efficiency.
  (Amendment) Bill allocating environmental responsibility and risk in
                                                                          • Royal Dutch Shell: advising on US $10 billion sustainable facility,
  relation to Zambian Copper Mines.
                                                                            with interest and fees on the facility linked to Shell’s progress
                                                                            towards reaching its Net Carbon Footprint intensity target.

CLARE BURGESS                                      RAE LINDSAY                                        JESSICA GLADSTONE
Partner, London                                    Partner, London                                    Partner, London

T +44 20 7006 1727                                 T +44 20 7006 8622                                 T +44 20 7006 5953
E clare.burgess@ 		                                E rae.lindsay@                                   E jessica.gladstone@
  cliffordchance.com                                 cliffordchance.com                                 cliffordchance.com
3

                                                                                                                              Li
MINING, METALS AND RENEWABLE ENERGY

We have a market-leading global renewable power practice                        • Vale: advising the iron ore major in relation to the redevelopment
and increasingly are advising power suppliers and mining                          and expansion of a hydro-electric power project in Liberia in
clients in relation to the development of renewable energy                        connection with iron ore exports through that country.
solutions for the mining and metals sectors, including:
                                                                                • Australian off-grid solutions: advising Western Power on
• Chichester Power Project: advising the power company on
                                                                                  off‑grid integrated solar, battery and diesel stand-alone
   this landmark energy project which will integrate an existing dual-

                                                                                                                            LITHIUM
                                                                                  power systems.
   fuel power station, a 30MW battery and a new 60MW PV plant –
   a world first solar-battery-gas hybrid – with Fortescue Metals               • Alinta Energy: advising the renewable generator in relation to
   Group as the power offtaker.                                                   power offtake disputes with the Roy Hill iron ore mine.

• Sierra Leone: advising the developer of a major hydro‑electric
  power project in relation to power supply to iron ore projects.
                                                                                                                              6.94
                                                                                • Sovereign Wealth Fund: advising the fund on fundraising
                                                                                  for investment in clean energy projects and sustainable resource
                                                                                  production.
• Corporate PPAs: advising a major green power generator in
  relation to corporate PPA structures and standard contract terms              • Norsk Hydro: advising the lenders to a 650MW Swedish wind
  for both synthetic and physical renewable power purchase                        farm with a Norsk Hydro aluminium smelter corporate PPA.
  agreements.
                                                                                • Battery Metals: advising a major metals producer on a
                                                                                  joint venture to develop a large scale battery metals refinery
                                                                                  in Indonesia

PHILIP SEALEY                                       DELPHINE SIINO                                           RICHARD PARRIS
Director, Head of                                   COURTIN                                                  Partner, Abu Dhabi
Renewables, Perth                                   Partner, Paris
                                                                                                             T +971 2613 2374
T +61 8 9262 5542                                   T +33 1 4405 5236                                        E	richard.parris@
E philip.sealey@ 		                                 E	delphine.siinocourtin@                                   cliffordchance.com
  cliffordchance.com
                                                       cliffordchance.com
OTHER MINING AND METALS KEY CONTACTS

Africa Practice                                                                                      Americas

Casablanca               London                  Dubai                       Dubai                   North America/          Latin America
Mustapha Mourahib        Olamide Oladosu         Edmund Boyo                 Adesegun Olugbade       Latin America           Chris Willott
Managing Partner         Director (Dual          Partner                     Counsel                 David Brinton           Partner
Finance                  Qualified: Nigeria      Banking & Finance           Banking & Finance       Partner                 Projects
T: +212 52264 4310       and England)            T: +971 4503 2614           T: +971 4503 2732       Corporate/M&A           T: +1 212 878 8072
E: mustapha.mourahib@   T: +44 20 7006 2016     E: edmund.boyo@            E: adesegun.           T: +1 212 878 8276      E: chris.willott@
   cliffordchance.com    E: olamide.oladosu@       cliffordchance.com          akin-olugbade@       E: david.brinton@         cliffordchance.com
                            cliffordchance.com                                  cliffordchance.com      cliffordchance.com

Europe                                           Russia/CIS                  Middle East                                     Asia Pacific

Istanbul                 London                  Moscow (CIS)                Dubai                   Abu Dhabi               Perth
Jared Grubb              Sandy Hall              Victoria Bortkevicha        Mo Al-Shukairy          Jason Mendens           Ben Luscombe
Partner                  Partner                 Office Managing             Regional Managing       Partner                 Partner
Banking & Finance        Construction            Partner                     Partner, Middle East    Corporate/M&A           International Disputes
T: +90 212339 0 007      T: +44 20 7006 6806     Projects                    Corporate/M&A           T: +971 2613 2467       T: +61 8 9262 5511
E: jared.grubb@         E: sandy.hall@         T: +7 495 725 6406          T: +971 4503 2707       E: jason.mendens@      E: ben.luscombe@
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RECENT PUBLICATIONS

We produce a wide range of
publications and client briefings                                       MINING AND RENEWABLES –
                                                                        OPPORTUNITIES IN COLLABORATION

in relation to the mining and
                                                                        It is easy to see why interaction between the renewables and
                                                                                                                                                           Key issues
                                                                        mining sectors is steadily increasing. At a time when mine                         • Install renewable energy at
                                                                        operating costs are a key focus, renewable power can offer                            active mines to drive energy
                                                                        mining companies lower energy costs, protection against fuel                          costs down
                                                                                                                                                               Generate a new source of
                                               CLIMATE CHANGE           price volatility and, alongside new battery storage solutions,                     •
                                                                                                                                                               demand for commodities used
                                                                        mitigation of the risk of power interruptions from unreliable
                                               AND THE PRESSURE                                                                                                in energy storage technology

metals sectors. These are
                                                                        grid supplies.                                                                     •   Execute corporate PPAs for
                                               ON COAL- LATEST                                                                                                 renewables projects, mining
                                                                                                                                                               companies are ideal offtakers
                                                                        The growth of the renewables sector more generally is also
                                               DEVELOPMENT              driving increased demand for relevant commodities:                                 •   Transform disused mines into
                                                                                                                                                               pumped hydro electricity
                                                                        particularly in recent times the metals used in batteries and                          storage facilities
                                                                        electric vehicles such as copper, nickel, manganese, cobalt                        •   Address "double project risk"
                                                                        and lithium. For renewables developers, mining companies                               by asset financing portable

available via our intranet page
                                                                                                                                                               renewable energy assets
                                                                        can be the reliable long-term power offtakers under power
                                                                                                                                                           •   Reallocate renewable project
                                                                        purchase agreements (PPAs) that they need to underpin                                  risk at mine sites in return for
                                                                        project economics and raise financing. Miners too can often                            better power deals
                                                                        provide renewable developers with ideal sites for new                              •   Electrify Africa with micro-grids
                                                                                                                                                               and off-grid renewables
                                                                        projects. In this article we discuss some of the opportunities
                                                                        for the mining and renewables industries to work together.

www.cliffordchance.com/
                                                                        AN OPPORTUNITY FOR MINING COMPANIES
                                                                        Renewable power for mines
                                                                        Renewable energy can facilitate the development of new mining opportunities
                                                                        as many mines are isolated from the central power grid. As a result, obtaining
                                                                        reliable power supplies can be a major expense. Typically this involves
                                                                        investment in on-site generators fuelled by diesel or heavy fuel oil, which in

briefings.html or contact us
                                                                        turn requires substantial road infrastructure, fuel storage facilities and a
                                                                        regular fuel transportation operation. The alternative of investing in extending
                                                                        existing power transmission lines can be equally or more expensive and does
                                                                        not necessarily guarantee reliable power supply. Outside of hydro and
                                                                        geothermal power projects which can provide firm baseload power, the big
                                                                        drawback of renewable power projects has always been their characteristic
                                                                        intermittent generation – the sun shines only during the day for solar projects
                                                                        and the wind blows even less predictably for wind turbine projects. However,
                                                                        where in the past this meant that renewable power projects had only been

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                                                                                                                                                                                    Clifford Chance | 1

hard copy.                          Climate Change and the Pressure Mining and Renewables –
                                    on Coal – Latest developments   Opportunities in Collaboration
                                                                    Client Briefing Note
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                                    The Guide to Mining                Mining Arbitrations in Africa
                                    Arbitrations (Global Arbitration   (The Middle Eastern and African
                                    Review, 2019). Edited by           Arbitration Review, 2019)
                                    Clifford Chance
NOTES
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