Masterclass B

Legal aspects of mining transactions
30 March 2007

led by:

With clients that include many of the world’s largest resources groups, Allens Arthur Robinson is very much on the cutting edge of developments in the sector and provides the strategic knowledge, technical and negotiation skills to assist their clients in achieving their commercial objectives.

This masterclass will provide participants with practical information in negotiating and implementing mining transactions & agreements in Asia.

The masterclass will discuss the project risks involved and will examine some of the mitigation strategies available, providing case studies of recent transactions.

Agenda:

1. Concessions/ Licences/ COWs/ MDAs
• Comparison of the various agreements
• Maximising certainty vs minimising country risk
• Recent developments and cases to avoid pitfalls

2. Joint Ventures
• Agreements where parties govern their relationships vs agreements where parties secure rights
• Other forms of strategic alliances
• Identifying the pitfalls and drafting your agreements to avoid them

3. Sale of Product
• Improving security of supply for buyer and of cash-flow for seller
• Reallocation of risk, on-line markets vs long-term arrangements
• Use of ISDA

4.Acquisition of Interest
• The acquisition process and country differences
• Tenders vs negotiated sales
• Recent trends, identifying the pitfalls and drafting your agreements to avoid them

5. Taxation of Mining Projects
• Examination of forms of taxation in the mineral sector
• Comparative analysis of minerals royalty regimes
• Recent trends and issues in taxation of mining projects

Leaders:

Gavin MacLaren
Partner and Head of South East Asia Practice
Allens Arthur Robinson, Singapore

Seamus Cornelius
Partner and Head of Greater China Resources Practice
Allens Arthur Robinson, Shanghai

Steve Pemberton
Partner and Head of Asia Project Finance Practice
Allens Arthur Robinson, Singapore