Services
Mining
We are one of the Ecuadorian firms that first ventured into the mining industry, about 30 years ago. As both external and in-house lawyers, we have accompanied our clients in all phases of the industry, including the exploration, production, refining, and commercialization of minerals.
We advise our clients in their day-to-day operations, ensuring compliance with mining regulations and related areas. We help mining activities to be carried out in compliance with applicable law, minimizing conflicts and risks with the State, communities, workers, and the environment.
Our services
Our services
Mining companies must meet specific requirements from the moment of incorporation in order to operate in a highly regulated industry. We advise our clients in the selection of the ideal corporate vehicle to be the holder of mining rights, attract foreign investments, and manage mining projects properly.
For nearly three decades, AVL has been accompanying its clients in all phases of the mining industry, including the exploration, production, refining and commercialization of minerals. Our law firm currently advises most of the mining projects in the country. During the life of the concessions, we advise our clients in complying with regulatory, administrative, environmental, and social obligations.
We have participated in the purchase and sale of the main mining projects in Ecuador. Our advice focuses on carrying out a thorough due diligence of mining concessions, advising during the negotiation of the contracts for sale and financing, structuring the schemes of guarantees, and ensuring that the transaction is implemented under the agreed terms.
We have extensive experience in the drafting, negotiation, and implementation of investment contracts, including Joint Ventures, Farm-In, Opt-In, Operation, Financing, and Streaming Agreements as well as securities schemes (assignments of rights in guarantee, trusts, pledges, mortgages, etc.), which must comply with certain specificities of Ecuadorian legislation.
In Ecuador large-scale mining projects require the signing of an exploitation contract to begin their production phase. We have successfully advised on the negotiation of two of the three mining contract that have been agreed with the Ecuadorian state, offering a unique advantage to projects that reach the production phase. In parallel, AVL has advised several companies in the negotiation of investment protection contracts with the State that aim to guarantee the legal and tax stability of their investments.
A "social license" is critical in any mining project. Beyond the obligations established in the legislation, we support our clients in strengthening relations with nearby communities, which is essential for projects to move forward in a sustainable fashion in agreement with all stakeholders. In this context, we have an in-depth understanding of the implications and scope of prior consultations in the mining industry.
AVL has extensive experience in judicial and arbitral litigation in the mining industry, including disputes between partners, investors, suppliers and financiers. Likewise, we have extensive experience in claims of a constitutional nature, including extraordinary actions of protection, selection of binding jurisprudence, and prior opinions of constitutionality for referendums, among others, before the Constitutional Court.
Success Stories
- Successfully advised two of the three negotiations for mining development contracts that have been carried out in Ecuador.
- Took part in the transaction teams to secure permits and licenses for large-scale mining projects.
- Took part in the negotiating teams to negotiate two Investment Protection contracts.
- Took part in the sale of Kinross Gold Corporation assets in Ecuador.
- Counseled the National Mining Company (ENAMI) on putting together Public-Private Partnerships to develop mining projects.
- Counseled on the preparation and implementation of instruments for the financing of mining projects for over one billion dollars.
- Counseled on various mining project investment processes in Ecuador involving Farm-in Arrangements, Option Agreements, Joint Ventures, etc., and mining company acquisitions and concession transfers, among others.
