Growth, ESG, and Enforcement: Key Takeaways from the ITA Conference on International Arbitration in the Mining Sector

Erso were proud to sponsor and take part in the 4th Annual ITA Conference on International Arbitration in the Mining Sector

International arbitration in the mining sector has grown dramatically in recent years. According to ICSID statistics, the share of newly registered cases in the oil, gas, and mining sector has risen sharply: from 23% of new registrations in CY2023, to 38% in CY2024, to 45% in CY2025. Mining alone accounts for a significant portion of that growth: in CY2025, 15 of the newly registered ICSID cases concern mining, representing 24% of all newly registered cases. The 4th ITA Conference on International Arbitration in the Mining Sector, held this March in Toronto in conjunction with PDAC, the mining industry’s preeminent annual gathering, offered a timely forum to examine what is driving this growth and what it means for key players.

Despite political headwinds in certain quarters, ESG is far from dead in the mining sector.  In fact, it is deeply embedded in how mining investments are structured, financed, and permitted and now functions as a baseline business consideration rather than a discretionary one. As such, regardless of the political climate, and states that ignore ESG considerations and do not thoughtfully engage with local communities and stakeholders do so at significant legal and financial peril.

Another theme at the conference was the increasing sophistication of both sovereign and creditor counsel in the enforcement and collection space.  States have become more adept at anticipating enforcement exposure, while creditors have responded with increasingly creative strategies involving asset tracing and targeting lower-value but higher-leverage assets.  Third-party funding also has a significant role in the enforcement space.

As the mining sector and its use of international arbitration evolves, Erso will continue to follow developments relevant to the mining industry, investors, and their counsel.