At LIDW 2026, Freeths and Young ITA hosted “From Mine to Market: Regulatory and Dispute Trends in the Global Critical Minerals Market”, bringing together industry and legal perspectives to explore how geopolitical pressure, ESG expectations and supply chain disruption are reshaping disputes across the mining sector.
Moderated by Ciara Ros (Freeths), the panel featured insights from Victoria Usova (Central Asia Metals), Tiago Duarte-Silva (CRA), Olivia Kaye (Outer Temple Chambers) and Patricia Snell (Covington & Burling), with a discussion that moved quickly from macro trends to practical dispute risk.
The panel took a global approach, moving across Africa, the Middle East, Central Asia, Canada and the United States to examine how legal frameworks, political priorities and commercial realities are driving disputes in different ways - yet often with common underlying themes.
A truly global discussion
One of the defining features of the session was its breadth. The discussion highlighted how resource nationalism, ESG pressures, pricing volatility and supply chain disruption are being felt across jurisdictions, but are manifesting differently depending on local regulatory structures and stakeholder dynamics.
From emerging critical mineral projects in Africa to more mature regimes in Canada, the panel explored how governments are increasingly focused on securing strategic resources, often leading to shifts in licensing regimes, fiscal terms and state participation - all of which create fertile ground for disputes.
ESG and stakeholder engagement at the forefront
A central thread running through the discussion was the growing importance of ESG and, in particular, stakeholder and community engagement.
The conversation drew comparisons between jurisdictions with well-developed frameworks for engagement - such as Canada - and those where such processes are less embedded. A key takeaway was that early and meaningful engagement with local communities, including Indigenous groups, can play a critical role in mitigating disputes before they arise. In contrast, where engagement is delayed or insufficient, issues are more likely to escalate into formal disputes that are harder to resolve.
This shift reflects a broader trend: ESG considerations are no longer peripheral but sit at the heart of dispute risk in the sector (and the availability of financing before parties can even commence a project, let alone reach disputes stage).
Increasing complexity in risk and valuation
The panel also explored how volatility - whether geopolitical, regulatory or economic - is challenging traditional approaches to risk allocation and valuation. Pricing instability, project delays and shifting legal frameworks are making it more difficult to predict outcomes and quantify loss, particularly in arbitration.
As a result, both investors and states are operating in an environment where assumptions that once underpinned long-term mining projects are no longer as reliable.
Contracts under strain
These pressures are feeding directly into contractual relationships. The discussion highlighted a growing need for flexibility in drafting, including mechanisms to deal with pricing changes, regulatory shifts and multi-jurisdictional risk.
At the same time, many disputes continue to arise from legacy agreements that were not designed to accommodate today’s realities—creating tension between historic contractual frameworks and the modern operating environment.
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What's next?
The session reinforced that disputes in the critical minerals space are becoming more complex, more political and more globally interconnected. While the drivers of disputes may vary by jurisdiction, the direction of travel is clear: greater scrutiny, greater volatility and greater emphasis on responsible and sustainable project development.
For those operating in the sector, the message was clear - understanding local dynamics is critical, but so too is taking a global view of how these trends are evolving and intersecting.
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The London Metal Exchange Arbitration Regulations have been available for disputes arising from LME market contracts and physical metals disputes for many years but the push for critical minerals has reinvigorated focus on their usability. In the third of our arbitral rules series, we take a look at the key provisions of the LME Regulations and share practical guidance on selecting the right framework for contracts and considerations when a dispute arises.
If you would like to discuss how these mechanisms could be applied in your projects, please reach out to Ciara Ros.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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