With a growing number of African nations seeking to assert greater control over their natural resources, the resulting renegotiation of mining deals has, in certain instances, created significant challenges for mining companies operating on the continent.
After Mali’s mining code raised royalties to 35% and the state seized assets amid political instability, it was arbitration that enabled Barrick Gold to challenge these measures, securing interim relief through neutral proceedings and specialist expertise. Similarly, when Guinea’s 2025 bauxite crisis saw three foreign operators face licence withdrawals, it was arbitration that enabled them to challenge these decisions, leveraging expert geological assessments to address regulatory instability and secure swift enforcement of their rights.
“Resource nationalism is leading to permits being revoked and executives being jailed from Mali to Niger, and with this new wave of countries pushing to secure Africa’s critical mineral resources to further drive industrial development, we foresee many legal battles ahead,” says Arbitration Foundation of Southern Africa (AFSA) CEO Andile Nikani.
For this reason, he highlights, mining CEOs and executives should attend Johannesburg Arbitration Week (JAW) 2026, taking place between May 5 and 7 at the Sandton Convention Centre. A number of sessions across the two-day conference are intended to delve into the legal complexities arising from resource nationalism, including contractual breaches, regulatory shifts and community unrest stalling operations continent-wide.
Other sessions will examine how arbitral tribunals balance investor protections against ESG regulations and other interventionist policies intended to protect Africa’s resource landscape.
“The 2025 ICSID claim against Mali’s junta exemplifies this difficult balance. In arbitration, Barrick secured interim measures preserving $2-billion in gold output, as tribunals weighed force majeure defences against state sovereignty and enforced cross-jurisdictional remedies.
“We have found that many international companies might not understand how decisions are made on the continent. It is therefore important to look at developing UNCITRAL-aligned hubs like Johannesburg, building local jurisprudence and sharing best practices for ensuring neutrality. It is important to have mining companies as part of these important discussions,” Nikani states.
To mining companies currently facing disputes, Nikani emphasises: “Embrace mediation first to preserve partnerships, then arbitrate confidentially, which allows parties to work around court capacity gaps, saving millions in legal costs.”
