In a 5-4 decision back in February 2020, the Supreme Court of Canada gave the green light to Canadian courts to develop new forms of civil liability based on alleged breaches of customary international law.
We speak to McMillan LLP litigation partner and international arbitration co-chair Robert Wisner to find out what the implications of this decision are, and what the landmark case could mean for Canadian mining companies.
Nevsun Resources was a Canadian diversified mining company that was acquired by the Chinese Zijin Mining Group in 2018. One of Nevsun’s principal assets, the Bisha zinc-copper mine in Eritrea, is the subject of the case Nevsun Resources Ltd. v. Araya. Construction began on the Bisha mine in 2008, using workers from the country’s National Service Program. Continue Reading →