Richard Swan and Gannon Beaulne write in the June edition of Canadian Mining Journal on the growing legal uncertainty for miners operating abroad, illustrated by the Araya v Nevsun Resources Ltd case.

Richard and Gannon explain why Canadian resource companies should take note of the case, as it could have broad implications that include more litigation risk, more limited opportunity to defeat weak claims in a case’s early stages, and an area of increased focus in M&A risk assessment and diligence.