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Timothy Foden, a Partner and Co-Head of the arbitration group at Boies Schiller Flexner, has warned that the risks for foreign mining companies in Africa remain high.
Boies Schiller Flexner represents mining companies in disputes with sovereign nations.
Foden said this came as a result of the emergence of Coup Belt States scanning their interests at the Western-led international order and cosying up to Russian and Chinese benefits.
He added that the trajectory of sovereign conduct towards foreign investors curved towards reasonableness, adding that “and whilst jurisdictions like Mozambique and Zambia have demonstrated prudence in dealing with their foreign partners, my optimism was once again misplaced in 2024.”
Writing in New Year’s Resolutions for Mining Companies, 2025 Edition, Foden discussed the negotiation practices between foreign mining investors and African governments.
“When African States demand in-person meetings with company representatives to discuss alleged outstanding tax payments or other unsubstantiated penalties or fines, do not send company executives to attend those meetings. Local executives and lawyers will suffice.
“There is an unwritten rule that States should not lock up the lawyers. I seem to test that proposition routinely, but so far it has held true,” he said.
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