Timothy Foden Warns of Persistent Risks for Foreign Mining Companies in Africa
Timothy Foden, Partner and Co-Head of the Arbitration Group at Boies Schiller Flexner, has cautioned that foreign mining companies operating in Africa continue to face significant risks. Boies Schiller Flexner specializes in representing mining companies in disputes with sovereign states.
Foden attributes these risks to the rise of “Coup Belt” states, which are challenging the Western-dominated international order and increasingly aligning with Russian and Chinese interests.
He noted that while some African nations, such as Mozambique and Zambia, have demonstrated prudent dealings with foreign investors, optimism regarding a broader trend of reasonableness in sovereign conduct proved misplaced in 2024.
In his article, New Year’s Resolutions for Mining Companies, 2025 Edition, Foden delved into the complex negotiation dynamics between foreign mining investors and African governments.
“When African states demand in-person meetings with company representatives to address alleged outstanding tax payments or unsubstantiated fines, avoid sending company executives. Local executives and lawyers are sufficient,” he advised.
Foden emphasized a notable, albeit unwritten, safeguard in such negotiations: “There is an unwritten rule that states should not detain lawyers. I routinely test that proposition, and so far, it has held true.”
His insights highlight the ongoing challenges for foreign mining investors navigating legal and geopolitical complexities in Africa.
SOURCE:zambiamonitor.com
