Milbank LLP International Arbitration partner Viren Mascarenhas has published an article, “Assessment of Stakeholder Options to Participate in Disputes Over Seabed Mining,” in the American Journal of International Law. The article is part of the symposium on “Ownership in the Deep Seas” and the journal’s Unbound series.
The article discusses potential disputes that might arise between States, mining contractors and the larger international community under the United Nations Convention on the Law of the Sea (UNCLOS) over deep seabed mining. This matter is of a critical importance given increased scrutiny of deep sea mining for minerals necessary to the clean energy transition.
Mr. Mascarenhas’ investment arbitration and commercial arbitration experience includes advising or representing energy and mining companies in investment treaty and commercial claims against Argentina, Azerbaijan, Bosnia-Herzegovina, Bolivia, Ecuador, India, Italy, Mexico, Nigeria, Peru, the Philippines, the Russian Federation, Timor-Leste, Uruguay and Venezuela. He has also represented States in a number of investment arbitrations, including over mining disputes. He has experience in commercial arbitrations involving mining-related infrastructure, including steel plants, and port and railway concessions. In addition, he has represented a wide variety of parties in proceedings before international courts and tribunals, including the International Court of Justice, the International Tribunal for the Law of the Sea, and regional human rights courts.
