CHAPTER 5 ROFR MADNESS: THE SEQUEL! A CASE COMMENTARY ON THE EL MORRO DECISION AND THE FUTURE OF ROFRS

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2013)
CHAPTER 5
ROFR MADNESS: THE SEQUEL! A CASE COMMENTARY ON THE EL MORRO DECISION AND THE FUTURE OF ROFRS
Richard Miner
Partner, McCarthy Tetrault
Toronto

RICHARD MINER is a partner in McCarthy Tétrault based in Toronto, Canada and the Chair of its Global Mining Group. He advises major mining clients on the formation, financing and operation of international joint ventures, mergers and acquisitions, property option and earn-in agreements, concentrate, metal sale, processing and hedging arrangements, royalty and metal streaming agreements and financial and tax reorganizations. His industry experience includes precious and base metals, iron ore, diamonds, potash and industrial minerals. His major projects include sale of a zinc smelter in Canada and a nickel refinery in Europe, acquisition of a JV interest and offtake rights for a nickel project in Tanzania, JV and carried funding financing arrangements for a copper project in Chile, long term off-take agreements with international smelters to support project financing for a copper project in Peru, marketing and off-take arrangements for a potash project in the USA, advising on litigation concerning exercise of a right of first refusal over an interest in a copper project in Chile, acquisition of a copper project in Argentina and a public share exchange and royalty transaction for a diamond project in Quebec. He is also very active in representing various Chinese mining companies in major transactions including the take-over of a Canadian public company with a large copper project in Peru, acquisition of an interest and off-take rights in, and provision of project financing for, a molybdenum project in Nevada and the...