Developments in state attribution, governance, and Indigenous self-determination in mining investment disputes – McCarthy Tétrault
May 28, 2026
Key takeaways
- Mining investment disputes increasingly sit at the intersection of Indigenous rights, State regulation, and investor protection.
- Tribunals are scrutinizing State conduct through the lens of Indigenous consultation, consent, and governance.
- Recent awards suggest an expanded willingness to attribute Indigenous community conduct to States in certain circumstances.
- These developments are reshaping legal and commercial risk for mining investors operating in Indigenous territories.
Why this matters
Social licence challenges and Indigenous governance issues are increasingly influencing project viability, regulatory stability, and exposure to international arbitration claims.
