Believe arbitration bifurcation will be discontinued entirely and the company will have to pay their lawyers because of the appeal in Greenland courts.
ETM's legal expenses for this arbitration are being funded by Burford Capital, a prominent litigation finance firm. Under this arrangement, Burford Capital covers the legal costs in exchange for a portion of any financial award if ETM prevails. This means that ETM is not directly bearing the legal costs, regardless of the case's outcome. The Guardian+1Global Arbitration Review
Arbitration isn’t going to interfere when the GoG decision not to grant a mining license has a remedy to appeal within the Greenland mineral resources act.
The case is being brought under international investor-state dispute settlement (ISDS) mechanisms, likely under agreements between Australia (where ETM is based) and Denmark (which handles Greenland’s foreign affairs).If the tribunal finds that Greenland (or Denmark) breached the terms of the investment treaty—for example, through unlawful expropriation or discriminatory treatment—ETM could be awarded monetary compensation.
The Guardianhttps://chatgpt.com/c/6837ef4a-eb1c-8001-9ad2-8b68089fb69c#:~:text=The%20Guardian%2C%20March%202025%20%E2%80%93%20Environmental%20law%20and%20arbitration%20context
, March 2025 – Environmental law and arbitration context
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