Mining

At AVL Abogados, we specialize in providing comprehensive support to our clients throughout all critical phases of the mining industry, from exploration and extraction to refining and commercialization of minerals.

We ensure that each mining operation rigorously complies with current legal and regulatory requirements, both nationally and internationally. Our commitment is to guarantee that mining activities proceed without legal setbacks, minimizing risks and conflicts with the State, local communities, workers, and the environment.

In addition to our experience in managing licenses and permits for the exploration of new deposits, we provide specialized advice on structuring and negotiating financing contracts for mining projects. We facilitate access to financing through various types of contracts, such as earn-in agreements, royalty contracts, financing arrangements with investors and financial institutions, and the structuring of joint ventures and strategic partnerships for the development of mining projects.

During the extraction phase, our focus is on managing and negotiating exploitation contracts and resolving disputes, protecting our clients’ legal interests at every stage of the extraction and production process. In the refining and commercialization stage, we provide advisory services for drafting complex commercial contracts, ensuring compliance with all legal aspects related to the sale of minerals and derived products.

Our comprehensive and long-term success-oriented approach sets us apart as strategic partners in the mining industry, providing effective legal solutions tailored to the specific needs of each project and financial situation.

AVL Abogados stands out for its team of highly skilled professionals with extensive experience in mining law.

Our experts combine solid legal knowledge with a deep understanding of the specific challenges of the mining industry. We are recognized not only for our ability to handle complex regulations and standards, ensuring rigorous compliance at every stage of the mining process, but also for our commitment to ethics and client service.

Learn about our firm's notable cases.

  • AVL Abogados has advised on the financing of major mining projects in Ecuador, including structuring a financing deal of over US $1 billion for a gold mining project, the most significant in Ecuador’s mining history.

  • We have provided counsel to mining companies, banks, investment funds, brokers, and private investors on various financial and securities structures.

  • We have successfully advised on three of the four mining concession contract negotiations conducted in Ecuador.

  • We have participated as part of teams in obtaining permits and licenses for large-scale mining projects.

  • We have been involved as part of negotiating teams for Investment Protection Agreements, including their renegotiation.

  • We have provided advisory services to the National Mining Company (ENAMI) to establish Public-Private Partnerships for the development of mining projects.

  • Advice on various investment arrangements in mining projects in Ecuador under the figures of Earn-in, Farm-in, Option Agreements, Joint Ventures, Royalties, etc., acquisition of mining companies, transfers of mining concessions, and assignments as collateral of mining rights, commercialization contracts, among others.

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Recognitions

Chambers and Partners

Chambers, Latin America, Energy & Natural resources

What the team is known for

Noteworthy firm with a strong reputation advising clients from the mining industry on their gold, zinc and silver extraction mining projects. The team is well placed to assist with the negotiation and execution of concession and joint venture agreements, as well as across administrative procedures for the renewal of water and environmental permits. Nemesia is a new client win for the firm.

Strengths

A client praises the firm’s service, stating: “They are a professional team with broad knowledge of the area,” adding that “they go above and beyond what we ask of them.”

Work highlights

Advised Semaica on the implementation of several instruments for a proposed investment in two mining projects in Ecuador, including joint venture and shareholder agreements, as well as the incorporation of a new company to act as mining title holder.

What the team is known for

Noteworthy firm with a strong reputation advising clients from the mining industry on their gold, zinc and silver extraction mining projects. Team is well placed to assist with the negotiation and execution of concession agreements and acquisition of mining projects, as well as across administrative procedures for the renewal of water and environmental permits. Cornerstone is a new client win for the firm.

Strengths

Praising the firm’s experience in this field, one client reports: “They are very familiar with the mining sector. They know how to work in this area and they have a team of good lawyers.” They also appreciate that “they always kept us up to date and provided good and timely advice.”

Work highlights

AVL Abogados assisted INV Metals with the legal procedure for a change of phase, as well as in the execution of an exploitation agreement.

What the team is known for

AVL Abogados is a dynamic law firm in Ecuador with a strong reputation advising clients from the mining industry on extraction mining projects. The legal team is well placed to assist with the negotiation and execution of concession agreements and acquisition of mining projects, as well as across administrative procedures for the renewal of water and environmental permits. AVL Abogados is also skilled at assisting with sustainability-related matters in the mining industry.

Strengths

“AVL Abogados provides transparency and professionalism and a solid commercial awareness. They are at the forefront of the country’s market and policies.”

Work highlights

AVL Abogados assisted Dundee Precious Metals with the legal procedure for a change of phase, as well as in the execution of an exploitation agreement.

What the team is known for

AVL Abogados is a dynamic law firm in Ecuador with a strong reputation for advising clients from the mining industry on extraction mining projects. The legal team is well placed to assist with the negotiation and execution of concession agreements and acquisition of mining projects, as well as across administrative procedures for the renewal of water and environmental permits. AVL Abogados is also skilled at assisting with sustainability-related matters in the mining and power industries.

Strengths

“AVL Abogados is experienced in advising companies engaged in mineral exploration in Ecuador and has a deep bench of talent in regulatory matters and litigation.”

Leaders League

Energy and Environment – Mining Law – 2024

Recommended

When is a Mining Lawyer needed?

  • In selecting the optimal corporate structure of a mining company:

  • In managing the day-to-day operations of a mining company in exploration and exploitation, including all regulatory aspects.

  • When purchasing and selling mining projects in Ecuador, which includes conducting thorough due diligence on concessions and the concessionaire.

  • When seeking advisory services in drafting and negotiating various investment contracts and negotiating mining exploitation contracts.

  • To adequately manage the relations between mining companies and local communities to facilitate the smooth development of projects.

  • In the environmental and water aspects of a mining company’s operations, including the obtainment and management of the corresponding environmental and water permits.

What services does AVL provide in this area?

  • AVL Abogados provides comprehensive legal support in the mining industry, from selecting the optimal corporate structure to protect mining rights and manage foreign investments, to the comprehensive management of projects. Our services cover all phases: exploration, extraction, refining, and commercialization of minerals.

  • We specialize in the purchase and sale of mining projects in Ecuador, conducting thorough due diligence on concessions, the companies holding the concessions, negotiating sale and financing contracts, and structuring guarantee schemes to ensure successful transactions.

  • Additionally, we provide advisory services in drafting and negotiating various investment contracts such as Joint Ventures, Farm-in agreements, financing, and streaming arrangements, as well as negotiating mining exploitation contracts and investment protection agreements with the State.

  • We are committed to rigorous compliance with legislation and strengthening relationships with local communities to facilitate the smooth development of projects. In cases of litigation, both judicial and arbitral, we provide representation in disputes between partners, investors, and constitutional actions, ensuring effective and strategic solutions for our clients.

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