GoviEx Niger Holdings Ltd. and GoviEx Uranium Inc. v. Republic of Niger

Case summary

At a glance

Parties: GoviEx Niger Holdings Ltd. and GoviEx Uranium Inc. (Canada) v. Republic of Niger
Case no.: ICSID Case No. ARB/25/1
Forum and rules: ICSID Convention arbitration
Treaty: No investment treaty is stated. The claim rests on the arbitration clause in the Mining Convention of 26 May 2007 between GoviEx Niger and Niger, which is governed by Nigerien law.
Sector: Uranium mining
Outcome: Pending. The published documents are two company press releases and do not show any decision or outcome.

The dispute

GoviEx Niger Holdings Ltd., a wholly owned subsidiary of GoviEx Uranium Inc. of Vancouver, Canada, held a mining permit for the Madaouéla uranium project in Niger under a Mining Convention signed with Niger on 26 May 2007. In July 2024 Niger's Ministry of Mines decided to withdraw GoviEx Niger's rights under the permit. Later that month the Council of Ministers issued three decrees that withdrew the permit and revoked the decrees granting the permit and approving the Mining Convention. The companies say these measures breach the Mining Convention, the 1993 Mining Law as supplemented in 1999 and amended in 2006, the Niger Civil Code, and the State's duty to perform its undertakings in good faith. They seek reinstatement of their rights and/or monetary compensation. The published documents do not record Niger's position.

Key holdings

No tribunal decision is published. The documents are the claimants' press release announcing the request for arbitration and the company's annual letter to stakeholders. The points below state only what the claimants say. p. 1
According to the press release, the companies began the arbitration under the ICSID Convention. They rely on the arbitration clause in the 2007 Mining Convention. They say they may also pursue international arbitration under a 2019 Memorandum of Understanding signed by GoviEx Niger and the State. p. 1
The companies say they tried to settle the dispute amicably, including through an administrative recourse to the President of Niger, and that the State showed no willingness to engage. p. 1
The companies describe the project as forecast to need initial capital expenditure of USD 343 million, to create up to 800 jobs over a 20-year mine life, and to have attracted expressions of interest above USD 200 million for debt finance. The press release does not state an amount claimed. p. 1

Procedural history

26 May 2007GoviEx Niger and Niger sign the Mining Convention, which contains the arbitration clause.
July 2023Coup d'état in Niger, as mentioned in the press release.
July 2024The Ministry of Mines decides to withdraw GoviEx Niger's rights under the Madaouéla mining permit. The Council of Ministers then issues three withdrawal decrees.
9 December 2024GoviEx announces that it has commenced ICSID arbitration against Niger.
6 January 2025In its annual letter to stakeholders, GoviEx confirms that the arbitration is pending and that it remains open to a negotiated settlement.