Freeport-McMoRan Inc., (FMCG) is a mining company based in the Freeport-McMoRan Center, in Phoenix, Arizona.
If the Dispute has not been successfully resolved by negotiation under Section 10.3 within 45 days of the Dispute Notice, and only in such event, either party may submit the Dispute to mediation pursuant to this Section 10.5 by giving the other party notice of its desire to proceed with the mediation (the “Mediation Notice”). The mediation will be conducted in accordance with the American Arbitration Association (“AAA”) Commercial Mediation Rules then in effect, as modified by this Section 10.5. The parties will attempt to agree on the identity of the mediator, but if they cannot agree within 10 days after the Mediation Notice is given, either party may request that AAA select the mediator. However selected, the mediator will be independent of each party and disinterested in the Dispute, but knowledgeable concerning the general subject matter of the Dispute. The parties will evenly split any fees charged by the mediator or AAA, regardless of the outcome of the mediation. Each party will bear the fees and expenses of its attorneys, experts, and consultants in connection with the mediation. -Freeport-McMoRan Contractor Agreement (2014)
PT-FI conducts its current exploration and mining operations in Indonesia through a COW with the Indonesian government. The COW governs our rights and obligations relating to taxes, exchange controls, royalties, repatriation and other matters, and was concluded pursuant to the 1967 Foreign Capital Investment Law, which expresses Indonesia’s foreign investment policy and provides basic guarantees of remittance rights and protection against nationalization, a framework for economic incentives and basic rules regarding other rights and obligations of foreign investors. Specifically, the COW provides that the Indonesian government will not nationalize or expropriate PT-FI’s mining operations. Any disputes regarding the provisions of the COW are subject to international arbitration. -India Mining Operations Contract of Work (2017 10-K)