Markus Burgstaller

   

Partner
Hogan Lovells

BIO

Markus Burgstaller is a Partner at international law firm Hogan Lovells in London.

He specializes in advising on the protection of foreign investments with a focus on the mining sector. Markus combines experience in public international law and EU law at the highest level of government with many years of experience in private practice. He acts for businesses, individuals, States and international organizations in international disputes. He is nominated to the ICSID Panel of Arbitrators by the Austrian Government.

Markus was lead counsel for the Slovak Republic in the Achmea case before the CJEU in which the CJEU ruled that EU law precludes a provision in an international agreement concluded between EU Member States that provides for investor-State arbitration. For his work Markus received the Financial Times Innovative Lawyers award for innovation in legal expertise – dispute resolution and was named "Lawyer of the Week" by The Times.

Recognized as a leading individual in public international law in the UK and globally, Markus guest lectures at universities such as the University of Cambridge and the London School of Economics and Political Science. Markus is frequently interviewed and published in international media such as the Financial Times, The Economist, The Times, the BBC, and the Frankfurter Allgemeine Zeitung.

Session 5
22 October 2025 / 09:30 - 11:00 | Lagoas hall

Protection of foreign investments in the mining sector

With the energy transition, the demand for metals and minerals is significant. These are vital for energy transition infrastructure, such as wiring and electrification, and the production of battery energy storage systems and electric vehicles. According to the World Bank, the demand for the minerals and metals required for electrification and battery manufacturing is expected to increase threefold by 2040 and sixfold by 2050.

Investments in mining projects are both time and capital intensive and have long-term profit horizons. Investors may have to contend with political and regulatory change that could affect the economic viability of their investments. This can be unpredictable, and relationship-driven means of mitigating political risk may no longer be effective following (in particular) a change in government. In recent times, many governments have been elected on the back of promises of a protectionist approach. This may lead to amendments to mining codes, contract renegotiations, stricter regulations, or export bans.

I will explore how political change impacts mining investments, and how mining companies can take steps to protect themselves against political risk. When State interference affects a foreign investment it can lead to claims under investment treaties as investors seek to protect their position. Investors investing in mining would be well-advised to ensure that they are entitled to protection.