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This Agreement shall be governed by and construed in accordance with the laws of the State, including international treaties and bilateral investment treaties to which the State is a party (collectively, “Applicable Law”).

Example 1
Article 21 Governing Law and Resolution of Disputes
21.1 Governing Law
Alternative (B):
This Agreement shall be governed by, interpreted, and construed in accordance with the Laws of (Country), as such Laws are set forth in duly adopted and published legislation, and supplemented by the standards, customs, and usage generally applied in the international mining industry for those matters not covered by (Country) Laws and as may be applicable. If there are conflicts between this Agreement and the Mining Proclamation or Mining Tax Proclamation, including definitions, then the Mining Proclamation and the Mining Tax Proclamation shall govern.

Example 2
Article 5
Applicable law
The law applicable to this Agreement is the law of the (Government), subject to the following conditions:
The (Government) declares that this Agreement is authorized by (Country) law. It is expressly understood that, for the entire period of its validity, the present Agreement shall constitute the law applicable between the Parties. Consequently, domestic law of the (Government), as in force and effect on the date of signature of this Agreement, shall be applicable in the interpretation of this Agreement, as a complementary tool, only to the extent that this Agreement does not exhaustively govern the issue.

Example 3
Article 15.
Applicable law
15.1 Applicable Law. This Agreement shall be governed by, construed under, and enforced in accordance with the Laws of the (Government). Anything not expressly addressed in this Agreement shall be governed by the Constitution of the (Government), the Mining Law, the Civil Code, the Commercial Code, and the Labor Code of the (Government), the General Law on Environment and Natural Resources, and other Laws, to the extent such Laws are laws of public policy.

Example 4
16.3. Governing Law
This Agreement and the relation between the parties hereto shall be governed by and construed in accordance with the laws of the [Country]. The Contractor hereby agrees and obliges itself to comply with the provisions of the Act, its implementing rules and regulations and other relevant laws and regulations.

Example 5
Applicable Law
48. This Agreement shall be interpreted according to the law for the time being in force in the State of [Country].

REFER TO MMDA DISCLAIMERS AND MMDA USER’S GUIDE
PRIOR TO ANY USE OF THIS DOCUMENT.

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