The commercial group owns the ports of Zhonglin Rugao, Zhonglin Xinminzhou and Zhonglin Suqian, as well as the aquatic and port area of the Yangtze and the canal coast, as well as 780,000 t of wharf. HDCTC has logistics and mass goods interests, uses the extensive logistics infrastructure of the purchasing group and has traded with more than 5 Mt of iron ore and coal in the last two years. Licensing disputes often focus on the financial aspects of the licensing relationship between the parties, such as the calculation and payment of the royalty, including the determination of production or proceeds as well as the conditions of acceptance for the payment of the royalty in kind. Disputes may also arise if the licence agreement provides for extensive company agreements and information rights or if the assignment rights for mineral licence royalties are ambiguously worded. Given the significant investments and expected returns associated with long-term purchase, licensing and streaming agreements, as well as the complexity of such contracts, litigation is inevitable. There is no doubt that arbitration, when properly used and controlled, is the natural and most popular method of solving it. Like long-term gas sales agreements, many long-term mining agreements will contain price adjustment mechanisms, also known as price review or price opening clauses, requiring the parties to renegotiate elements or variables of the price formula, including the base mark or index used to determine the price. However, unlike gas sales agreements, which have received considerable attention in recent years with regard to these clauses, the mechanisms for revising the prices of long-term mining, licensing and streaming purchase agreements have not been the subject of such a comprehensive comment. The quality of a mineral delivered is usually decisive for the buyer. Mineral purchase contracts therefore contain agreed physical and chemical specifications. Depending on the product, the desired physical properties may include the size, shape, mass and fineness or surface area of the particles.
Licensing agreements give a state or private party (the licensee) the right to obtain part of the production of a project in cash or in kind in exchange for advance capital. They generally cover the entire life of a mining project. Mining companies rely heavily on licensing agreements for certain metals as a form of financing to facilitate the development of new projects. Among the different terms of the licence agreements are the form of the royalty and the applicable royalty rate, which can vary considerably depending on the agreements entered into by certain parties. Another area of intense conflict between miners and buyers is over the quantities of products to be delivered. Other key elements of price review clauses and price arbitrations are the price adjustment guidelines. The price adjustment guidelines described above are intended to adapt a published reference to market prices to the specificities of a product or to the specificities of the respective positions and needs of the parties in the context of a contract. These conditions do not concern commercial discounts or premiums as such, but specially designed adaptations which would reorient a market reference which another but related product may relate to the specificities of the product actually sold. . . .