US court dismisses Helms-Burton lawsuit against Canadian mining company

A federal court in the Southern District of Florida has granted a motion to dismiss a claim brought under Title III of the Helms-Burton Act against Teck Resources, Canada’s second largest mining company, by the former owner of a Cuban mining company. The Order is here. Following the Trump administration’s activation of Title III of the Helms-Burton Act (which provides for the US embargo against Cuba), former owners of property expropriated by the Cuban government can issue claims against foreign companies operating in Cuba.

Compensation was sought for “unlawful trafficking” in the Claimant’s property arising from the alleged confiscation of 21 mines (see previous post and reports here). The Court found that it lacked jurisdiction to hear the claim because Teck’s principal place of business is in Canada. The fact that Teck has subsidiaries in Washington State and Alaska was also insufficient to establish jurisdiction.

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About Maya Lester QC

Maya Lester QC

Maya Lester QC is a senior barrister (Queen’s Counsel) at Brick Court Chambers with a wide-ranging practice in public law, European law, competition law, international law, human rights & civil liberties. She has a particular expertise in sanctions. The legal directories say she is the...

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