Australian mining group Sundance Resources Ltd has suffered a major legal setback in its long-running dispute over the Mbalam-Nabeba iron ore project after an International Chamber of Commerce (ICC) arbitral tribunal dismissed its claims against the Republic of Congo. The tribunal’s ruling confirms that Congo had a legitimate basis to revoke the mining permit held by Sundance’s subsidiary, Congo Iron, because the company failed to develop the project within the required time frame between 2016 and 2018. All claims by Sundance and Congo Iron were dismissed, dealing a blow to the company’s bid for compensation and reinstatement of its rights.
In a statement released on 28 January 2026, Sundance said that its board, legal advisers and litigation funder Burford Capital were “shocked by this ICC award,” arguing that the tribunal’s decision lacked sufficient reasoning and contained what the company described as serious procedural irregularities under the English Arbitration Act 1996. Sundance has already filed an application with the High Court of Justice of England and Wales (Commercial Court) seeking to have the award set aside, asserting that the tribunal misunderstood key aspects of mining operations and the iron ore market.
Project background and stalled development
The Mbalam-Nabeba iron ore project straddles the border between Cameroon and the Republic of Congo and was once seen as a flagship investment with potential for large-scale production. Securing financing and technical partners proved difficult for Sundance, hampering progress on strategic infrastructure, including a 500-kilometre railway to the port of Kribi, mine construction and port facilities. Talks with potential partners like China Gezhouba, Tidfore Heavy Equipment and AustSino failed to result in long-term commitments, leaving the project essentially dormant.
Following the permit revocation in Congo, the licence was transferred to Sangha Mining Development, a subsidiary of Bestway Finance Ltd tied to Chinese interests. On the Cameroon side, the mining permit was issued to Cameroon Mining Company Sarl (CMC) in August 2022, also backed by Bestway Finance, effectively sidelining Sundance’s position in the project.
Separate arbitration against Cameroon
Despite the Congo ruling, Sundance says its arbitration case against Cameroon, filed in 2021 and heard by a different ICC tribunal, remains independent, with a decision expected between February and March 2026. The company has stressed that the outcome in Congo should not affect the Cameroon proceedings, where it continues to press claims related to the Mbalam-Nabeba rights and alleged losses from permit reallocations.
The disputes underscore the challenges international mining firms face in Africa’s resource sector, particularly the requirement to meet development obligations attached to permits, shifting investment partnerships and the legal complexities of cross-border resource projects.
