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First Quantum's $20 billion gamble on Panama just got a new twist

First Quantum's $20 billion gamble on Panama just got a new twist

Photo: Tom Fisk

First Quantum Minerals shut down one of the world's largest copper mines in 2023, watched it erase 4.5% of Panama's entire economy, and then filed a $20 billion arbitration claim against the country. Now Panama is weighing whether to build a state-owned mining company just to find a legal path to let First Quantum back in, and the Canadian miner has quietly suspended that lawsuit while negotiations play out.

That suspension is the real signal. You don't pause a $20 billion legal claim unless you think there's something worth waiting for.

What actually happened

The Cobre Panama mine was closed after Panama's Supreme Court ruled that First Quantum's 20-year-old mining contract was unconstitutional. The ruling came amid mass protests over environmental concerns and governance. Panama's current president, Jose Mulino, won his 2024 election partly on a pledge to finalise the shutdown after a full audit.

Two years later, his government has quietly been doing the opposite of finalising anything. It has allowed First Quantum to sell the last copper concentrate sitting in storage, restart the mine's power plant, and complete an environmental audit that gave the facility a compliance score of 88%.

The proposals now circulating, according to two sources familiar with the matter who spoke to Reuters, include a public-private partnership in which First Quantum holds a 60% to 65% stake and a new Panamanian state entity holds the rest. A separate option would lease the mine to First Quantum outright, with Panama collecting royalties and taxes.

Why the math changed

Copper prices are near record levels. Panama's unemployment sits around 10%. Those two facts, taken together, make a shuttered copper mine look less like a principled environmental stand and more like an expensive political choice.

The closure didn't just cost Panama a mine. It cost the country roughly 4.5% of its GDP in one blow, and it removed more than 1% of global copper production from the market. First Quantum felt it even more sharply: the mine had generated 40% of the company's revenues.

The legal workaround Panama is exploring matters because of a 2023 law that bans new mining concessions. A state-owned entity may sidestep that ban, since the law is reportedly ambiguous about concessions granted directly to a government-owned company. Under the partnership scenario, the underlying mining concession would stay in Panama's hands, giving the government the "complete sovereignty" that Commerce Minister Julio Molto promised when he said a decision would come before the end of this year.

What this means beyond Panama

This story is a useful window into how resource-rich countries are renegotiating the terms of the global mining industry. Chile, Zambia, and others have moved toward public-private structures that give governments a bigger ownership stake while keeping foreign operators in the room for their capital and technical expertise. Panama would be joining that pattern, not inventing it.

For copper markets, the stakes are concrete. The metal is central to electric vehicles, power grids, and the broader energy transition. Global supply is structurally short. Bringing Cobre Panama back online at full capacity would meaningfully ease that shortfall, which matters to anyone buying an EV, paying an electricity bill, or watching the buildout of renewable energy infrastructure.

For First Quantum, reopening on revised terms is almost certainly better than winning the arbitration. A $20 billion legal award against a sovereign government is notoriously hard to collect. A functioning mine with a majority stake is not.

The Panamanian government's fear, according to one source who has advised it on the mine, is not economics. It's that reopening still risks the kind of social unrest that shut the mine in the first place. Building a state partner into the structure is partly a legal maneuver and partly a political one: a way to tell Panamanians that this time, the country owns a piece of what comes out of the ground.

Whether that framing holds in the streets is the question that a partnership stake can't answer on its own.