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Introduction to International Energy Arbitration Disputes in AfricaNalule, Victoria R, Olawuyi, D.S. 27 September 2024 (has links)
Yes / This chapter provides a background on the roles of international arbitration as an important mechanism for dispute resolution in Africa’s dynamic and evolving energy and mining sectors. Given its abundant endowment with renewable and non-renewable energy sources, Africa has for several decades provided significant opportunities for international energy companies to spearhead energy production activities and investments in the production, distribution, and sale of energy.
Despite these investment opportunities, entrants into energy markets in Africa often face legal risks that pose monumental threats to the economic viability of investments. If not properly mitigated and addressed, such risks may result in complex and protracted legal disputes. Over the last decade, arbitration has emerged as a key mechanism for dispute resolution in Africa’s growing energy industry.
After providing an overview of the history, nature, and scope of energy arbitration in Africa, this chapter examines the drivers and sources of energy disputes in Africa’s energy and mining sectors and how the rise in arbitration provisions in energy contracts is shaping legal responses to such risk drivers. It analyzes how the full value of arbitration can be maximized as a tool for achieving fair, timely, efficient, and effective dispute resolution in Africa’s energy sector, especially in light of ongoing energy transitions.
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