APCL - African arbitration - Increasing disputes

APCL 24.05.2018 kl 10:12 1616

Dette er en arkivert tråd!

The energy sector is a critical element in Africa’s economic development. It includes traditional resources such as oil, gas and coal as well as a growing emphasis on renewable sources of energy. Historically and today, the African energy sector has been dominated by the petroleum industry.

Africa has a number of the world’s top oil-producing countries, with an estimated 57 per cent of Africa’s export earnings derived from hydrocarbon revenues. Africa accounts for over 11 per cent of global oil production over the past decade and, according to 2016 figures, holds 7.5 per cent of the world’s proven oil reserves and 7.6 per cent of the world’s proven gas reserves.3 In addition, Africa has accounted for onefifth of the growth in total energy demand in the last five years and this demand is expected to increase to 20 per cent of the global energy consumption by 2035–2040. 4 As discussed below, the energy sector has generated a significant number of disputes that have been resolved through international arbitration, and this number appears to be increasing.

Originally published in The Middle Eastern and African Arbitration Review 2018.

Please see full Chapter below for more information.

- Les denne PDF som er på denne siden - tar for seg et enormt godt blikk over hva som foregår! Og hvilket hjørne Gambia og Senegal står inni når en internasjonal aktør som APCL har gått til voldgift.
24.05.2018 kl 10:22 1017

Fra PDF:

1. By way of example, in 2017, several ICSID arbitrations were com- menced against Gambia relating to the expiration of licences for o shore oil exploration.26

2. LES: Many arbitrations relating to the African energy sector arise in connection with state actions treating energy resources as sover- eign resources central to economic development.This can result in claims, particularly under investment treaties, when, for example, energy resources are nationalised after a period of political unrest and disturbance or when a new government seeks to change the terms of contractual obligations.29

"when, for example, ... or when a new government seeks to change the terms of contractual obligations.29"

3. Conclusion - Foreign investment in the energy sector in Africa will only grow, particularly in light of new oil and gas discoveries

As with disputes arising in commercial arbitration, ICSID arbitrations dealing with the African energy sector have involved a wide variety of projects and disputes.Treaty claims involving energy projects in Africa have related to, among other things:

• the transfer of oil and gas concession exploration and develop-
ment rights to third parties23

• the cancellation of contractual rights or licence revocations.25 - Denne er veldig vanlig, slik vi nå ser skjer med APCL.
29.05.2018 kl 09:20 483

Saken er gjenåpnet og dermed har Gambia 5 pågående Arbitrations:

Legger merke til at Gambia kjører en objections [to juristiction] (Arbitration Rule 41(3). -også her, ikke sak, men lag støy.

Carnegie Minerals (Gambia) Limited v. Republic of The Gambia (ICSID Case No. ARB/09/19)


Redigert 29.05.2018 kl 09:21 Arkivert
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