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Editorial

Middle East

11 May 2018

Energy Arbitration in Africa

10 May 2018

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.1Historically 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.2 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.3In addition, Africa has accounted for one-fifth 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.

Developments in African Arbitration

10 May 2018

Arbitration in Africa has reached a tipping point. While Africa-related disputes have kept lawyers busy for a number of years in traditional arbitration centres, the market is steadily changing. The number of arbitral centres across the African continent is growing rapidly, and African lawyers are developing specialist arbitration skills to service this growth. As the market becomes more mature, notably in jurisdictions such as Kenya, Nigeria, Ghana and South Africa, but also increasingly in francophone Africa, governments, arbitration lawyers and arbitrators are calling for these disputes to be heard in Africa rather than ‘exported’ to international centres. One of the leading advocates for the repatriation of arbitration is distinguished Somali Judge Yusuf, the newly appointed president of the International Court of Justice.1 At the ICCA Congress in Mauritius in 2016 he spoke passionately about the continent’s long tradition of ‘arbitration under the acacia tree’, and called for better representation of African arbitrators in Africa-related disputes to give the system legitimacy.

Economic Sanctions: Implications for International Arbitration

10 May 2018

Introduction The increase in foreign investment and trade in Africa and the Middle East has led to an increase in the number of international disputes involving African and Middle Eastern parties. As international arbitration is the default means of resolving international disputes, this has led to an increase in arbitration involving African and Middle Eastern parties.

DIFC-LCIA

10 May 2018

Overview Our 2017 article in the GAR Middle Eastern and African Arbitration Review discussed the changes that had occurred at the DIFC-LCIA Arbitration Centre (DIFC-LCIA) following its relaunch in November 2015 to the end of 2016.

Construction Arbitration in East Africa

10 May 2018

Introduction It would be erroneous to assume that East Africa is a homogeneous region from the perspective of international construction arbitration. It can be as diverse in this respect as in currency, language, politics and cuisine. However, a number of generalised trends relevant to major construction projects and the resolution of disputes can be seen across the countries making up East Africa.1

StoneTurn

24 April 2018

Cornerstone Research

24 April 2018