End of Tanzania, Netherlands pact nears
24 March 2019
The preferential protection of bilateral investments between Tanzania and the Netherlands is likely to cease next month because the new nations have not yet renewed the agreement.
Tanzania declared its intention of ending the current bilateral agreement since last September, but the Netherlands has always been pushing for extensions and negotiations of the treaty.
Pan African Minerals’ $2.2B claim over giant manganese deposit contract dismissed by court
14 March 2019
Pan African Minerals, a unit of Timis Mining Corp., won’t resume production at its Tambao mine in Burkina Faso as a Paris-based arbitration court has dismissed the company’s $2.2 billion claim against the West African nation.
Tambao, one of the world’s largest manganese mines, was forced to halt activities in 2015 following a change in leadership in Burkina Faso. The company then asked International Chamber of Commerce’s International Court of Arbitration to prevent its permit from being withdrawn.
Delayed Response Costs Tanzania $50 million in Konoike Saga
13 March 2019
Tanzania is to pay a Japanese contractor, Konoike, Sh116 billion after a court in the United States confirmed a decision by the International Court of Arbitration (ICC) requiring Tanzania to settle an outstanding payment on a road construction contract.
A Hedge Fund Steps into Nigeria's $9 Billion Corporate Dispute
8 March 2019
Nigeria potentially faces the largest financial liability in its history, and a hedge fund is coming to collect. The legal and political drama involves a deal between the country and a tiny natural gas company that was scuttled after the sudden death of Nigeria’s president in 2010. The company, Process & Industrial Developments (P&ID), sued and won a staggering judgment, now worth $9 billion. But it’s spent years trying to get the country to pay that award, equivalent to almost 2.5 percent of its annual gross domestic product.
DRC Ordered to Pay SA Oil Company $617m for Failing to Honour Contracts
7 March 2019
An international court has ordered the Democratic Republic of the Congo (DRC) to pay Dig Oil of SA $617m for failing to honour two oil contracts, weeks before outgoing president Joseph Kabila finally approved one of the deals.
The previously undisclosed ruling is the latest twist in an 11-year dispute over concessions in the nation, which may hold as much as 6% of the continent’s oil reserves. Kabila’s belated assent to one of the contested contracts suggests the state may be seeking ways to avoid paying the penalty.
Somalia-Kenya Oil Dispute Threat to Peace, Warns Bishop
26 February 2019
Bishop Giorgio Bertin, the apostolic administrator of Mogadishu, has warned that an on-going dispute between Kenya and Somalia over oil exploration blocks in a disputed part of the Indian Ocean, is a threat to peace in the region.
Mining Billionaire Ends Bitter Guinea Dispute After Months of Secret Negotiations
25 February 2019
Israeli mining tycoon Beny Steinmetz is making a dramatic return to Guinea after the billionaire ended a bitter dispute with the West African country that brought his business empire to its knees.
The settlement, brokered by former French President Nicolas Sarkozy, ends a seven-year-old dispute centered around one of the world’s richest mineral deposits that included a colorful list of characters from billionaire George Soros to former U.K. leader Tony Blair and mining heavyweights Rio Tinto Group and Vale SA.
Botswana, Norilsk Square Off Over Copper Mine in the London Court of International Arbitration
18 February 2018
Gaborone- The Court of Appeal in Gaborone has ruled that the dispute between Botswana’s troubled copper mine and Russian copper nickel mine giant, Norilsk Nickel Africa be heard in the London Court of International Arbitration (LCIA).
The Botswana Government is a 100% shareholder in the liquidated copper mine.
Petroceltic to Seek Arbitration Against EGPC for Inability to Pay Debts
17 February 2019
UK international energy company Petroceltic has announced its intention to seek arbitration in a dispute with Egypt's state-owned Egyptian General Petroleum Corporation (EGPC) over what Petroceltic says is the Egyptian company's failure to pay debts.
Petroceltic said in a statement that it is seeking arbitration with the World Bank-managed International Centre for Settlement of Investment Disputes over EGPC's "breach of its obligations under multiple Gas Sales Agreements and in particular EGPC’s inability to pay its debts as they fall due for payment."
South African Government Calls on World to Fight Against IAAF Rule
15 February 2019
Caster Semenya has been “targeted” says South Africa’s sports minister, who called a proposed IAAF rule a human rights violation. Olympic 800m champion Semenya, 28, is challenging athletics’ governing body over its bid to restrict the levels of testosterone in female runners.
The case will begin on Monday at the Court of Arbitration for Sport (Cas). “The world once declared apartheid a crime against human rights,” ThokozileXasa said. “We once more call the world to stand with us as we fight what we believe is a gross violation of human rights.”
Botswana Court of Appeal Rules in Favour of Nornickel
14 February 2019
The Court has ruled that the dispute between the Russian company and Botswana’s BCL Group over the failed sale of Nornickel’s interest in Nkomati must, in accordance with the parties’ initial agreement, be brought before the London Court of International Arbitration.
Nornickel agrees with the conclusion of the Botswana Court of Appeal that a denial of permission for LCIA proceedings would have resulted in serious injustice as it would have prevented Nornickel ever proving its claims.
DP World Sues China Merchants Ports, Says It turned Djibouti Against It
13 February 2019
DP World’s claim in the Hong Kong High Court accuses its competitor China Merchants Port Holdings Company (China Merchants) of inducing the Djiboutian government to breach concession agreements going back to 2004, which gave DP World effective control of all ports in Djibouti, a country strategically located at the meeting of the Red Sea and the Gulf of Aden.
Ghana-Togo Maritime Dispute: International Arbitration an Option
6 February 2019
The government of Ghana has announced that it will not hesitate to seek international arbitration if its counterparts from neighbouring Togo fail to cooperate with Ghana’s Technical Delegation Team that is negotiating a maritime dispute along the eastern border of the country.
High Court Refuses To Stay Arbitration Against India Govt By Mauritius Company
30 January 2019
The Delhi High Court yesterday refused to stay international arbitration proceedings initiated against Union of India out of a Bilateral Investment Treaty(BIT) with Mauritius, on the reasoning that question of jurisdiction has to be decided by the arbitration tribunal itself. The High Court was dealing with a stay application in an anti-arbitration injunction suit filed by the Union of India seeking to restrain Khaitan Holdings(Mauritius) from proceeding with arbitration proceedings under the BIT.
Nigeria Risks Loss of $9bn Assets to UK Firm
29 January 2019
Except further indulged by a British Commercial Court sitting in London, Nigeria risks losing a whopping $9 billion worth of assets in the UK to a British firm, Process and Industrial Developments Limited (P&ID), which two years ago got an arbitration award of $6.6billion against the country for breach of agreement.
Kigali International Arbitration Centre Registers Over 100 Cases
25 January 2019
Over 100 cases have been filed at the Kigali International Arbitration Centre (KIAC) since its inception in 2012.
Arbitration is an internationally recognised procedure whereby a dispute is submitted, by agreement of the parties, to a neutral party to make a binding decision on the dispute as opposed to going to court.
Libya successfully defends major arbitration construction case in Paris
14 January 2019
Libya has successfully defended a case at the Paris ICC Arbitration Court claiming €562 million against it in various types of compensation by a consortium of construction companies building its stalled Tripoli International Airport project.
Namibia Breaks Silence on its Attachment Assets
24 January 2019
Local airliner, Air Namibia has finally broken silence after shocking revelations emerged that a liquidated company in Belgium began attaching its assets in Europe over a cancelled lease that date back to 1998.
Government negotiations to bring down Egypt's $2bn fine for Union Fenosa
6 January 2019
The Egyptian government is nearing an agreement with Italian-Spanish Union Fenosa Gas (UGS) on dropping of the arbitration proceedings at World Bank's the International Centre for the Settlement of Investment Disputes (ICSID) against the Egyptian Natural Gas Holding Company (EGAS), as the Damietta liquefaction plant gradually operates this year after a six-year hiatus.
German Company Seeks ICSID Arbitration against Morocco
5 January 2019
Scholz Holding of Germany filed a request for arbitration against Morocco with the International Center for Settlement of Investment Disputes (ICSID), an agency of the World Bank Group, on January 3.
The dispute concerns a metal industry project, according to the ICSID website, without giving further details. Scholz says that the 2001 bilateral investment treaty between Morocco and Germany is applicable to the case.
Vodafone Egypt to pay 750M to Etisalat Misr
3 January 2019
The Court of Arbitration of the Cairo Regional Center for International Commercial Arbitration ruled that Vodafone Egypt is required to pay LE 750 million for Etisalat Misr on the interconnection prices between the two companies.
The ruling also rejected all applications submitted by Vodafone and obliged it to pay the expenses and costs incurred by Egypt Telecom of about $440,000 before the arbitration.
Cameroon lodge CAS complaint over AFCON hosting debacle
2 January 2019
Cameroon have lodged an official complaint against the Confederation of African Football (CAF) to the Court of Arbitration for Sport (CAS) over the body’s decision to strip the nation of the hosting rights for this summer’s Africa Cup of Nations (AFCON).
China's African debt-trap: Beijing prepares to seize Kenya's port of Mombasa
27 December 2018
China may be preparing to seize some major assets in the African nation of Kenya, as a result of debt-trap diplomacy.
African media reports that Kenya may soon be forced to relinquish control of its largest and most lucrative port in Mombasa to Chinese control.
Barrick and Tanzania make progress in tax row but no deal yet
17 December 2018
Barrick Gold has made progress in talks with the Tanzanian government to resolve a nearly two-year-long tax dispute, but it is premature to say a deal has been reached, a person familiar with the matter has told Reuters.
Zimbabwe's bid to annul ICSID Award Fails
28 November 2018
THE US-based International Centre for Settlement of Investment Disputes (ICSID) has rejected Zimbabwe’s application to annul an US$195 million award to a German family whose property was expropriated under the controversial land reform programme.
Lesotho defeats investors in decision to set aside PCA award
27 November 2018
South African mining investors failed to reinstate an arbitration award against Lesotho before the Singapore Court of Appeal. The investment arbitration award had found Lesotho liable under the Protocol on Finance and Investment of the Southern African Development Community (SADC) for disbanding the SADC Tribunal.
Egypt Settles Arbitration Case with Israel
22 November 2018
The government reached an agreement to settle the international arbitration case filed by the Israel Electric Company against Egypt. The Egyptian Petroleum Corporation (EGPC) and the Egyptian Gas Holding Company (EGAS) were fined $1.75bn due to the suspension of gas exports in 2012.
A new Director at the Mauritius Chamber of Commerce and Industry Arbitration and Mediation Center
19 November 2018
The development of arbitration in Mauritius has improved in recent years and the Island, located in the Indian Ocean, has become one of the African places of arbitration.
Sports of Arbitration Court throws out Kenya's appeal
18 November 2018
The Court of Arbitration for Sport (CAS) on Friday rejected Kenya's appeal to be allowed to play in the Africa Women Cup of Nations, which begins in Ghana this week.
Kenya appealed to the Switzerland-based court to force the Confederation of African Football (CAF) to keep their women's team, the Starlets, in the competition.
Angola wins case against Atlantic Ventures
16 November 2018
The International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris (France), declared itself incompetent to pass judgment on the arbitration action filed by the commercial company "Atlantic Ventures - Sociedade de Desenvolvimento e Gestão Portuária, SA" against the Angolan State , announced yesterday in Luanda, the Ministry of Transport.
Oil Companies initiate arbitration against Papua New Guinea
15 November 2018
A CONSORTIUM of international oil and gas companies has launched legal proceedings against the PNG Government over the proposed cancellation of one of the country’s most high-profile petroleum licences.
BCM Acquisition of Nzema Mine on Hold
8 November 2018
An Accra High Court (Commercial Division) has placed an interlocutory injunction on the sale of the Nzema Mine at Teleku Bokazo in the Western Region pending the resolution of a dispute in respect of royalties payable to African Champion Industries (ACI).
Huge Win for Kenya as Tribunal Awards Ksh 200 billion in Cortec Mining Case
23 October 2018
A case by Cortec Mining (K) Ltd and two others against the Republic of Kenya amounting to Ksh.200billion has been dismissed.
In the case filed in June 2015, the mining firm sought compensation after the government cancelled its mining licences for the exploration and development of minerals in Mrima Hills, Kwale County terming it as ‘unlawful’.
Acacia Mining Threatens Tanzania with legal action
19 October 2018
Acacia Mining (LON:ACA), the Tanzanian gold producer dealing with an ongoing dispute with the country’s administration, has threatened to sue the government in international court as concerns about the safety of its staff mount.
Mauritian Arbitration Centre Launches New Rules
16 October 2018
The Mauritius Chamber of Commerce and Industry (MCCI) is promoting its arbitration centre as the future of international arbitration in the country, following the launch of a new set of rules designed to bring it up to speed with other international centres.
Congo Miners Seek Code Concessions as Arbitration on Hold
12 October 2018
Miners in the Democratic Republic of Congo are seeking concessions under the nation’s new industry code and holding off challenging it through arbitration, in the hope they can still wring out a compromise in the world’s main source of cobalt and Africa’s biggest copper producer.
World Duty Free Award Set Aside in Kenya
8 October 2018
A company associated with businessman Kamlesh Pattni has lost a Sh.9.4 billion claim against the Kenya Airports Authority (KAA) over eviction from the Jomo Kenyatta International Airport (JKIA).
Tanzania Terminates BIT with the Netherlands
6 October 2018
Tanzania has terminated its Bilateral Investment Treaty with the Netherlands that East African and Dutch civil society had said was biased against the country.
English High Court Extends Injunction against Djibouti Port Company
23 September 2018
The government of Dubai reported on Sunday, 23 September 2018 that a U.K. High Court judge had extended an injunction first made on 31 August 2018 against Port de Djibouti S.A. (“PDSA”), Djibouti’s port operator that bars it from interfering in the management of the joint venture company, Doraleh Container Terminal S.A. (“DCT”).
Tanzania cites bias as it changes laws governing arbitration
17 September 2018
Tanzania has moved to ensure that investor disputes are resolved locally after Attorney General Adelardus Kilangi pushed through parliament the Public Private Partnership (Amendment) Bill, 2018.
Tanzanian Government Seeks to Kill Off International Arbitration Option
12 September 2018
Proposed amendments to legislation covering Public Private Partnerships (PPPs) have been tabled in Parliament seeking to ensure that all disputes arising from government contracts with private entities are conclusively dealt with by Tanzanian courts and not international arbitration bodies.
Egypt to pay Spanish-Italian JV $2bn in natural gas dispute
3 September 2018
Egypt has been ordered by an ICSID tribunal to pay more than US$2bn to an Italian and Spanish joint venture over a natural gas dispute.
CRCICA and KIAC Conclude Memorandum of Understanding
31 August 2018
On 31 August 2018, during the 6th East African International Arbitration Conference held in Addis Ababa, the Director of the Cairo Regional Centre for International Commercial Arbitration (CRCICA), Dr Ismail Selim and the Secretary General of the Kigali International Arbitration Centre (KIAC), Dr Fidele Masengo, signed a Memorandum of Understanding (MoU), which aims to provide a framework through which the two arbitral institutions can develop a mutually beneficial relationship.
PCA Arbitration Proceedings Against Zambia Commence
31 August 2018
Arbitral proceedings have begun in a matter Zambia has been sued in the Permanent Court of Arbitration(PCA) by oil trading company Gunvor of South Africa over an oil deal.
ICSID Arbitration Award against Tanzania's Tanesco survives annulment bid
22 August 2018
On 22 August 2018, an ICSID ad hoc committee upheld a US$148.4 million award in favour of Standard Chartered Bank Hong Kong against Tanzanian's state-run electricity supply company, TANESCO.
East Africa Metals Provides Corporate Update on Ethiopian Project Development and Tanzanian Arbitration
21 August 2018
East Africa Metals Inc. (TSX Venture: EAM) (“East Africa” or the “Company”) would like to provide an update on the development of its Ethiopian Projects in the Federal Democratic Republic of Ethiopia (“Ethiopia”) and the arbitration hearing related to its Tanzanian assets.
FutureSpace's International Arbitration Centre a Breakthrough in Conflict Resolution
19 August 2018
South Africa is experiencing a troubling lack of prosecutions of commercial crimes in both the public and the private sector, Judge Dennis Davis lamented at the launch of a new arbitration centre last week.
Sudan wants ONGC Videsh to Withdraw Arbitration over Oil Payment Dues
17 August 2018
Sudan wants India's ONGC Videsh Ltd (OVL) to withdraw arbitration proceedings against the African nation as it is making efforts to mitigate default on payment of dues, OVL said in a statement on Friday.
ICSID is Modernising its Rules for ISDS
3 August 2018
ICSID is amending its rules and regulations. This marks the fourth time the ICSID rules have been updated, and is the most extensive review to date.
The overarching goals are to modernize, simplify, and streamline the rules, while also leveraging information technology to reduce the environmental footprint of ICSID proceedings. The process draws on the lessons learned from hundreds of ICSID cases.
Kenyan Lawyer Secures Chartered Institute of Arbitration Seat Unopposed
3 August 2018
A Kenyan lawyer and scholar has received a rare opportunity to sit on the globally renowned Chartered Institute of Arbitrators (CIArb) Board of Trustees.