16 February 2020
Kenya will be in breach of EAC, AfCFTA rules in proposed trade deal with America
Kenya’s proposed free trade deal with the US has put it in the crosshairs as critics say the planned bilateral agreement would be a breach of regional and continental trade protocols.
The proposed deal, if passed, would see Kenya open its borders for duty-free imports from the United States, while Nairobi would also get to export a range of goods tax-free to the US. The two countries share around $1 billion in trade annually.
Nairobi argues that the proposed deal is intended to replace the African Growth and Opportunities Act (Agoa) agreement, which expires in 2025 and allowed duty-free access of a wide range of African goods to the US.
13 February 2020
Ethiopia ratifies the New York Convention
A favorable arbitral award with limited or no possibility for enforcement may be as good as no award. Enforceability of an award is one of the crucial considerations investors make in their choice of dispute settlement mechanism. It also plays part in their decision to invest in a country.
In Ethiopia, it has always been a challenge for investors to determine the seat of the arbitration. Choosing whether or not to designate Ethiopia as the seat of arbitration always came with an opportunity cost. Now that Ethiopia has formally ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award (“NYC”) on February 13, 2020, investors are ideally no longer tasked with concerns of enforcement in Ethiopia of foreign arbitral awards.
10 February 2020
New year, new rules for AFSA
March 2020 will see the Arbitration Foundation of Southern Africa produce new arbitral rules.
It was announced in October that the Arbitration Foundation of Southern Africa (AFSA) planned to revise its rules, another step forward for South Africa’s arbitration regime and one which helps AFSA to increase its attraction to potential corporate clients, whether international or domestic.
AFSA’s leadership reached out to assemble an expert panel to bring the existing rules up-to-date, drafted, as they were, before the passage of the 2017 Arbitration Act, which incorporated the UNCITRAL Model Law, bringing one of the continent’s largest economies’ dispute resolution alternatives up to date.
With an increased caseload, and the commercial opportunities of greater integration from the African Continental Free Trade Area (AfCFTA) not lost on business in South Africa, the revisions are timely.
In charge of both the drafting committee and associated advisory board will be Wilmer Cutler Pickering Hale & Dorr special counsel Maxi Scherer, who has drawn together a strong team to carry out the task.
8 February 2020
Tanzania reviews laws on mediation for investors
Tanzania is set to review the contentious arbitration law. A key part of the draft Bill for the proposed 2020 Arbitration Act, tabled in parliament on January 28, includes clauses allowing investors to access international arbitration.
The draft Bill comes on the back of new arbitration announcements filed last month by several multinational mining companies over cancelled retention licences.
It also coincided with a new profit-sharing deal between Tanzania and Canadian mining giant Barrick Gold Corp for the three Barrick-owned gold mines in the country.
29 January 2020
Claim to arbitration against Government of Tanzania continues
Indiana Resources has updated the status of its on legal activities in relation to its majority shareholding position in Ntaka Nickel in Tanzania.
Ntaka Nickel (NNHL) has appointed a specialist investment arbitration law firm to represent its interests and advise on actions necessary to ensure its rights to the Licence are protected.
Since the last update provided to shareholders, Indiana’s Board confirms that it has received numerous approaches from experienced and respected International litigation funding firms interested in working with the Company to ensure its rights are protected and pursued.
28 January 2020
Rwanda signs Singapore Convention on Mediation
Rwanda has signed the UN Convention on International Settlement Agreements Resulting from Mediation.
The Convention was signed by Rwanda’s Permanent Representative to the UN, Valentine Rugwabiza on Tuesday Morning in New York City.
The Convention facilitates international trade by promoting mediation as an alternative and enforceable method of resolving disputes.
In December 2018, the United Nations General Assembly adopted, by consensus, the United Nations Convention on International Settlement Agreements Resulting from Mediation, recommended that the Convention be known as the “Singapore Convention on Mediation” (the “Singapore Convention” or “Convention”), and authorised the signing ceremony of the Convention to be held in Singapore on
24 January 2020
Magufuli: Tax dispute with Barrick over
Dar es Salaam. Barrick gold handed 16 per cent of its shares to the newly formed Twiga Mining Corporation as the two parties signed nine agreements to end a mineral dispute, which existed for over 10 years.
The signed agreements are framework agreement, management and administrative services agreement, Twiga shareholders agreement, North Mara shareholding agreement, Bulyamkulu shareholders agreement, Buzwagi shareholders agreement, North Mara development agreement, Bulyankulu development agreement, Pangea development agreement.
In a televised event Barrick also received a shareholding request letter from the government for the newly formed Twiga Mining Corporation. The later also handed a certificate of share ownership to the former in an event which was witnessed by President John Magufuli.
19 January 2020
Third miner declares dispute with Tanzania government
Dar es Salaam. Another Canada-based company Montero Mining and Exploration is in dispute with the government over a repossessed retention mining licence.
This is the third company in less than a week to have declared a dispute with the government over mining licences. In a statement on Friday, Montero Mining and Exploration (TSX-V: MON) said that it has delivered a Notice of Intent to Submit a Claim to Arbitration to the Attorney General of Tanzania in accordance with the 2013 Agreement for the Promotion and Reciprocal Protection of Investments in the Bilateral Investment Treaty (BIT) between Canada and Tanzania.
According to the statement, the dispute arises out of certain acts and alleged omissions of Tanzania in breach of the BIT and international law, relating to Montero’s investment in the Wigu Hill rare earth element project.
17 January 2020
Tanzania faces second mining dispute
Dar es Salaam. A mining company linked to the United Kingdom and Northern Ireland has become the second investor to declare a dispute with the Tanzania government over a retention mining licence that was repossessed by the government for fresh bidding. This comes in less than four days after another miner declared a row with the government over a disputed mining licence. Tanzanian Minerals Commission (TMC) chairman Shukrani Manya told The Citizen on Tuesday that government organs were working on the matter raised by the Canadian firm. Yesterday, Indiana Resources issued a statement that it was taking measures to preserve its rights as a shareholder of Ntaka Hill Holdings Ltd (UK) which is the owner a project located in the Nachingwea District, Lindi Region. It said, “Tanzania has breached obligations it owes to investors under the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United Republic of Tanzania for the Promotion and Protection of Investments and international law.”
14 January 2020
DP World wins ruling against Djibouti over seized Port
DUBAI, United Arab Emirates (AP) - DP World said Tuesday it has won another arbitration ruling against Djibouti over the African country’s seizure of a container terminal managed by the Dubai-based global port operator.
The company said a London tribunal ordered Djibouti to restore its rights and benefits under a 2006 concession agreement governing the Doraleh port within two months or pay damages. DP World estimates it has lost $1 billion since Djibouti took over the terminal in February 2018.
DP World, which is majority-owned by the Dubai government in the United Arab Emirates, operates nearly 80 marine and inland terminals around the world.
10 January 2020
Winshear delivers Notice of Intent to submit a claim to arbitration under Canada-Tanzania Agreement
VANCOUVER, British Columbia, Jan. 10, 2020 (GLOBE NEWSWIRE) -- Winshear Gold Corp. ("Winshear" or the “Company") (TSX-V: WINS) reports that on January 10, 2020 it delivered to the Attorney General of Tanzania a Notice of Intent to Submit a Claim to Arbitration (“Notice of Intent”) in accordance with the 2013 Agreement for the Promotion and Reciprocal Protection of Investments (Bilateral Investment Treaty or “BIT”) between Canada and Tanzania. Winshear has thereby formally notified the Tanzanian government that there exists an investment dispute between Winshear and the Government.
The dispute arises out of certain acts and omissions of the United Republic of Tanzania in breach of the BIT and international law, relating to the Company’s investment in the SMP Gold Project located in SW Tanzania.
8 January 2020
Fines for unauthorised STS operation ruled unjust
The Permanent Court of Arbitration in The Hague has issued its final award in the tribunal of the arbitration of 2008-built, 10,800-dwt chemical/product tanker Duzgit Integrity in respect of the dispute between the Republic of Malta (Malta) and the Democratic Republic of São Tomé and Príncipe (São Tomé), situated in the Gulf of Guinea in West Africa.
The tribunal, which is constituted under Annex VII to the United Nations Convention on the Law of the Sea, was considering the arrest by São Tomé of a Malta-flagged vessel Duzgit Integrity on 15 March 2013 when it attempted to undertake a ship-to-ship (STS) cargo transfer in São Tomé’s archipelagic waters, and the subsequent measures taken by São Tomé in relation to the vessel, its master, cargo, owner and charterer. The second tanker in the STS operation is named in the award as Marida Melissa.
19 December 2019
Nigerian court orders arrest of Briton
The Federal High Court in Abuja, on Wednesday, granted a request by the Economic and Financial Crimes Commission (EFCC) to arrest a Briton, Adam Quinn, over his alleged involvement in the P&ID scandal.
The development arose from a suit between the federal government and Goidel Resources Limited, ICIL and James Nolan.
The EFCC had sued Messrs Nolan and Quinn, alleging that both men used the two firms (Goidel and ICIL) for money laundering.
Mr Nolan is also said to be a signatory to P&ID accounts.
This newspaper had reported how the anti-graft agency on October 21 arraigned Mr Nolan and Mr Quinn (at large), both Britons, over their alleged complicity in the P&ID scandal.
18 December 2019Court says companies can seize Zimbabwe mining assets
Harare/Johannesburg — Zimbabwe, which is banking on investment in its natural resources to arrest an economic free-fall, faces having the assets of the state mining company seized after a final appeal of a 2014 arbitration ruling failed.
Companies linked to British Virgin Islands-based Amari Holdings won the right to seize assets worth $65.9m in compensation for Zimbabwe Mining Development’s (ZMDC) cancellation of nickel and platinum ventures formed in 2007 and 2008. The ruling by the International Court of Arbitration was made after a hearing in Lusaka, Zambia.
The development comes at a difficult time for Zimbabwe, with the government forecasting the economy will contract 6.5% in 2019 because of crippling foreign-currency, fuel, wheat and power shortages. The state is seeking to convince investors from Cyprus, SA, Russia and Nigeria to spend billions of dollars developing its platinum reserves, the world’s third-largest.
10 December 2019
Tully Sugarcane growers invoke arbitration as dispute with Chinese-owned sugarmill deepens
Tully farmers are bracing for a battle with the Chinese owners of their local sugar mill, with the Federal Government set to announce it will appoint an arbitrator to settle a dispute over terms of a new cane-supply agreement.
The ABC understands the Tully Canegrowers Organisation, a union representing farmers in the mill supply zone, has rejected the terms offered by Tully Sugar, owned by food giant China Oil and Food Corporation (COFCO), for a cane-supply agreement for the 2020-22 harvest seasons.
COFCO is China's largest food processor, manufacturer and trader, which bought Tully Sugar in 2011 from majority Australian shareholders.
The state Member for Hill, Shane Knuth, said growers had told him they were concerned the miller had not budged on key issues during the 13-month negotiations.
7 December 2019
Civil society seeks reforms to stem trade suits losses
Africa is getting the short end of the stick when it comes to bilateral investment treaties, losing millions of dollars from legal suits by multinationals.
Civil society groups under the banner of the Southern and Eastern Africa Trade Information and Negotiations Institute (Seatini) are now calling on governments to reform their investor state dispute settlement because “it is being unfairly used by investors to sue states for millions of dollars.”
The Seatini activists were in Arusha on December 2, to lobby the Committee on Communication, Trade and Investment of the East African Legislative Assembly on trade matters skewed against African countries.
6 December 2019
Nigeria files fraud allegations in bid to overturn $10bln penalty
LAGOS, Dec 6 (Reuters) - Lawyers for the Nigerian government on Friday filed "new and substantive" allegations of fraud with a British court in an ongoing fight against an arbitration award now worth some $10 billion, a spokesman for the attorney general said.
The government has been fighting efforts by British Virgin Islands-based Process & Industrial Developments (P&ID) to enforce the award for a failed gas project and is also seeking to overturn the underlying award, the spokesman said.
30 November 2019
P&ID $9.6bn debt: FG Secures variation of UK Court Order
The Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami (SAN) has announced that the Federal Government has succeeded in securing variation of the UK court order from cash payment of $200m security to issuing bank guarantee of the same amount. This was contained in a statement issued by his spokesman, Umar Jibrilu Gwandu on Friday. Malami explained that the Federal Government appealed against the payment of $200m security component which was a condition for stay of execution of the judgment. The court on Thursday, November 28, granted the Federal Government’s request for variation of terms of the order seeking to provide bank guarantee in place of direct deposit.
27 November 2019
Nigerian Government ordered to pay $9bn to private gas firm
A British judge has ordered the Nigerian government to pay $9bn in assets to a small private company.
The firm, P&ID, had reached a deal with the Nigerian government in 2010 to build a natural gas plant – but the deal fell through two years later.
P&ID then sued the government for failing to provide the gas or install the pipelines it had promised to build.
The firm was first awarded $6.6bn (£5.4bn) in 2017, but the London court has now added $2.4bn in interest.
According to the firm‘s website, the deal would have allowed it to “build a state-of-the-art gas processing plant to refine natural gas…[that] Nigeria would receive free of charge to power its national electric grid”.
19 November 2019
Zambia Govt. gambling with Konkola Copper as asset safety, financial worries mount
Six months have passed since the Zambian government opened court proceedings to liquidate Konkola Copper Mines (KCM), but the firm’s majority shareholder, Vedanta Resources, is none the wiser as to the assets’ fate.
“The government hasn’t formally reached out,” says Deshnee Naidoo, CEO of Vedanta Zinc International of attempts by the Indian firm to agree an out of court settlement.
This is despite a high level meeting between Zambia’s government and Vedanta earlier this year aimed at suspending the liquidation plan – predicated on allegations Vedanta failed to pay creditors and dividends, or invest in its future – and setting down fresh investment targets.
7 November 2019
PetroNor Opts for Arbitration in Senegal
Listed independent oil and gas exploration and production company PetroNor E&P has said its subsidiary, African Petroleum Senegal Ltd, will continue on the path of seeking a resolution to the outstanding dispute over block Senegal Offshore Sud Profond (SOSP) permit in Senegal either through independent channels of arbitration or a satisfactory settlement agreement among all interested parties.
The Oslo Axess-listed PetroNor said in a statement on Tuesday, November 5 it had taken note of reports that the Senegalese government had included SOSP among the three offshore blocks on offer as confirmed by the country’s Oil Minister Mahamadou Makhtar Cisse “in a recently launched licensing round covering all open blocks in Senegal’s offshore area.”
6 November 2019
Govts urged to terminate unfair trade agreements
African economies must review and terminate existing bilateral investment treaties, avoid signing new ones and remove themselves from international investment arbitration system, according to Mr Nicomedes Kajungu, the secretary general of the National Union of Mines and Energy Workers of Tanzania.
Mr Kajungu said there is a growing trend of legal suits filed by multinationals against African countries, which has become a major concern across the continent. Most of these suits, he said, stem from bilateral investment treaties signed between countries over the past three or so decades.
1 November 2019
Malawi Government wants K350bn from Total fuel retailer for contract breach
The Malawi government is suing fuel giant Total for a breach of contract which could see the firm paying Treasury and a private company about K355.2 billion ($480 million) through an arbitration process. An agreement between the Malawi government, Total Malawi and Total South Africa, signed 18 years ago, entailed that the fuel and lubricant giant was expected to enjoy rebates of up to 50 percent in arrears equal to 50 percent of the retail margin on every litre of fuel drawn from Total facilities by the Malawi government which were payable by Total Malawi Limited through Prima Fuels.
Nigeria charges two Britons in connection with $9bn claim
22 October 2019
Nigeria has charged two British nationals with fraud and money laundering over a failed gas project at the centre of a multi-billion-dollar arbitration award in London, the anti-graft agency said.
Suspect James Nolan appeared in court in Abuja on Monday while co-defendant Adam Quinn was charged in absentia.
The pair were arraigned over "their alleged complicity in the controversial $9.6bn arbitral award to Process and Industrial Development Limited by a United Kingdom commercial court", the Economic and Financial Crimes Commission (EFFC) said in a statement on Monday.
What you need to know about Barrick Gold's deal with Tanzania over Acacia Mining
21 October 2019
(Reuters) – Barrick Gold Corp said it had reached a deal to settle a long-running tax dispute between Tanzania and mining group Acacia, which Barrick bought in a $1.2 billion transaction approved by a British court last month.
The tax deal includes the payment of $300 million to settle outstanding tax and other disputes, the lifting of a concentrate export ban, and the sharing of future economic benefits from mines on a 50-50 basis, Barrick said in a statement on Sunday.
“Barrick is definitely back in Tanzania,” Barrick president and chief executive Mark Bristow told reporters in Dar es Salaam, Tanzania’s commercial capital on Sunday.
$62bn PSC Revenue: Shell Battles FG over demand for $13.65bn
21 October 2019
The Shell Nigeria Exploration and Production Company Limited (SNEPCo) has vowed to battle the Federal Government over its demand for a share of about $13.65billion in the $62billion which five international oil companies allegedly owe Nigeria following the 2018 Supreme Court’s judgment on Production Sharing Contracts (PSCs) between the country and the firms.
The other four IOCs include, Total Exploration & Production Company Limited, Nigerian Agip Oil Company (NAOC), Mobil Producing Nigeria Unlimited and Chevron Nigeria Limited.
The apex court’s verdict enabled the Federal Government to increase its share of income from the PSCs.
Shell is opposing the demand for a total of $13,651,034,052.59 by the Federal Government on the grounds that it was planning to commence arbitration proceedings in respect of the issue.
World Bank Court orders Tanzania to pay $185 million to Standard Chartered
16 October 2019
DAR ES SALAAM (Reuters) - Tanzania has been ordered by a World Bank arbitration court to pay $185 million to the Hong Kong subsidiary of Standard Chartered for breaching an energy contract.
The court's ruling, which was released on Tuesday, adds to pressure on the East African nation, which faces at least two other multi-million claims from international investors.
The case stems from a legal battle between the Tanzanian government and privately-owned independent power producer IPTL, which led to the dismissal of several cabinet ministers in 2014.
Direct clash between Malaysian Government and AALCO over arbitration centre revealed
9 October 2019
In an ongoing case before the Kuala Lumpur High Court between a contractor in construction adjudication proceedings and Asian International Arbitration Centre (AIAC), the contractor has challenged the appointment of Vinayak Pradhan as the Director of AIAC.
On 7th Oct 2019, the Secretary-General of African-Asian Legal Consultative Organisation (AALCO) – His Excellency Prof. Dr. Kennedy – has affirmed an affidavit denying the status of Vinayak Pradhan as the Director of AIAC. The AALCO is the principal organisation under which comes AIAC. The AIAC is a jointly operated by the Malaysian Government and AALCO.
Sierra Leone cancels mining licence of Gerald Group Unit
8 October 2019
Sierra Leone’s government has canceled the mining license of a subsidiary of Gerald Group, the mines minister told Reuters on Tuesday, amid a dispute over royalty payments.
SL Mining suspended its iron ore mining operations in the West African country last month after filing for arbitration over the matter in an international court.
Sierra Leone’s mines minister, Foday Rado Yokie, declined to comment further on the decision. “The matter is currently in court and I can’t comment on an ongoing case,” he said.
Egypt says "deadlock" in Nile Dam talks with Ethiopia
6 October 2019
Egypt has said that talks with Sudan and Ethiopia over the operation of a $4bn hydropower dam that Ethiopia is constructing on the Nile have reached a deadlock. Egypt blamed Ethiopia for the impasse and called for international mediation.
The Grand Ethiopian Renaissance Dam (GERD), announced in 2011, is designed to be the centrepiece of the Horn of Africa country's bid to become the continent's biggest power exporter, generating more than 6,000 megawatts.
Nigeria granted stay of execution in $9.6bn court battle
26 September 2019
The English High Court has granted the Nigerian government a temporary reprieve from having to pay $9.6bn in compensation to a small gas company which it says it is part of a “scam”. During a sometimes-fiery hearing on Thursday Justice Butcher said the firm set up by two Irish businessmen would not be able to start seizing Nigerian state assets to enforce the arbitration award.
Nigeria plans to set up international maritime arbitration centre
16 September 2019
Nigeria plans to set up an international maritime arbitration centre and is seeking investors for shipbuilding and ship repair yards.
Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA), Dakuku Peterside, told the West African Shipping Summit in London last week that it plans to establish an International Maritime Arbitration Centre in Lagos. The aim of the centre would be to facilitate resolutions of disputes in the Gulf of Guinea to reduce the trend of disputes in the region being settled in London, Singapore and Dubai.
Lawyers root for arbitration court for investment disputes
7 September 2019
LEGAL EXPERTS gathering in Arusha have recommended the establishment of court of arbitration in Tanzania to settle investments related disputes.
Contributing an expert paper presented by Advocate Ally Kileo during the ‘Continuous Legal Education,’ sessions of the ongoing Tanganyika Law Society half annual general meeting taking place here, the learned friends called for a wider approach to dispute settlement mechanism in the current amendments for the Tanzania Investment Act.
Release of Seized Air Tanzania A220 Ordered by South African Court
4 September 2019
The Air Tanzania Airbus A220-300 that was impounded in South Africa on August 23rd has now been ordered to be released by the Gauteng Lower Division Court in Johannesburg.
The aircraft registration number 5H-TCH was on a scheduled flight to Johannesburg OR Tambo International Airport when it was seized. Before the Air Tanzania, Airbus A220 was able to leave on the return leg to Dar es Salaam, the aircraft was denied permission to take off after a South African court ordered it seized.
Exxon, Shell cannot revive $1.8bln Nigerian Arbiration Award
4 September 2019
NEW YORK, Sept 4 (Reuters) - A U.S. judge on Wednesday rejected Exxon Mobil Corp's and Royal Dutch Shell Plc's effort to revive a $1.8 billion arbitration award against Nigeria's state-run oil company, which stemmed from a dispute over a 1993 contract to extract oil near the African country's coastline.
U.S. District Judge William Pauley in Manhattan cited public policy and due process considerations in deciding not to enforce the October 2011 award against Nigerian National Petroleum Corp (NNPC), which was subsequently set aside by courts in Nigeria.
The companies said last November that the award had grown to $2.67 billion, including interest.
Court halts KCM liquidation pending Vendata's appeal
27 August 2019
The Lusaka High Court has stayed the winding-up proceedings that ZCCM Investments Holdings has instituted against Konkola Copper Mines (KCM), pending the appeal by Vedanta Resources Holdings Limited to the Court of Appeal against the court’s refusal to refer parties to arbitration.
And Lusaka High Court Judge Annessie Banda-Bobo has reserved ruling to a date to be advised on Vedanta’s application to stay some of the powers of KCM Provisional Liquidator Milingo Lungu.
This is the matter in which ZCCM-IH has petitioned the Lusaka High Court, seeking an order that KCM should be wound up for engaging in tax evasion and being managed in a manner detrimental to its interest, among other allegations.
The story behind ATCL plane seizure in South Africa
27 August 2019
Dar es Salaam. Fresh details have emerged on a decades-long legal tussle between the Tanzanian government and a retired white farmer that led a South African court to order the seizure of an Air Tanzania Company Limited (ATCL) jetliner in Johannesburg last weekend.
According to documents The Citizen has obtained, the investor at the centre of the 37-year-old saga is one Hermanus P. Steyn – formerly the owner of Arusha-based Rift Valley Seed Company Limited, which the government nationalised in 1982, sparking a protracted battle for compensation.
South Africa seizes Air Tanzania plan in Johannesburg
24 August 2019
South African authorities have seized a plane from Tanzania's national carrier, the Tanzanian government said.
The Airbus 220-300 was due to fly from Johannesburg, South Africa, on Friday to Dar es Salaam in Tanzania.
It was not immediately clear why the action was taken, and South African authorities have not commented.
But a retired farmer has said the aircraft was impounded because Tanzania's government had not paid him $33m (£28.8m) it owes in compensation.
Irish firm ready to seize Nigeria's N2.9 tr assets
20 August 2019
An Irish company yesterday vowed its readiness to begin the process of seizing $9.6 billion (N2.946 trillion) of Nigeria’s assets. This followed Friday’s decision of the English Commercial Court to permit the enforcement of a 2016 arbitration award against Nigeria.
Justice Butcher had on Friday insisted on Process & Industrial Developments Limited’s (P&ID) right to enforce the pre-award interest, a decision Nigeria’s apex financial institution, the Central Bank of Nigeria (CBN), said it would appeal.
Nigeria to appeal $9billion award to Irish-backed company over failed gas deal
20 August 2019
The Nigerian government has said it will appeal a $9 billion (€8.1 billion) judgment handed down by a UK court last week in favour of an Irish-backed company in a row over a failed gas deal.
Dayo Apata, Nigeria’s solicitor general, also said the government would seek a stay on the UK judgment, which theoretically gives Process and Industrial Developments (P&ID), founded by two Irish investors, the right to seek the seizure of Nigerian state assets.
Mr Apata insisted that the Nigerian government would continue a separate legal battle in the US against P&ID, which has staked a legal claim against the African nation for its alleged lost profits on the failure of a gas deal.
Vendata ask Court of Appeal to allow arbitration
16 August 2019
Vedanta Resources Holdings Limited has appealed to the Court of Appeal, against the Lusaka High Court’s refusal to stay the winding-up proceedings that ZCCM Investments Holdings has instituted against Konkola Copper Mines (KCM) and refer parties to arbitration.
Vedanta has further asked the Lusaka High Court to stay the Winding-up proceedings pending determination of it’s appeal.
In this matter, ZCCM-IH wound up for engaging in tax evasion and being managed in a m has petitioned the Lusaka High Court, seeking an order that KCM should beanner detrimental to its interest, among other allegations.
UK judge to allow firm to try to seize $9billion in Nigerian assets in gas dispute
16 August 2019
A judge in London said on Friday he would grant a firm called Process and Industrial Developments Ltd (P&ID) the right to seek to seize some $9 billion (7.40 billion pounds) in assets from the Nigerian government over an aborted gas project.
The company was awarded $6.6 billion in an arbitration decision over a failed project to build a gas processing plant in the southern Nigerian city of Calabar. With interest payments, the sum now tops $9 billion - some 20% of Nigeria’s foreign reserves.
Gerald Group unit seeks arbitation against Sierra Leone over iron exports
16 August 2019
FREETOWN, Aug 15 (Reuters) - SL Mining, a mining company owned by U.S. commodity trader Gerald Group, said it plans to seek arbitration in an international court against the Sierra Leonean government in relation to a dispute over iron ore exports.
The government banned exports from SL Mining’s Marampa mine last month because it said the company had failed to keep up the mine’s agreed work schedule or make royalty payments, a claim SL Mining denies.
In a letter to the company dated Tuesday and made available to Reuters by the government, Mines Minister Foday Rado Yokie said that “as a sign of good faith” he would be willing to lift the export ban should SL Mining pay a $1 million bond for uncompleted work, among other fees.
Zambia seeks to expel copper miner Vendata Resources
5 August 2019
The government of Zambia has defended its efforts to kick London-based copper miner Vedanta Resources out of the country, in an escalating row over tax and alleged underinvestment.
The southern African nation’s national mining vehicle, ZCCM, is seeking to have Vedanta subsidiary Konkola Copper Mines (KCM), its partner in the country’s largest copper mine, placed into liquidation.
Vedanta responded earlier this week by seeking to have the case referred to arbitration in South Africa.
Ethiopia says committed to mediation efforts in Sudan's peace process
5 August 2019
ADDIS ABABA, Aug. 4 (Xinhua) -- The Ethiopian government on Sunday reiterated its resolve to continue mediation efforts as Sudan's military council and opposition alliance agreed on the constitutional declaration.
"Ethiopia's mediation was important since the country has been accepted by all forces in Sudan politics to reach this political agreement," Ethiopia's state-news agency ENA quoted Nebiat Getachew, Spokesperson of the Ethiopian Ministry of Foreign Affairs, as saying on Sunday.
"Since the beginning of the political crisis in Sudan, Ethiopia has been closely following the situation and was immediately on the ground to support the restoration of peace in the country, in which the Ethiopian Prime Minister Abiy Ahmed's proposal was accepted by the military and the opposition on June 7," Getachew added.
Mozambique sues French-Lebanese billionaire over debt scandal
3 August 2019
Mozambique has started legal action against a French-Lebanese billionaire, Iskandar Safa, whose shipbuilding company is at the heart of a $2 billion debt scandal, officials said Friday.
A source at the attorney general’s office, in an emailed reply to AFP, confirmed “a case is ongoing” without giving details.
In London, an official at the High Court commercial division told AFP the Mozambican government had filed proceedings there against Safa.
The papers were submitted on July 31 and no date has been set yet for the hearing, the source said.
Vendata launches arbitration proceedings with Zambian State-owned mining firm ZCCM-IH
1 August 2019
VEDANTA Resources notified its Zambian joint venture partner ZCCM-IH that it had launched arbitration proceedings related to an attempt by the Zambian government to liquidate Vedanta’s majority-owned Konkola Copper Mines (KCM), said Reuters.
Vedanta has been locked in a dispute with the Zambian government since May when Lusaka appointed a liquidator to run KCM, which is 20% owned by ZCCM, Zambia’s state mining company, and 80% owned by Vedanta. Zambia accused KCM of breaching the terms of its licence.
Vedanta denies that KCM has broken the terms of its licence and says it will defend its assets in the southern African country, Reuters said.
Vendata wins urgent interdict against provisional liquidation of KCM by Zambia
23 July 2019
A DISPUTE between Vedanta Resources and Zambia’s ZCCM-IH regarding their respective investments in Konkola Copper Mines (KCM) ought to be settled in terms of KCM’s shareholders’ agreement, according to a Johannesburg High Court judgement today.
Judge L Adams found that the South African court was the correct jurisdiction in which to hear the dispute which relates to claims by ZCCM-IH, a government investment company, that it was due $50m in dividends, and that certain undertakings regarding new investment in copper mining in Zambia had not been undertaken.
This was because the dispute mechanism in the KCM shareholders’ agreement was the appropriate basis for arbitration.
The meaning of the judgement is that ZCCM-IH will not be able to carry through the winding up of KCM as it seeks to do through the Zambian courts. Judge L Adams consequently granted Vedanta and urgent interim interdict that discharges from office the provisional liquidator appointed by the Zambian High Court.
Biliity Slams FIFA's 'Hostile Takeover' of CAF Saying Africa must manage Africa
22 July 2019
The crisis in African football governance appears to have taken a new turn, as an executive committee member of the Confederation of African Football (CAF) is taking the body, of which he is an important member, to the Court of Arbitration for Sport (CAS), in order to stop FIFA’s direct intervention in CAF’s day-to-day affairs.
Musa Hassan Bility, from Liberia, says the appointment of Fatma Samoura, FIFA’s Secretary-General, as a ‘FIFA General Delegate for Africa’ is illegal and an attempt by the world governing body to meddle in the affairs of CAF.
“I will immediately file a case at the Court of Arbitration for Sports (CAS) at Lausanne, seeking to have this apex court find the ‘cooperation agreement’ between CAF and FIFA null and void with immediate effect.”
Under a proposal agreed between Infantino’s FIFA and Ahmad’s CAF, Samoura will be involved in CAF’s governance overhaul, its day-to-day management, as well as spearhead a forensic audit of the body, between August 1 and 31 January 2020.
Papua New Guinea Accedes to the New York Convention
19 July 2019
VIENNA, 19 July (UN Information Service) - Papua New Guinea has deposited its instrument of accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), commonly known as the New York Convention.
With its accession, Papua New Guinea becomes the 160th State party to the Convention at a time that marks the 60th anniversary of the Convention coming into effect on 7 June 1959.
The New York Convention is widely recognized as a foundation instrument of international arbitration. It requires courts of contracting States to give effect to arbitration agreements and to recognize and enforce awards made in other States, subject to specific limited exceptions. The New York Convention contributes to the 2030 Agenda for Sustainable Development, in particular by promoting the rule of law at the national and international levels and by ensuring effective access to justice.
Acacia seeks stay of international arbitration against Tanzania
17 July 2019
LONDON (Reuters) - Acacia Mining said on Wednesday it was seeking a stay of international arbitration proceedings against Tanzania, a step that could ease tensions between the two sides locked in a dispute following a $190 billion tax bill.
Adding to pressure on Acacia, the company said late on Tuesday it had been notified of an imminent ban on the use of a storage dam that would prevent its North Mara gold mine - its main source of revenue - from operating.
The offer to postpone arbitration, which was scheduled to start on Monday, precedes a looming July 19 deadline for Acacia’s majority owner Barrick Gold Corp, holder of a 63.9% stake, to make a firm bid to buy out Acacia.
Court of Arbitration for Sport to rule on the Annulled African Champions League Final, Decide on Means to Resolve Dispute
15 July 2019
Sport's highest court will rule this month on how to resolve the chaotic African Champions League final which was abandoned in May. The Court of Arbitration for Sport said on Monday that it has set a 31 July deadline for a final decision after both clubs appealed to be awarded the title.
The second-leg game between Wydad Casablanca of Morocco and Esperance of Tunisia on 31 May was annulled in a dispute provoked by a video review failure. Wydad walked off in protest in Rades, Tunisia, when its equalizing goal was disallowed for an incorrect offside call.
Vendata to argue for injunction over Zambian copper operations winding up
15 July 2019
Johannesburg - Vedanta Resources will on Tuesday argue its application for an urgent interim interdict against Zambia Consolidated Copper Mines-Investment Holdings (ZCCM-IH) and provincial liquidator Milingo Lungu in the South Gauteng High Court.
The Indian-owned miner has been at loggerheads with the Zambian government over the closure of the Konkola Copper Mine (KCM) operations.
The company is challenging the government's decision to appoint a provisional liquidator, through ZCCM-IH, to wind up KCM on allegations that it breached the terms of its licence, failed to exploit the Nchanga underground mine and did not pay creditors on time.
SA Court Grants Vendata Ex-Parte Order for Urgent Application Against ZCCM-IH
4 July 2019
Vedanta Resources Holdings Limited has obtained an ex parte order in the High Court of South Africa granting it leave to institute an urgent interim interdict application out of the South African High Court in Johannesburg against ZCCM Investments Holdings Plc (ZCCM) and Konkola Copper Mines provisional liquidator Milingo Lungu.
Vedanta, in a statement, indicated that it would seek an interim order declaring that ZCMM-IH had breached the shareholder agreement by pursuing winding proceedings against KCM.
“In terms of the Urgent Application (served on both ZCCM and the Provisional Liquidator in Zambia yesterday), Vedanta will seek an interim court order declaring that ZCCM has breached the KCM Shareholders’ Agreement by pursuing winding-up proceedings against KCM in Zambia, and directing ZCCM to withdraw those proceedings (thus removing the Provisional Liquidator).
Besieged Acacia wants direct talks with Tanzania
1 July 2019
Acacia Mining Plc wants a truce with the Tanzania government over the tax arrears dispute.
“Acacia’s desire is to engage the government of Tanzania and continue to seek a direct negotiated resolution of the dispute. We still seek to continue demonstrating our long-term commitment to Tanzania, our people, and the mining industry going forward,” the company said in a statement last week.
The latest statement was in response to an offer by Canadian-based majority shareholder Barrick Gold Corp to buy the company’s assets, including the three goldmines it operates in Tanzania.
CAS Publishes Arbitral Award in Semenya Case
18 June 2019
The Court of Arbitration for Sport (CAS) has received an agreement from
Egypt in $500m Settlement with Israel Electric Corp
17 June 2019
Egypt has signed a $500m settlement with state-owned Israel Electric Corp over a defunct natural gas deal, the Egyptian General Petroleum Corporation (EGPC) and Egyptian Natural Gas (EGAS) said in a statement.
The statement said that under the agreement signed on Sunday, Egypt will pay the amount over a period of eight-and-a-half years in exchange for the Israeli company dropping all other claims resulting from a 2015 arbitration decision.
Irish-owned Company Seeks $9bn AWard against Nigerian Government
5 June 2019
An Irish-owned company is due to ask the British courts to enforce a $9 billion (€8 billion) award against Nigeria’s government in a dispute over a gas processing plant that was never built.
Process and Industrial Development (P&ID), a UK-registered firm linked to Dublin-based Industrial Consultants International, agreed in 2010 to build a gas refinery in Nigeria to fuel power plants for the African state.
However, the project never went ahead and P&ID and Nigeria’s government entered arbitration in 2012. The company was awarded $6.6 billion in damages in 2015 as a result. Subsequent interest charges have increased this to around $9 billion.
31 May 2019
Vedanta Starts Arbitration Against Zambia After Mines Seized
Global mining conglomerate Vedanta Resources said on Friday it was seeking international arbitration over Zambia’s appointment of a provisional liquidator to run the company’s Konkola Copper Mines (KCM) business.
Vedanta said on Friday its executives were unable to visit its KCM operation and engage with local management, in a setback to efforts to ease tensions amid a legal battle with Africa’s second-biggest copper producer.
Israel's Electric Corporation Approves Compensation Settlement with Egypt
23 May 2019
The board of directors of state-owned Israel Electric Corporation (IEC) approved on Wednesday a long-negotiated settlement with Egypt’s two national gas companies, which will see these companies pay IEC $500 million as compensation for failure to uphold previous agreements. IEC had a standing agreement to receive gas from Egypt, but a series of sabotage explosions of the gas pipe during the Arab Spring in 2011 led to it being shut down.
The matter has been in international arbitration since, with the court ruling in 2015 that The Egyptian Natural Gas Holding Company (EGAS) and The Egyptian General Petroleum Corporation (EGPC) should pay IEC $1.76 billion. EGAS and EGPC refused and the companies have been in contact since regarding a possible settlement.
Barrick to force Acacia Takeover
23 May 2019
Dar es Salaam. Barrick Gold Corporation is to force a takeover of its Tanzania subsidiary, Acacia, to rescue the deal it has negotiated with the government, it has emerged.
The company yesterday served a notice of intention to buy off Acacia through a share swap, a culmination of its attempt to secure a seal of approval over its Tanzania deal.
The giant miner is running out of time to push through the cooperation framework agreement, against resistance of its London based minority shareholder.
Acacia which was locked out of negotiations, insists its board must approve any agreement reached between the government and Barrick, and has opened a trade dispute arbitration at the international court.
Djibouti Again Ordered to Pay US4385 to DP World
17 May 2019
DP World secured another legal victory this week when the Djibouti government was ordered to pay US$385m plus interest to Djibouti port operator Doraleh Container Terminal (DCT) for breaching its exclusivity rights by developing container facilities at Doraleh Multipurpose Terminal.
Ruling on the case of DCT, 33.34% owned by DP World Group and 66.66% by Port de Djibouti S.A., an entity of the Republic of Djibouti, the London Court of International Arbitration (LCIA) found that by developing new container port opportunities with Hong-Kong based port operator China Merchants, Djibouti breached the rights of DCT under the 2006 Concession Agreement to develop a container terminal at Doraleh. Djibouti was also found to have breached DCT's exclusivity over all container handling facilities in the territory of Djibouti.
British Firm offers FG olive branch over contract dispute
16 May 2019
Nigeria stands to lose up to $9 billion worth of its foreign assets following an enforcement application to US and UK courts by Process and Industrial Development (P &ID), a British firm tied up in a legal dispute with the Federal Government.
The court case arose out of the failure of a contract awarded the company in 2010 to process wet gas to power Nigeria’s generating plants.
In January 2017, a London tribunal, organized under the rules of the Nigeria Arbitration and Conciliation Act, ordered Nigeria to pay P&ID $6 billion in damages, plus $2.3 million in uncollected interest. That figure has since been attracting interest at the rate of $1.2 million per day, and currently stands at over $9 billion.
New Chapter for International Arbitration in SA
16 May 2019
The enactment of the International Arbitration Act 2017, which applies the United Nations Commission on International Trade Laws Model Law (the UNCITRAL Model Law) to international arbitration, marks an important step in the development of international arbitration in South Africa.
South Africa is now able to assert its position as the leading regional arbitration centre in the southern African region.
The modernisation of South African international arbitration will lead to similar modernisation of domestic arbitration practice and, ultimately, to the enactment of a new Domestic Arbitration Act to replace the existing Arbitration Act of 1965 (“Arbitration Act”). However, this article will focus on international arbitration with reference to the new International Arbitration Act, but also with broader reference to the development of international arbitration on the African continent and, more specifically, in the southern African region.
Disputed diamonds: Presidency slapped with hefty R29.9bn claim over Lesotho diamonds
15 May 2019
A diamond mining company has filed a R29.9bn claim against President Cyril Ramaphosa and his government as a near three-decade-long dispute over expropriated diamond mining rights in Lesotho reaches South African courts again.
Josias van Zyl, managing director of Swissbourgh Diamond Mining, is arguing that South Africa is liable to pay him damages for, among other reasons, its "unconstitutional" and "unlawful" support in disbanding the Southern African Development Community (SADC) Tribunal at a SADC summit in 2014.
ICL Drops Charge Against Ethiopian Government at The Hague
27 April 2019
The Israeli fertilizer giant, Israel Chemicals (ICL), which filed a law suit against the Ethiopian government at the Permanent Court of Arbitration at The Hague in 2017 in connection with a controversial tax claim, recently dropped the charge.
ICL was involved in potash mine development project in Ethiopia after it acquired Allana Potash of Canada. The giant fertilizer producer, ICL, abandoned the potash mine development project in the Afar Regional State in the Dallol Depression and pulled out of Ethiopia due to a controversial tax claim in October 2016.
London to Arbitrate EA Pipeline Project Rows
23 April 2019
The UK will host arbitration talks in case of disputes arising out of the East African crude oil pipeline project, ending months of haggling between the governments and oil companies.
Arbitration was one of the issues that were deferred during a technocrats meeting held in Kampala in January.
“Arbitration is now agreed,” said Peter Muliisa, a legal officer at the Uganda National Oil Company — one of the joint venture partners in the project — without naming the venue.
New law on settling investment disputes in the offing
18 April 2019
The Tanzanian government plans to enact a law that will facilitate the settling of disputes with investors in the country. Constitutional and Legal Affairs minister Augustine Mahiga told Parliament yesterday when tabling his docket’s 2019/20 budget proposals that the plan to use local arbitration mechanisms was meant to increase transparency and cut unnecessary costs involved in litigations outside the country.
He said the decision was in line with the Natural Resources and Natural Wealth Management Act, especially Cap 11.
“We need business and investment disputes to be settled using our own arbitration mechanisms and or own laws,” said Dr Mahiga, who asked Parliament to approve Sh181.4 billion for the ministry.
No Hearing Date Has Been Set Yet For Kwesi Nyantakyi's Lifetime Ban Appeal - CAS
16 April 2019
The Court of Arbitration for Sport, CAS, is yet to set a date for the hearing of a lifetime ban appeal by former Ghana Football Association, GFA, President Kwesi Nyantakyi tabled before them in October 2018, contrary to a media report that the attempt has failed.
An email from CAS to journalist Muftawu Nabila Abdulai following his decision to follow up for an update regarding the matter revealed that “no hearing date has been set yet” for the appeal.
The Former FIFA Council member and CAF 1st Vice President, Kwesi Nyantakyi, was banned for life by the FIFA Independent Ethics Committee which found him guilty of breaching “art. 19 (Conflicts of interest), art. 21 (Bribery and corruption) and art. 22 (Commission) of the FIFA Code of Ethics, 2012 edition” following the premiere of an exposé into bribery and corruption by Anas Aremeyaw Anas and his Tiger Eye PI team.
Shipbuilder sues Mozambique over 'tuna bond' debt scandal
16 April 2019
Privinvest, a shipbuilder based in Abu Dhabi, has started arbitration proceedings to claim compensation against three Mozambican state-owned companies at the center of a $2 billion debt scandal involving the country's so-called "tuna bond", reports Reuters.
The company had signed contracts with three Mozambican state-owned companies - tuna harvesting firm Empresa Mocambicana de Atum (Ematum), Mozambique Asset Management and ProIndicus - to supply ships, run shipyards and provide maritime security for the country.
Egypt, Israel inch close to resolving gas arbitration: Minister
14 April 2019
Israel’s energy minister said on Sunday that an arbitration case with Egypt over a defunct natural gas deal could be solved in the coming months, but that the issue was not holding back cooperation in the sector.
In 2015, the International Chamber of Commerce ordered Egypt to pay state-owned Israel Electric Corp about $1.8 billion in compensation after a deal to export gas to Israel via pipeline collapsed in 2012 due to attacks by insurgents in Egypt’s Sinai peninsula.
African Mediation & Arbitration Court Opens in Morocco
10 April 2019
The African Court of Mediation and Arbitration, CAMAR by its French acronym, has just opened in Marrakech, Morocco. It will intervene to settle disputes involving Africans at the continental level.
The project to set up CAMAR was finalized at a constitutive congress held in Marrakech, on April 5.
The Court, the first of its kind in the continent, will handle disputes involving states, African companies and multinationals operating in the continent. Such disputes were so far settled at the level of the arbitration courts of The Hague, Paris or London, which generally serve as a reference in the settlement of disputes on the continent.
Vale to Pursue BSG Resources for $1.3bn
10 April 2019
Vale has triumphed in an arbitration case against BSG Resources, the mining arm of Israeli tycoon Beny Steinmetz's business empire. The Brazilian miner said a London arbitration court had ordered BSG to pay almost $1.3bn related to a dispute between the two companies over a joint venture to develop a huge iron deposit in Guinea called Simandou.
In April 2010, Vale agreed to pay $2.5bn for a 51 per cent stake in BSGR’s Guinean assets, which it then lost after an inquiry concluded it had won them through corruption.
Law Seeks to Stop MTN's Stock Market Listing
9 April 2019
A Lagos Lawyer Dr. Charles Mekwunye has asked the Securities and Exchange Commission (SEC) to stop telecoms giant, MTN from listing its shares on the Nigerian Stock Exchange (NSE).
In a March 18 letter, Mekwunye, of Charles Mekwunye and Co, stated that MTN could not list its shares on the market because of a suit before the Supreme Court concerning the “massive” divestment of its assets.
The letter claimed that MTN had been unfair to the Nigerian public and regulators by allegedly not disclosing the pendency of a civil matter over its shares when it recently announced its proposed initial public offer.
Djibouti ordered to pay DP World $530M in Port Dispute
5 April 2019
A court in London has awarded global ports operator DP World $385 million in compensation for the government of Djibouti's decision to shut it out of previously-agreed development opportunities. When adding in unpaid royalties, the total award comes to $533 million.
Last February, Djibouti's government unilaterally terminated DP World's lease for the operation of DCT, the small African nation's primary container terminal. The two parties had fought for years over the terms of the lease and allegations of impropriety in its signing; at the time, the office of president Ismail Omar Guelleh said that the move was intended to serve "the higher interests of the nation, in particular those relating to the sovereignty of the state and the economic independence of the country." The government-controlled company Port de Djibouti SA (PDSA) took over its operation, and DP World sued in a London court to regain control of its assets.
FEATURED: Rwanda to host 1st Annual Conference on International Arbitration
2 April 2019
Rwanda is set to host the 1st Annual Conference on International Arbitration on April 3rd and 4th. The Conference, co-organised by Kigali International Arbitration Center (KIAC) and the African Arbitration Association (AfAA), will be held at the Kigali Convention Centre (KCC).
Themed “The Coming of Age of International Arbitration in Africa,’ the Conference, hosting around 300 participants, will discuss Africa’s achievements in international arbitration to date and consider what more can be done to increase the participation of Africans in international arbitration. Participants will include arbitrators, academics, engineers, legal advisers, CEOs, and business people, among others.
Egypt-British Petroceltic Files Arbitration Case Against EGPC
25 March 2019
British Petroceltic announced on Sunday filing an arbitration case against the Egyptian General Petroleum Corporation (EGPC) at the World Bank Group's International Centre for Settlement of Investment Disputes (ICSID), according to a statement by the company.
The EGPC reportedly breached its obligations in several gas sales agreements and was not able to pay its debts in time, Petroceltic added, noting that the company's decision will negatively reflect on Egypt's global reputation as a good investment destination, especially in the energy sector.
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.