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Introduction to International Energy Arbitration Disputes in Africa

; 
Olawuyi, D.S.
Publication Date
2023-02
End of Embargo
Supervisor
Keywords
Africa, Arbitration, Negotiations, Petroleum, Mining, Energy, African energy sector, African mining sector, Climate litigation, Renewables, Energy transitions, Communities, Natural resources, Energy disputes, Dispute resolution
Rights
© 2023 Palgrave Macmillan. Reproduced with permission of Palgrave Macmillan. This book chapter is the author's original accepted manuscript and has not been copy-edited. The definitive, published, version of record is available here: https://doi.org/10.1007/978-3-030-96183-1_1-1
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Peer-Reviewed
Yes
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embargoedAccess
Accepted for publication
2022-09-07
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Management and Law Publications
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Abstract
This chapter provides a background on the roles of international arbitration as an important mechanism for dispute resolution in Africa’s dynamic and evolving energy and mining sectors. Given its abundant endowment with renewable and non-renewable energy sources, Africa has for several decades provided significant opportunities for international energy companies to spearhead energy production activities and investments in the production, distribution, and sale of energy. Despite these investment opportunities, entrants into energy markets in Africa often face legal risks that pose monumental threats to the economic viability of investments. If not properly mitigated and addressed, such risks may result in complex and protracted legal disputes. Over the last decade, arbitration has emerged as a key mechanism for dispute resolution in Africa’s growing energy industry. After providing an overview of the history, nature, and scope of energy arbitration in Africa, this chapter examines the drivers and sources of energy disputes in Africa’s energy and mining sectors and how the rise in arbitration provisions in energy contracts is shaping legal responses to such risk drivers. It analyzes how the full value of arbitration can be maximized as a tool for achieving fair, timely, efficient, and effective dispute resolution in Africa’s energy sector, especially in light of ongoing energy transitions.
URI
http://hdl.handle.net/10454/20030
Version
Accepted manuscript
Citation
Nalule VR and Olawuyi DS (2023) Introduction to International Energy Arbitration Disputes in Africa. In: Nalule VR and Olawuyi DS (eds) The Palgrave Handbook of Arbitration in the African Energy and Mining Sectors. pp. 1-21. Palgrave Studies in Energy Transitions. Palgrave Macmillan.
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Link to Version of Record
https://doi.org/10.1007/978-3-030-96183-1_1-1
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Book chapter
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