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FOREIGN DIRECT INVESTMENT OPERATIONS AND INVESTMENT DISPUTES IN THE AFRICA...

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Dubai International Arbitration Centre (DIAC)

BANIYAS ROAD

P.O. Box: 1457

Deira, Dubaï P.O. Box: 14

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Description de l'événement

Description

FOREIGN DIRECT INVESTMENT OPERATIONS AND INVESTMENT DISPUTES IN THE AFRICAN EXTRACTIVE SECTOR : HALLENGES AND OPPORTUNITIES FOR AFRICA'S GROWTH & DEVELOPMENT

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Africa’s economic output has tripled in the past decade. In 2017, economic activity in Africa remained strong due to external demand and healthy increases in both private and public investments. International investment agreements have played a key role in Africa’s development. African States are party to numerous bilateral and multilateral investment treaties which have traditionally offered protection to foreign investors and which have permitted recourse to arbitration to settle investment disputes, under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) or similar fora.

African States increasingly participate in investment arbitration, in cases where foreign investors challenge the legality of regulatory measures decided in various areas. For instance, 22% of all ICSID cases have involved a State Party from Africa (135 cases in total). 33% of these cases related to the oil, gas and mining sector.

This prevalence of disputes relating to the extractive sector can be explained in particular by the complexity of foreign direct investment (FDI) operations in this sector. This complexity is notably due to the heterogeneity of interests at hand in these operations as well as to the diversity of instruments, both domestic and international, which regulate this sector. The legal and regulatory framework may include several pieces of domestic legislation (including the Constitution, mining or petroleum codes and tax laws) as well as international treaties (international investment agreements and double taxation treaties). The details of investor-State partnerships are often enshrined in specific contracts or licenses.

This complexity is a challenge; yet, understanding FDI operations in the extractive sector is of a fundamental importance as they are key for Africa’s development and growth. In this respect, the Conference is intended to contribute to a better understanding of the challenges raised by FDI operations in the African extractive sector and also of the contribution they can make to Africa’s development and growth. In light of the specifics of the sector and also of current arbitration and treaty practices, the Conference will shed light on the protection of foreign investors in the African extractive sector as well as on the protection of the numerous ‘public interests’ at stake in this sector.


TOPICS INCLUDE:

PANEL 1: KEY FEATURES OF FOREIGN INVESTMENT OPERATIONS IN THE AFRICAN EXTRACTIVE SECTOR

Recurrent problems and legal questions concerning foreign investment operations in the African extractive sector

Foreign investment operations in the African extractive sector: A historical perspective

Public-private partnerships

Stabilization in oil and gas contracts: Evidence and implications

PANEL 2: THE PROTECTION OF FOREIGN INVESTORS IN THE AFRICAN EXTRACTIVE SECTOR

The Relationship between the FET standard and the minimum standard of treatment

Legitimate expectations

Umbrella clause

Expropriation

PANEL 3: THE PROTECTION OF "PUBLIC INTEREST" IN THE AFRICAN EXTRACTIVE SECTOR

State responsibility in conflict situations

States’ obligations to protect sustainable development objectives: The role and benefits of counterclaims founded on investors’ obligations to comply with laws and regulations

The corporate social responsibility of foreign investors

SPEAKERS

Habib Al Mulla FCIArb, DIAC Chairman of the Board of Trustees

Dr Emmanuel Ibe Kachikwu, Minister of State for Petroleum Resources of The Federal Republic of Nigeria and Chairman of the Board of the Nigerian National Petroleum Corporation (NNPC) (tbc)

Tarek F. Riad, Managing Partner of Kosheri

Emmanuel Gaillard, Shearman & Sterling LLP(tbc)

Ana Gerdau de Borja Mercereau, MCIArb, Université Paris-XIII

Robert Volterra, Senior Partner, Volterra Fietta LLP (London)

Anne K Hoffmann, Legal Director, ‎Clyde & Co (Dubai)

Thomas Snider, Partner, Head of Arbitration, Al Tamimi & Co

Emilia Onyema FCIArb, Senior Fellow, HEA International Commercial Law School of Law (London)

Andrew Mackenzie, Counsel, Hogan Lovells (Dubai)

Won Kidane, ADDIS LAW GROUP LLP

Yannick Radi, Professor of Public International Law, University of Louvain

Joseph Campbell, Partner, Shearman & Sterling LLP (Abu Dhabi)

Alain N. Farhad, Partner Squire Patton Boggs (MEA) LLP(Dubai)

Ismaïl SELIM, Director ofthe Cairo Regional Centre for International Commercial Arbitration (CRCICA)

Hery Frédéric Ranjeva, partner, Foley Hoag (Paris),

Ilham. Kabbour, Hogan Lovells

Professor Vincent Nmehielle, Secretary General of the African Development Bank (AFDB) Group (tbc)

Amine IDRISS ADOUM, Director and Chief Administration, African Union Commission (Addis Ababa)

Jean Baptiste Harelimana, Lawyer, President of Institut Afrique Monde (Paris).





If you would like to register to this conference , please click on :Assister à l'Evénement

Contact Jean Baptiste Harelimana(jbharelimana@institutafriquemonde.org or Ilham Kabbouri : +971 4 377 9202/ilham.kabbouri@hoganlovells.com , to learn more about the conference including visibility and free attendance at events.

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Date et heure

Adresse

Dubai International Arbitration Centre (DIAC)

BANIYAS ROAD

P.O. Box: 1457

Deira, Dubaï P.O. Box: 14

Politique de remboursement

Remboursements jusqu'à 7 jours avant l'événement

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