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Focus on Emerging Markets: Energy & Natural Resources Arbitration Arising From Africa and Latin America

Commercial and investment arbitral activity in relation to the energy and mining sectors of Africa and Latin America has risen rapidly.

In the first of a series of events focusing on energy and mining arbitration in these two regions, on 28th of September, 20 Essex Street held (on this occasion in partnership with Ince & Co) an event discussing the landscape, the peculiarities, the issues to be considered prior to arbitration, cases, trends, and enforcement challenges, concerning energy and mining arbitration arising from the African region, drawing some comparisons with Latin America. 

An esteemed panel consisting of Nuno Frota (partner (African Group), Ince & Co), Michael Tselentis QC (Arbitrator, 20 Essex Street), Colin Johnson (Vice-President, Charles River Associates), and Tunde Ogunseitan (Counsel, ICC), explored such topics from the perspective of the transactional lawyer, the arbitrator, the expert and the arbitral institution. Cases discussed included the Standard Chartered Bank (Hong Kong) Limited  vs Tanzania Electric Supply Company Limited  (TANESCO) (an ICSID case raising important connections between banking/financing and energy), Petrotrans vs Ethiopia (a 1.4 billion dollar commercial arbitration concerning a mining concession) and the recent  US$ 2 billion (plus interest and costs) ICC claim by Cobalt International Energy vs SONANGOL, arising from Angola.

Monica Feria-Tinta, who is curating these series, chaired the panel.   

The series are a reflection of the growing expertise 20 Essex Street has on dispute resolution arising from Africa and Latin America, both in arbitration and litigation. The second in these series of events will focus more closely on Latin America and will take place earlier next year. 

For further information on the work of 20 Essex Street on dispute resolution arising from Africa and Latin America see the brochure below.

20 EX EMERGING MARKETS AW pages (s).pdf1.34 MB