This is an extract of our article in the GAR’s The Middle Eastern and African Arbitration Review 2023. The whole publication is available here.
This article outlines some of the legal concepts faced by investors and African states involved in large energy projects when a sudden change in the legal and economic context arises, and the disputes around these concepts. It also gives insight into two trending issues for energy projects in Africa that could give rise to contractual renegotiations and arbitrations in the years to come.
Publication
As previously observed, conflicts occasionally arise between mortgagees and charterers where a mortgagee wishes to take prompt action to enforce its rights, but the charterer wishes such enforcement action to be deferred until the end of the charter.
Publication
For some time now, the European Commission (EC) and national competition authorities (NCAs) have been striving to catch so-called “killer acquisitions” under their merger control rules to thereby close a perceived enforcement gap.
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© Norton Rose Fulbright LLP 2023
