Recent Trends in African Energy and Mining Arbitration in Light of the Paris Agreement: Current Opportunities and Future Directions

The world is in the middle of a global energy transition aimed at reducing dependence on carbon-intensive fuels that cause climate change and shifting towards investments in renewable and lower carbon energy sources. The rapid pace of regulatory changes and updates to licensing and bidding requirements, especially the expansion of environment, social and governance (ESG) standards in the energy and mining projects, have triggered changes in the nature, scope and dimensions of energy and mining disputes across Africa and in different parts of the world. As new forms of disputes emerge, it is essential to examine the key roles of alternative dispute resolution (ADR), especially arbitration in resolving such novel disputes. This chapter utilizes doctrinal legal research approaches with primary, and secondary sources of laws such as case law, statutory authorities, textbooks, and peer-reviewed journals, to analyze latest developments in energy and mining arbitration in Africa. The chapter examines the recent trends in energy and mining disputes in light of the 2015 Paris Climate Agreement and the implications for the development of arbitration in Africa. It examines how legal and institutional frameworks on arbitration can be strengthened in Africa to better respond to emerging disputes, and how arbitration practitioners in Africa can be better equipped to be at the forefront of providing expert analyses and support needed to resolve transition-related disputes in a timely, accessible, and efficient manner.