Petroleum disputes are common in West Africa due to the significant oil and gas reserves in the region. Disputes commonly arise between various stakeholders, including governments, international oil companies, local communities, etc. These disputes cut across issues such as contract interpretation, revenue sharing, environmental concerns, and social and economic impacts. International arbitration because of its peculiar feature of adaptability has very easily become the preferred method for resolving petroleum disputes in West Africa due to its flexibility, confidentiality, and provisions for global enforceability. However, there are still challenges associated with the use of international arbitration within the region, including policy considerations and a lack of clarity around legal frameworks, to mention but a few. Effective resolution of petroleum disputes in West Africa will require a combination of factors such as specialized knowledge, institutional support, and a more in-depth understanding of the local context. This chapter discusses the types of petroleum arbitration disputes; environmental, social, and governance (ESG) considerations associated with petroleum disputes an attempt to analyze some petroleum arbitration cases in West Africa; challenges facing effective use of arbitral processes; and proposed recommendations to the issues bedevilling petroleum arbitration disputes in West Africa.

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Petroleum Disputes and Arbitration in West Africa

  • Diane Okoko

摘要

Petroleum disputes are common in West Africa due to the significant oil and gas reserves in the region. Disputes commonly arise between various stakeholders, including governments, international oil companies, local communities, etc. These disputes cut across issues such as contract interpretation, revenue sharing, environmental concerns, and social and economic impacts. International arbitration because of its peculiar feature of adaptability has very easily become the preferred method for resolving petroleum disputes in West Africa due to its flexibility, confidentiality, and provisions for global enforceability. However, there are still challenges associated with the use of international arbitration within the region, including policy considerations and a lack of clarity around legal frameworks, to mention but a few. Effective resolution of petroleum disputes in West Africa will require a combination of factors such as specialized knowledge, institutional support, and a more in-depth understanding of the local context. This chapter discusses the types of petroleum arbitration disputes; environmental, social, and governance (ESG) considerations associated with petroleum disputes an attempt to analyze some petroleum arbitration cases in West Africa; challenges facing effective use of arbitral processes; and proposed recommendations to the issues bedevilling petroleum arbitration disputes in West Africa.