The City of London played host to the 6th Annual Conference on Energy Arbitration and
Dispute Resolution in the Middle East and Africa on the 27th and 28th of June 2023. Participants at
this two-day event included government officials, legal practitioners, diplomats, and academics from
around the world.
During the first day of the conference, a distinguished lineup of speakers captivated the audience
with their insights. Lise Boseman set the stage, delving into the complex realm of Investor-State
Dispute Avoidance. According to Boseman, a state’s national laws must be aligned with its
international investment obligations and cohesion.
The next speaker, Dr Glenn George, discussed the prevailing global energy mix, which remains
heavily dependent on fossil fuels. Dr George emphasized that renewable energy sources still require
a large quantity of rare earth elements, despite their impressive progress.
A prominent figure in the field, Khawar Qureishi KC, shared his invaluable experience in representing
investors and states in Africa. According to Qureishi, a delicate balance must be struck between
protecting foreign investors and safeguarding the legitimate interests of states. Drawing from his
experiences, he highlighted the need for strategic decision-making.
A riveting panel discussion featuring Emilia Onyema, Dr. Victoria Nalule, Kirtan Prasad, and Sanjeev
Bahl sparked a lively debate about whether green energy production for export is the best policy for
African countries. The panellists stressed the potential for job creation as well as the need to assist
domestic markets. However, they also emphasised the importance of modernising household grids
and establishing appropriate grid infrastructure.
Daniel Correa emphasised the importance of early instruction during arbitration since it provides for
a quick knowledge of the project, claims, and positions of the parties concerned. This enables courts
and tribunals to issue well-informed and concise opinions.
Another panel, which included Yolanda Walker, Paul Sills, Jide Adesokan, Luis Martinez, Duncan
Bagshaw, and Martin Burns, discussed dispute-resolution strategies in African energy infrastructure
projects. The panellists offered their knowledge, giving light on various conflict resolution solutions.
The day concluded with a stimulating discussion involving Victoria Kigen, Daniel Wilmot, Gillian
Lemaire, and Steve Finizio. The panel centred around Queen Mary’s University London and Pinsent
Masons survey on international energy arbitration’s future. Interestingly, the survey revealed that
27% of respondents predicted increased energy disputes in Africa, making it the region most likely to
experience such disputes.
Day two of the conference focused on the Middle East and North Africa region. The panel
discussion, led by Jamie Trinidad KC, Lady Olga Maitland, Laurence Franc-Menget, Tarek Eltumi, Rym
Loucif, and Ahmed Abdel Hakam, explored various risks and challenges faced by states and investors
in the region. Attention was drawn to the rise of sham claimants targeting states and the need to
adapt to the shifting geopolitical landscape.
The conference continued with an engaging conversation between Clarissa Coleman, Cherine Ghali,
Dan Turner, and Lindy Patterson. They deliberated on the crucial decision of choosing the arbitration
seat for MENA disputes. The panellists emphasised the significant impact the seat has on the choice
between civil and common law systems, document disclosure, and case funding.
Craig Tevendale’s keynote speech was the day’s high point. He brought light on the frightening
Energy Trilemma. This entails striking a delicate balance between ensuring a consistent energy
supply, lowering prices, and minimising environmental effect.
The final panel, which included Professor Peter Cameron, Michael Patchett Joyce KC, Vivek Kapoor,
Deger Boden, and Naomi Bariercliffe, focused on the evaluation of Middle East Investment Treaties
relating to oil and gas investments and climate change. The panellists provided useful insights
towards understanding the intricate interplay between these critical factors.
The conference concluded with a riveting discussion led by Asel Housan, Charlie Morgan, and James
M. Turner KC. The discussion focused the role of Artificial Intelligence (AI) in driving productivity and
research within the legal field. While AI is already playing a substantial role in large law firms, the
panellists were sceptical of its potential as a decision-maker in conventional dispute resolution. The
future of AI in this domain will ultimately depend on the evolution of disputes and changes in
business practices.
The 6th Annual Conference on Energy Arbitration and Dispute Resolution provided a valuable forum
for specialists from around the world to share their knowledge and perspectives, and provided
attendees with enhanced knowledge of the complex terrain of energy arbitration and dispute
resolution.
Source: Cameroon News Agency