Arbitrating natural resources disputes in Africa      

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Reserve Judgement: Arbitrating natural resources disputes in Africa

Fieldfisher dispute resolution partner, Simon Sloane, considers the difficulties facing energy companies seeking to protect their
investments while respecting the transformational needs of host states.

 

 

Fieldfisher's international arbitration team consists of 75 fee earners across Europe. This includes 24 partners. Members of our team appear as counsel and sit as arbitrators under the rules of most major arbitration institutions.

Our practitioners are qualified to practice in over 9 jurisdictions, including the UK, US, Russia, Armenia and Ukraine.

The team is fluent in 12 languages across these jurisdictions, including Russian, Ukrainian, Spanish, German and Arabic.

Our practitioners have been appointed to leadership positions with various arbitral institutions and organizations. These include: member of the peer review editorial board for ICSID Review, faculty member of HKIAC Tribunal Secretary Accreditation Programme, Global Advisory Board for ICDR Young & International, member of ICCA Publications Committee, and secretary of RCAN.

 

Notable deals / highlights

  • We act for Littop Enterprises Limited, Bridgemont Ventures Limited and Bordo Management against Ukraine in an investment arbitration brought in the SCC under the Energy Charter Treaty. The claim relates to investments made into the largest Ukrainian oil and gas company. This is the largest and most high profile dispute in the host State.
  • We act for the Dutch investor Gilward Investments B.V. against Ukraine. This is an investment treaty arbitration under the ICSID rules. It concerns the expropriation of the claimant's shares in a Ukrainian airline.
  • We act for four interlinked public international law Bilateral Investment Treaty claims on behalf of Claimant investors under UNCITRAL Rules, Hague seat, relating to real estate investments made in the host State (Russia).
  • We acted for the applicant in a recent successful challenge to an LCIA tribunal's award in the English High Court under s.68(2)(d) of the Arbitration Act 1996, on application a key liability issue was remitted back to the eminent three member Tribunal and amended in July 2018 as a result of the court’s order.

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