DIAC - IAM Conference / 14 December 2017 / Foreign direct investment operations and investment disputes in the african extractive sector: Challenges and opportunities for africa's growth and development
14 December 2017
DUBAI INTERNATIONAL ARBITRATION CENTRE BANIYAS ROAD, DEIRA/UAE
CONVENERS:
- Dr. Jean-Baptiste Harelimana
- Prof. Dr. Yannick Radi
- Dr. Ana Gerdau de Borja Mercereau
PRESENTATION
Africa's economic output has tripled in the past decade. In 2017, economic activity in Africa remained strong due to external demand and healthy increases in both private and public investments. International investment agreements have played a key role in Africa's development. African States are party to numerous bilateral and multilateral investment treaties which have traditionally offered protection to foreign investors and which have permitted recourse to arbitration to settle investment disputes, under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), or similar fora.
African States increasingly participate in investment arbitration with foreign investors challenging the legality of regulatory measures in various areas. As of May 31, 2017, 22% of all 613 registered ICSID cases have involved an African Member State (135 cases in total). 33% of these 135 cases related to the oil, gas and mining sector (The ICSID Case Load - Statistics -Special Focus - Africa, May 2017, at 7, 12).
The complexity of foreign direct investment (FDI) operations in the extractive sector explains this high percentage and the prevalence of disputes in this sector. This complexity is notably due to heterogeneous interests present in these operations and to numerous and diverse laws and regulations in this sector at domestic and international level. The legal and regulatory framework in the extractive sector may include several pieces of domestic legislation (including the Constitution, mining or petroleum codes, environmental and tax laws), and international treaties (international investment agreements and double taxation treaties). The details of investor-State partnerships are often enshrined in specific contracts or licenses.
This legal and regulatory complexity is a challenge; yet, understanding FDI operations in the extractive sector is key for Africa's development and growth. The Conference seeks to contribute to a better understanding of the challenges raised by FDI operations in the African extractive sector and of their contribution to Africa's development and growth. In light of the specifics of the sector and of current arbitration and treaty practices, the Conference will shed light on the protection of foreign investors in the African extractive sector and on the protection of numerous ‘public interests' at stake in this sector.
Registration procedure
- Registration: 300€
- Payment by cash, by cheque to be issued and payable to DGL Avocats, 12 rue Salvador Allende, 92000 Nanterre, France, or by bank transfer.
- Please return your completed form, by email (jbharelimana@institutafriquemonde.org). You will receive an email confirmation.
- 3 Persons Group tickets are available at a rate of 500€ if ordered in advance. The deadline to take advantage of the discounted group rate is December 10, 2017.
- A special rate is applied for the DIAC partners, please contact Ritta Saoud Ritta.Saoud@Dubaichamber.com
The registration fee includes coffee breaks, conference materials, participation certificate, coffee breaks and evening drinks reception.
Please note that the registration fee does not include hotel accommodation.
Download programme and registration form
For further details, please contact: jbharelimana@institutafriquemonde.org or Ritta.Saoud@Dubaichamber.com