THE UNITED REPUBLIC OF TANZANIA PROPOSES ARBITRATION REFORMS TO PLACATE FOREIGN INVESTORS. WILL IT WORK?

In 2017, the Tanzanian government introduced a raft of legislative reforms to the natural resources sector. Through the reforms the new government looked to ensure that investor disputes were resolved locally and that the Tanzanian government would not be subjected to international arbitrations. The new government showed a particular hostility towards international arbitration (especially in the mining and oil and gas sectors) arguing that it was inherently biased against developing countries, with no neutral ground in international arbitration. There followed a swathe of international arbitrations commenced against the Tanzanian government over parts of the legal reforms that cancelled the retention licences of foreign investors and transferred rights to the Tanzanian government. Read more

ARBITRATION OF CLIMATE CHANGE DISPUTES

On 28 November 2019, the International Chamber of Commerce Task Force on Arbitration of Climate Change Related Disputes released their Report on Resolving Climate Change Related Disputes through Arbitration and ADR (“ICC Report“). The 66-page ICC Report explores existing and anticipated climate change-related  disputes and the benefits of using arbitration to resolve these. Over the last five years, major arbitral institutions have witnessed a steady increase in disputes involving climate change issues. Typically, these have been intrinsically linked to the energy transition away from traditional energy sources such as fossil fuels and coal to increased investments in... Read more