Past Events

This conference, referring to recent research and practice, explores the various issues that characterise the global mining sector, drawing examples from different countries and regional organisations. Although there is a massive literature on the subject, some issues have been neglected, including the crucial role of digitalisation and technological advancement in resolving the environmental and social challenges faced in artisanal and small-scale mining, deep-sea mining, mining contract negotiations and modernising mining laws to reflect the increasing role of critical minerals, to mention but a few. Whereas the mining sector is crucial for the economic development of the concerned resource rich countries, the principles of sustainability dictate that these resources are not only focused on profit generation but also should take into consideration the protection of people and planet. These minerals are also geographically distributed across the continent. Indeed, if well managed, revenues from the mining sector can be used to tackle the poverty challenges facing the different countries. However, some countries have fallen prey to the resource curse, due to poor governance, corruption and mismanagement. Therefore, the conference unpacks the critical issues associated with the mining sector, explicitly reflecting on the practical solutions needed to address the challenges in the mining sector to ensure that the sector sustainably contributes to the global energy transition. Speakers comprise of experts from different countries including professors, practitioners, government policymakers, NGO executives and a variety of different experts. This multidisciplinary conference will be of interest to policymakers, governments, academics, industry professionals, energy and mining institutions, international organisations, universities across the globe and companies. The conference is also an opportunity to officially launch a timely book on ‘Mining Law and Governance: Transformation and Innovation for a Sustainable Mining Sector’, edited by Dr Victoria R Nalule. Book link Here REGISTER HERE

Energy and mining projects are capital intensive requiring large amounts of money which is often beyond the reach of any host government, hence necessitating the presence of international investors in these sectors. The African continent is home to massive energy and mineral resources, and it has also in recent years attracted a significant amount of energy/mining related disputes in international arbitration. This conference is therefore timely given the rising role of international 3 arbitration on the African continent. To put this into context, it is imperative to note that commercial disputes on the African continent will keep increasing given the anticipated economic development and industrialization in the region. For instance, the International Energy Agency (IEA) data reveals that the African continent will become the most populous region by 2023, as one-in-two people added to the world population between today and 2040 are set to be African. The anticipated boom in population growth, urbanisation and industrialisation will necessitate an increase in investments in the various sectors of the economy, hence increasing the risk for more commercial disputes- that can be resolved through international arbitration. Indeed, we need to perceive international arbitration in the practical sense by connecting it to the different sectors of the economy. For instance, taking cognizance of the pertinent global challenges including climate change, energy transitions, famine, poverty and many others as stipulated in the United Nations Sustainable Development Goals (UN SDGs), we note that international arbitration should be evolving in order to address the disputes that are likely to arise in the process of achieving the UN SDGs. For instance, SDG 7 is focused on Energy Access while SDG 13 is focused on Climate Action. These two sectors are prone to more disputes which can be resolved through international arbitration. The African continent is at the centre of either contributing to tackling these global challenges or even receiving support to address the same. A case in point is the global energy crisis, which has seen many developed countries looking to Africa and the Global South for more fossil fuels including oil, gas and coal-as a way to ensure energy security. Additionally, in a bid to tackle climate change, the African continent is at the centre of supplying the critical minerals such as cobalt, that are essential for the clean technologies necessary for the energy transition. In essence, the continent is home to massive energy and mineral resources, which not only contribute to the economic development of the countries concerned, but they are also a source of commercial disputes that are often resolved through international arbitration. For example, according to the International Chamber of Commerce (ICC), 130 parties from sub-Saharan Africa accounted for approximately 5 per cent of all parties in its 2019 caseload, with Nigerian (19), South African (13) and Mauritian (10) parties taking the lead.10 In 2020, energy disputes accounted for about 18 percent of the total case load of the International Court of Arbitration.11 For instance, according 4 to the 2019 records for the London Court of International Arbitration (LCIA), African parties were involved in slightly more than 10 per cent of the cases (up from 8 per cent in 2018). This conference therefore will provide an in-depth and comprehensive examination of international commercial arbitration in Africa, with a focus on energy and mining disputes. With the contribution from top-class speakers, the conference will provide indispensable update on the developments in the region. Topical discussions will be covered. The conference is also an opportunity to officially launch new chapters to a timely living reference book on ‘International Arbitration in the African Energy and Mining Sectors’, edited by Dr Victoria R Nalule and Professor Damilola Olawuyi. Consequently, the conference is organised into three main panels, reflecting the main themes addressed in the book including, the current trends in international arbitration; international arbitration as a source of resolving energy and mining disputes; and the future of international arbitration. Book link Here

The ongoing global transition to clean and low carbon energy sources therefore is resulting in fundamental changes in the levels and modes of production, distribution, and commercialization of extractive resources worldwide. As countries, businesses, and other stakeholders adopt policies and targets aimed at constraining investments and actions that contribute to the adverse effects of climate change, risk in the energy sector is on the rise. These include financial risks, governance risks and social risks. The 21st century dilemma therefore relates to how we can address climate change and at the same time tackle energy security challenges. Therefore, existing and new contractual arrangements in the extractive sector more broadly will need to respond to the challenges of the energy transition risks identified above. This executive training focuses on renegotiating extractive contracts to align with the net-zero goals. Participants will gain a deeper understanding of the energy transition global landscape. While exploring country cases studies, this executive training will assess the transition risks in extractive contracts. Additionally, the training uniquely provides the negotiation tools and strategies to address these transition risks. Consequently, participants will learn the various mechanisms that will enable them to assess how contractual provisions are responding to or reflecting energy transition scenarios. The experts/trainers will highlight areas to be included or strengthened that will be beneficial for all energy stakeholders. They will also explore how these provisions could be re-negotiated to ensure an effective energy transition. This training is suitable for government policy makers, practitioners and other stakeholders interested in extractive industries; energy transitions; net-zero and climate change. The training is inspired by this book by Dr Victoria Nalule, Professor Raphael Heffron and Professor Damilola Olawuyi. Book link HERE REGISTER HERE