Foreign Arbitral Awards

As observed by the International Energy Agency’s most recent World Energy Outlook, the Covid-19 crisis has underlined the importance of a reliable, affordable and secure electricity supply that is able to accommodate sudden changes in behaviour and economic activity, while continuing to support vital services. The electricity sector will play a key role in supporting economic recovery, and an increasingly important long-term role in providing the energy that the world needs, as it evolves into a system with lower CO2 emissions and enhanced flexibility.

Courts in Africa must construe arbitrability through a narrow interpretation of public policy, loyalty to the doctrine of Kompetenz-Kompetenz, and severability in international commercial arbitration. A proactive judicial approach should be based on distinctive arbitration practices that reflect Africa’s socio-economic background as well as contemporary arbitral trends around the world, as this is a viable means to reduce the influence of public policy on questions of arbitrability in Africa.