Revue - Les Cahiers de l'Arbitrage N°2 - 2023 - 53

NUMÉRO SPÉCIAL AFRIQUE
the UNCITRAL Arbitration Rules. The London-seated tribunal found multiple BIT
breaches in the conduct of the State and its federal police, and the Chinese investor
was awarded compensation which included moral damages.
In Beijing Everyway Traffic and Lighting Tech Co v Ghana, 80
a dispute brought
by a Chinese investor against the government of Ghana, a claim was filed under
the China-Ghana BIT alleging expropriation resulting from a cancelled contract
to build an intelligent traffic management system. The UNCITRAL proceeding
was administered by the Permanent Court of Arbitration and seated in London -
another sign that the projected place of CAJAC centres within Africa's investment
arbitration framework remains a mirage.
Future trends in African investment arbitration?
Historically, investment in African economies has been in the extractive
sectors, with a focus on mining, and oil and gas sectors. With the expressed desire
of many countries for a shift away from the export of natural resources towards
manufacture and industrialisation, African governments have encouraged private
sector investments in the construction and infrastructure sectors. As previously
noted, with the amount of money invested by China in building infrastructure in
many African countries, 81
the likelihood of construction and infrastructure disputes
between China and African parties looms large on the horizon.
Again, as African countries become more engaged in the investor-State dispute
space, there is a possibility that States may actually find themselves positioned as
claimants in future disputes. Such opportunities would present themselves sooner,
should African States embrace the proposed AAA Model BIT, as discussed above,
which includes obligations on the part of the investors. 82
One possibility will be a 'pre-emptive strike' action, where States go on the
offensive and seek to compel investors to complete investment projects which
they have commenced. Recently, Uganda has threatened that it will start arbitral
proceedings if, as a result of pressure from the European Union citing environmental
and human rights abuse concerns, Total Energies decides not to complete the East
African Crude Oil Pipeline ( "" EACOP " ), a project seeking to link oil reserves in the
Lake Albert oilfields region to the Indian Ocean, through Uganda and Tanzania. 83
80. Beijing Everyway Traffic & Lighting Tech. Co. Ltd v The Republic of Ghana (I), PCA Case
No. 2021-15, Final Award on Jurisdiction (Save as to Costs) - dated 30 January 2023 (https://www.
italaw.com/sites/default/files/case-documents/italaw170999.pdf). See also, Jack BALLANTYNE, " Ghana
defeats Chinese company's treaty claim " , Global Arbitration Review, 2 February 2023 (https://
globalarbitrationreview.com/article/ghana-defeats-chinese-companys-treaty-claim).
81. See, Tim MCDONNELL, " China has invested more in Africa than the other top eight lenders
combined " , Quartz, 10 February 2022 (https://qz.com/africa/2125769/china-has-invested-23-billionin-africas-infrastructure#:~:text=China%20lends%20billions%20of%20dollars,other%20country%20
or%20international%20bank).
82.
African Arbitration Academy Model BIT, July 2022 (https://jusmundi.com/en/document/pdf/
treaty/en-africa-arbitration-academy-model-bilateral-investment-treaty-for-african-states-aaa-modelbit-friday-1st-july-2022).
83.
" TotalEnergies walks a tightrope as fresh hurdles threaten to delay pipeline project " ,
Monitor, 26 September 2022 (https://www.monitor.co.ug/uganda/news/national/totalenergies-walksa-tightrope-as-fresh-hurdles-threaten-to-delay-pipeline-project-3961884).
Les
Cahiers de l'Arbitrage 2023‑2
327

https://www.italaw.com/sites/default/files/case-documents/italaw170999.pdf https://www.italaw.com/sites/default/files/case-documents/italaw170999.pdf https://globalarbitrationreview.com/article/ghana-defeats-chinese-companys-treaty-claim https://globalarbitrationreview.com/article/ghana-defeats-chinese-companys-treaty-claim https://qz.com/africa/2125769/china-has-invested-23-billion-in-africas-infrastructure#:~:text=China%20lends%20billions%20of%20dollars,other%20country%20or%20international%20bank https://qz.com/africa/2125769/china-has-invested-23-billion-in-africas-infrastructure#:~:text=China%20lends%20billions%20of%20dollars,other%20country%20or%20international%20bank https://qz.com/africa/2125769/china-has-invested-23-billion-in-africas-infrastructure#:~:text=China%20lends%20billions%20of%20dollars,other%20country%20or%20international%20bank https://jusmundi.com/en/document/pdf/treaty/en-africa-arbitration-academy-model-bilateral-investment-treaty-for-african-states-aaa-model-bit-fr https://jusmundi.com/en/document/pdf/treaty/en-africa-arbitration-academy-model-bilateral-investment-treaty-for-african-states-aaa-model-bit-fr https://jusmundi.com/en/document/pdf/treaty/en-africa-arbitration-academy-model-bilateral-investment-treaty-for-african-states-aaa-model-bit-fr https://www.monitor.co.ug/uganda/news/national/totalenergies-walks-a-tightrope-as-fresh-hurdles-threaten-to-delay-pipeline-project-3961884 https://www.monitor.co.ug/uganda/news/national/totalenergies-walks-a-tightrope-as-fresh-hurdles-threaten-to-delay-pipeline-project-3961884

Revue - Les Cahiers de l'Arbitrage N°2 - 2023

Table des matières de la publication Revue - Les Cahiers de l'Arbitrage N°2 - 2023