East African Infrastructure Projects and Dispute Resolution

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East African Infrastructure Projects and Dispute Resolution 

 

by Bernd Ehle*, Benjamin Ng’eno** & Baptiste Rigaudeau***

 

The growing number of complex infrastructure projects in the East African region has led to numerous construction disputes, especially where complex financial, operational and political risks materialise. This article describes the landscape regarding major infrastructure projects in East Africa, including the impact of China’s Belt and Road Initiative. It examines how disputes related to such projects are being resolved today and provides a brief overview of the East African arbitration landscape. The authors seek to identify certain trends for the future, including the impact of the COVID-19 pandemic and digitalization, and close with an outlook into the future.

This article was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 SAQ, in the International Business Law Journal (IBLJ) 4/2021 and is reproduced by agreement with the publishers.

 

* Partner, LALIVE, Geneva, Switzerland, behle@lalive.law.

** LL.M. International Dispute Settlement (MIDS), Arbitration and International Disputes Lawyer, Advocate of the High Court of Kenya, benjamin.ngeno@mids.ch.

*** Associate, LALIVE, Geneva, Switzerland, brigaudeau@lalive.law.

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Our blog is managed under the guidance of Africa Construction Law Advisory Board who serve as editorial advisors. We welcome contributions from lawyers and non-lawyers.
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Reindorf Jodie
Reindorf Jodie

Associate, Freshfields Bruckhaus Deringer LLP, UAE

Regional Editors

Thandeka Nene (Southern Africa Region)

Thandeka Nene (Southern Africa Region)

Built Environmental Legal Specialist, Development Bank of Southern Africa (DBSA)

Camilla Fröhlich (Southern Africa Region)

Camilla Fröhlich (Southern Africa Region)

Senior Foreign Associate, Hogan Lovells, South Africa

Dr. Emilio Linde-Arias (Central Africa Region)

Dr. Emilio Linde-Arias (Central Africa Region)

Managing Engineer, Exponent, London, England, United Kingdom

Abiola Aderigbe (Western Africa Region)

Abiola Aderigbe (Western Africa Region)

Group Head of Legal & Commercial, BESA Group, London, England, United Kingdom

Elizabeth Ashun (Western Africa Region)

Elizabeth Ashun (Western Africa Region)

Partner, Bentsi-Enchill, Letsa & Ankomah, Accra, Ghana

Omonigho Oyoma Brown (Western Africa Region)

Omonigho Oyoma Brown (Western Africa Region)

Head, Contract Management Julius Berger Nigeria Plc, FCT Abuja, Nigeria

Feisal Okocha Mulama, ACIARB (Eastern Africa Region)

Feisal Okocha Mulama, ACIARB (Eastern Africa Region)

Group In-Legal Counsel, Lordship Africa, Kenya

Yvonne Getugi (Eastern Africa Region)

Yvonne Getugi (Eastern Africa Region)

Assistant Manager, Legal Services, National Construction Authority, Kenya.

Diogo Duarte de Campos (Lusophone Africa Region)

Diogo Duarte de Campos (Lusophone Africa Region)

Partner, PLMJ - Sociedade de Advogados, RL, Portugal

John Coghlan (FCIArb)

John Coghlan (FCIArb)

Principal C&E Legal Solutions

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