How to navigate dispute resolution in Africa
Over the last decade investment into Africa from foreign companies, financial institutions and private equity groups has soared, while investment between African countries is also increasing. For those willing and able to seek out its opportunities, Africa represents the world's largest emerging market, but there are several factors that are particular to doing business in the continent that mean the scope for dispute resolution will inevitably increase. For instance: Governments may seek to revisit past legislation or renegotiate agreements with a view to obtaining higher revenues. As the 'soft law' obligations of companies are increasingly on the radar of governments and civil rights organisations, disputes could arise where companies are alleged to have made investments without due care for the rights and concerns of local communities. Disputes may also be caused by dealings with governments that are under international censure or sanctions regimes, or with unethical officials in legitimate governments.
As investment continues to flow into the continent, the number of disputes is also rising
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