The UK Ministry of Justice GREAT Legal Services and Africa Legal recently hosted the Africa Energy Dispute Resolution Roundtable at the British Embassy in Paris, alongside the International Bar Association Conference. During the discussion, Robert Wheal, Partner at White & Case, London, shared his view about the importance of integrating African legal expertise with international practices, and the exchange of ideas, knowledge and personnel between borders. In this, the last of four articles focusing on the event, we take a closer look at the complex interplay between local expertise and international experience.
Wheal emphasised the importance of trust and equality in international partnerships. “When you work with African counsel, it needs to be based on a proper division of responsibility that accords both firms proper roles,” he said. He criticised the practice of relegating local counsel to peripheral roles, advocating instead for a more integrated approach. “Where there is respect and cooperation there is the basis for a successful collaboration. This is the model White & Case has followed in Africa and internationally, and it works very well. International firms forget at their peril that African counsel often have the strongest client relationship and are the people that the client will turn to most readily.”
Discussing cross-border energy disputes, Wheal pointed out the technical complexities and the need for experienced practitioners familiar with such cases. “For example, if they concern a major power project, it is necessary to assemble a team of experienced practitioners who have handled similar disputes in the past. You also need to be able to handle the volume of documentation and the technical issues. Such disputes also require a familiarity with the leading experts in these fields.”
Wheal noted the high level of knowledge and interest in international arbitration in Africa, but suggested that international firms’ experience in handling a wide array of cases is invaluable. “What the international firms offer is experience of many hearings and handling numerous cases, be it commercial, energy or investor state. Being able to tell a client what will happen because you have faced that situation before is invaluable and gives clients confidence. Similarly, being able to draw on large teams of experienced colleagues with pan-African experience is a real asset.”
Regarding global energy trends, Wheal highlighted the challenges and opportunities presented by the energy transition. “It will bring change to Africa, and where there is change there are normally disputes,” he said. “In many African countries energy demand exceeds production, and it is to be hoped that renewable projects and other initiatives will help bridge some of the gap. These projects offer great prospects but bring their own challenges.”
Looking to the future, Wheal called for more capacity building and the exchange of ideas and personnel between international and African legal practitioners.
“Over the course of 2023, White & Case has supported capacity-building projects in Nigeria, Ghana, Kenya and Malawi, working with the government legal departments in each case to increase the knowledge of international arbitration within their legal teams. We have found these projects to be valuable and enriching initiatives with great engagement from the participants,” he shared. “In addition, whenever we have had a secondee from an African law firm we have always benefitted from their knowledge, enthusiasm and energy, and they have picked up valuable experience. That is how you build relationships and grow collaboration.”
The purpose of the roundtable was to foster meaningful discussions between UK-based and international practitioners. As the energy landscape evolves, particularly with the shift towards renewable energy, the insights shared by experts like Wheal will continue to be invaluable in navigating the intricacies of energy disputes in Africa.
Wheal’s emphasis on respect, cooperation and knowledge exchange aligns with that of the Africa Legal and UK GREAT Legal Services team. These values will be key to our upcoming trip to East Africa, where Africa Legal and GREAT Legal Services will be hosting several roundtable and networking events helping to bring together local and international counsel to discuss the latest trends and opportunities in the region. To stay up to date on this upcoming event series and more, follow GREAT Legal Services.
In case you missed the previous parts of this series, click here to learn more about Energy Disputes in South Africa, Nigeria and Ethiopia.
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