Navigating the legal and economic complexities of African projects: disputes arising from the financial landscape, sustainability concerns and ESG considerations
The first panel on Wednesday 4 June was hosted by DWF, Grant Thornton UK and Olaniwun Ajayi LP. The panel was moderated by DWF international arbitration partner Poupak Anjomshoaa, whose practise is focused on Africa and the Middle East, in a fireside chat with Seye Opasanya, SAN (Olaniwun Ajayi LP),MitchellAghatise (Olaniwun Ajayi LP), Amaechi Nsofor (Grant Thornton UK), Paul Cliff (Grant Thornton UK), and DWF expert on investor-State disputes and partner Solomon Ebere.
This panel discussed the critical role of African mining and energy projects in the global energy transition and decarbonisation efforts, and considered sustainability and ESG concerns, before addressing practical steps to mitigate and address disputes arising out of mining and energy disputes in Africa, with considerations for valuing losses.
The speakers highlighted Africa's importance in the global energy transition and concluded that investing in Africa may come with high risks, however, can also carry high rewards. The panel characterised ESG and sustainability considerations as "enablers" rather than obstacles in new projects. The panellists also noted that unlocking private investment in climate financing, and investing in and engaging local communities, is critical for the sustainability of new projects and addressing ESG concerns.
The panel also discussed other challenges arising out of disputes in Africa, such as changes of laws, political regimes and corruption. In terms of approach to settlement and mitigation of disputes, one speaker commented that the default approach of the States is to settle the dispute, rather than litigate it.
Building for the Future in an Era of Uncertainty and Turbulence: Reshaping Construction Disputes in the Middle East and Beyond
The second panel on Wednesday 4 June was co-hosted by DWF and Alvarez & Marsal. The panel consisted of Khaleda Wheeler (Alvarez & Marsal), Haris Katostaras (Alvarez & Marsal), Suber Akther (Siemens Energy), and DWF global co-head of Infrastructure, Construction and Energy, David McNeice. The panel was also moderated by DWF partner Poupak Anjomshoaa, who has spent more than half of her career working on construction disputes.
The panel examined how recent geopolitical events have impacted construction projects and increased the uncertainties for all parties. We discussed emerging trends, practical solutions and best practices for managing disputes. The panellists also explored dispute resolution mechanisms and whether it is time to introduce adjudication or expedited arbitration proceedings in the Middle East. Finally, there was discussion on the advancement of digital tools and technologies which are now used in the development and management of construction projects, and which can play a role in the dispute resolution phase.
The speakers highlighted the increase in infrastructure and renewable energy projects, as well as giga projects in the Middle East, due to drivers such as population growth, cultural and geopolitical ambition, race for technology and AI, energy demand, and physical connectivity of projects. It was noted that ESG considerations are different in each region and will come into play more in the years to come. We also discussed resourcing difficulties, including labour and material-related challenges, and the "job-hopping" of professionals, which can be expected to impact many projects in the pipeline - both in terms of price escalation and delays. It was also noted that there is an increase in contractor insolvencies, as well as extension of time claims, with many disputes still leading back to COVID.
Building for the Future in an Era of Uncertainty and Turbulence: Reshaping Construction Disputes in the Middle East and Beyond
On 5 June 2025, the panel was co-hosted by Shieldpay, DWF, Bates Wells and Omni Bridgeway. DWF partner and head of litigation in London Richard Twomey, Sophie Condie (moderator, Shieldpay), Tim Constable (Bates Wells), and Michael Taggart (Omni Bridgeway) discussed how modernising payment flows can reduce risk, increase compliance and unlock new commercial models in litigation, e.g., the recent steer from the CJC on PACCAR.
Construction Disputes – It's not all work, work, work
On 6 June 2025, the panel was co-hosted by SOCOTEC Advisory, Gatehouse Chambers, DWF and Simmons & Simmons. DWF partner and head of UK construction disputes Yolanda Walker spoke to David Smith (moderator, SOCOTEC Advisory), Caroline Hudson (SOCOTEC Advisory), Graham Smith (Aurora), Ebony Alleyne (Gatehouse Chambers) and Caroline Turner-Inskip (Simmons & Simmons) about mental health, well-being and work-life balance in a working environment.
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