As African governments seek greater state participation, higher local content and a larger share of resource revenues, the terms governing oil and gas investments are changing across the continent. Since 2014, 31 African countries have reformed their mining and petroleum codes, creating new commercial and regulatory considerations for international investors. The resulting environment is placing greater emphasis on how upstream agreements anticipate regulatory change, protect investments and resolve disputes when commercial assumptions shift.
African Energy Week (AEW) 2026, taking place October 12–16 in Cape Town, will bring this issue into focus through a dedicated session at the Upstream E&P Forum: Resource Nationalism, ESG and Investor Protection: The New Frontier of Oil and Gas Arbitration in Africa. Sponsored by Africa-focused legal and advisory firm CLG, the panel will bring together operators, investors, legal practitioners and government representatives to examine how commercial agreements can be structured to manage disputes before they escalate.
Nigeria provides a clear example of how the legal architecture around upstream investment is evolving. The Petroleum Industry Act, enacted in 2021, overhauled the country’s petroleum fiscal and regulatory framework, changing the terms governing production-sharing contracts, joint ventures and other upstream arrangements. Nigeria has also strengthened its dispute-resolution framework through the Arbitration and Mediation Act of 2023, while the Nigerian Upstream Petroleum Regulatory Commission has promoted an Alternative Dispute Resolution Center designed to provide a sector-specific mechanism for resolving upstream disputes.
Senegal illustrates another dimension of the challenge. Following first oil at the Sangomar field in 2024 and a rapid production ramp-up, the government established a commission to review existing oil and gas contracts with operators including Woodside and bp. While governments retain the sovereign right to review their resource agreements, such processes can alter the commercial assumptions underpinning investments and raise questions around stabilization provisions, production-sharing terms and other contractual protections.
Across parts of West Africa, political transitions, security disruptions and changes to mining and petroleum legislation are adding further uncertainty for investors. At the same time, geopolitical shocks and shifting global energy policies are testing agreements that were negotiated under very different market conditions. For companies committing billions of dollars to long-life upstream projects, the ability to anticipate and manage those changes has become an increasingly important component of investment decisions.
Arbitration remains a central tool. A review by Nigerian law firm OAL found that by 2025, most cross-border oil, gas and power agreements in Africa expressly identified arbitration as the preferred dispute-resolution mechanism. At AEW 2026, the Upstream E&P Forum panel will examine why arbitration continues to dominate cross-border energy contracts and how bilateral investment treaties, domestic legislation, ESG obligations and changing regulatory requirements interact when disputes arise.
“You cannot do a deal in Africa today without thinking seriously about how you would resolve a dispute if the terms change. We’re increasingly seeing arbitration planning as part of the commercial conversation from the start, and rightly so,” said NJ Ayuk, Executive Chairman of the African Energy Chamber. “That commercial focus is central to AEW 2026, which brings governments, investors, operators and legal experts together to address the practical conditions required to unlock the continent’s next wave of energy investment.
The Resource Nationalism, ESG and Investor Protection session will examine the intersection of contractual protections, regulatory change, political risk and the technical complexities of energy projects, giving investors and governments a practical forum to consider how stronger dispute-resolution frameworks can support Africa’s next generation of oil and gas investment.
