Damages in the Middle East and Africa 2022: Trends from Recent Cases and Some Challenges

29 April 2022
By Dr. Fabrizio Hernández, Timothy McKenna, and Ralph Meghames

The Middle East and Africa (MEA) region is particularly active in international arbitration. Among cases in the region, three main characteristics stand out. First, the majority of cases are linked to large infrastructure-related disputes. Second, among recent cases, investor-state disputes appear to be more frequent than commercial disputes. Third, the most frequent allegations for arbitration are expropriation and breach of contract, including breach of shareholders’ agreements.

Despite some similarities in the issues and sectors affected by the trends mentioned above, from a quantum perspective, each display features that need to be assessed in the specific context in which they arise. As such, a correct understanding of the role of country risk, foreign exchange (FX) rates, and fiscal regimes is key to the proper calculation and discounting of cash flows.

The article is an extract from GAR’s Middle East and Africa Arbitration Review, first published in June 2021 and updated in April 2022. The entire publication is available here