项目供资是世界银行10亿美元电池存储投资方案的一部分项目第一阶段期间,非洲开发银行将与世界银行合作提供贷款。第二阶段期间,欧洲DFIs将提供更多资金。
Eskom开发BES规范、获取网站和项目第一阶段安全环境调控批准,到2020年12月应实现200兆瓦分布式电池存储第二阶段将包括160兆瓦分布式电池存储系统以及资产性能管理系统项目第二阶段一年后完成 。
标书覆盖BESS的建设、运营和管理以及为操作点提供安全Eskom期望中标者验证Eskom技术研究并提供电池厂详细设计。此外,Eskom期望中标者满足雄心工程最后期限,管理项目生成的危险材料并提供20年产品和性能保证。最后,标书期望第一阶段采购至少20%本地内容需求,包括分包给本地供应商和本地工人技能开发程序。
Hence the potential significance of distributed generation. By day, a home battery can be charged on renewable sources!by night, it will continue to provide power despite the setting sun or calming winds. Most manufacturers of decentralized storage appear to provide scalable batteries—one battery could power a home or small business, and many batteries could power a town. Home battery costs have decreased 14% since 2007, as many manufacturers currently list their home batteries at around $3,000. Moreover, costs to consumers will likely continue declining because of the many manufacturers competing in the marketplace and Tesla's promise to place its home battery specifications in the public domain.
When Tesla CEO Elon Musk unveiled his company's home battery on April 30, 2015, he noted its potential value for Africa. The alternative—installing and upgrading traditional grid infrastructure on the continent—is highly expensive. For instance, South Africa's government-owned utility company estimated it would cost $22 billion to improve the grid enough to meet current demand. Decentralized energy storage that is affordable will increase the feasibility of on-site energy generation and reduce the need for a fully-developed transmission grid.Analysts project the market for microgrids reaching $20 billion in 2020, and on-site generation of solar power becoming comparable to or cheaper than grid-supplied power. Just like how cell phones enabled access to the internet and microfinancing, distributed generation and on-site storage could light up homes, increase technological innovation, and change the look of the African economy.
Whether a home battery built by Tesla, General Electric, Samsung, LG Chem, or another company becomes the premiere energy storage solution in Africa, distributed generation has the potential to revolutionize electricity and power throughout the continent.
Calvin Cohen is a summer associate in Covington's Washington D.C.Vanderbilt大学法学院办公和学生
小背景有序时任央行行长Lamido Sanusi指控NNPC没有向尼日利亚国库汇出数以百亿计石油收入-尼日利亚宏观经济稳定极需收入President Jonathan brushed off the claims and rapidly sacked Sanusi.并引导国家渡过2009年银行危机,政府在2014年6月委托PwC对国营石油公司进行法证审核PwC于2015年2月提交最后报告,但Jonathan政府迄今选择不公布报告,只发布一页摘要石油部长Diezani Allison-Maduekwe表示报告不会发布以免选举政治化Muhammadu Buhari少将在三月底亲手击败现任总统,下任总统布哈里上星期表示政府上台时会公开报告后, Jonathan总统于4月27日放行并发布全面审核单
PwC无法存取数据并无法对人进行全面审核,因此会计事务所异乎寻常地警告说,它无法保证报告可靠性,因为报告没有按照公认审计标准进行,不能依赖报告可靠性总体而言,PwC的主要结论与Sanusi至少严重管理不善的指控一致。审核发现NNPC至少欠国库14.8亿美元,警告说NNPC操作不可持续并需要紧急修复2012年1月至2013年7月审计期间,近一半石油收益用于NNPC运营成本和煤油和石油补贴后几类补贴名义上虽然对穷人有利,但长期以来一直被视为/p>WhilePwC报告证明对乔纳森总统政府具有政治毒药作用-最近与财政部长
This decision has been highly criticised by the Nigerian arbitration community, as it appears to have no basis in Nigeria's Arbitration and Conciliation Act 2004 ("ACA"). This decision may undermine many of the positive steps taken by Nigeria in recent years to establish itself as one of the more arbitration-friendly jurisdictions in Africa.
Statoil and Texaco, the appellants in Statoil, were one of several oil consortia to have initiated arbitration proceedings against the Nigerian National Petroleum Corporation ("NNPC"). These arbitrations concerned the payment of "petroleum tax" on oil lifted under production sharing contracts ("PSC") dating back to 1993. Initially, the NNPC had obtained a court injunction against the arbitration proceedings on the grounds that tax disputes were not arbitrable under Nigerian law. However, the injunction was subsequently overturned by the Lagos Court of Appeal[1] in July 2013.
As a further attempt to frustrate the arbitration, the Federal Inland Revenue Service ("FIRS") applied to the courts to challenge the validity of the arbitration agreement between Statoil, Texaco and the NNPC. Counsel for the FIRS argued that the purpose of the arbitration was to avoid the proper computation of taxes accruable to its account, stating that:
"[t]he whole game ...was to exclude the [FIRS] from the clandestine arrangement in the Arbitration Tribunal so that in the event the award is made, as it is evident that the tribunal is rail-roaded and programmed for that purpose, the [FIRS] as the Central and component part of the Government of the Federation, will be compelled to disgorge revenues already and severally collected, and allocated, which will form part of the awards to be eventually made by the Arbitral Tribunal."
The Abuja Court of Appeal agreed and confirmed that FIRS had locus standi to make such a challenge, despite the fact that it was not party to the agreement itself. In its decision, the Court of Appeal noted that if the claimants were successful with their claim, the FIRS would lose tax revenue and therefore would be affected by the outcome of the arbitration. With this in mind, Tine Tur J of the Abuja Court of Appeal stated:
"[i]f a party to an arbitral agreement can challenge the jurisdiction of the Arbitration Tribunal, or that the arbitral agreement was ab initio, null and void, what about a person or authority, such as the [FIRS], who was not a party to the agreement but complains ...that the proceedings or subsequent award by an arbitral tribunal constitute an infringement of some provisions of the Constitution or the laws of the land or impede her constitutional and statutory functions or powers? Would the person be debarred from seeking declaratory remedies, or by originating summons? I do not think so. Where there is a proved wrong, there has to be a remedy."
Neither the ACA nor any other Nigerian statute suggests that the courts have the power to allow third parties to challenge the validity of an arbitration agreement or the jurisdiction of the tribunal. Indeed, the decision appears to contradict Section 34 ACA, which provides that "a Court shall not intervene [in arbitral proceedings] in any matter governed by this Act except where so provided in this Act." While the reasoning in the judgment is difficult to follow, it appears that Tine Tur J, on identifying a perceived wrong, considered it necessary to remedy such a wrong, regardless of whether or not statute allows for such a remedy.
The court issued its decision despite the fact that the arbitration was still pending.In the words of Tine Tur J :
"I am of the humble opinion that it will be in the best interest of the [FIRS] not to wait or stand by for the Arbitration Tribunal to complete the proceedings and make an award. [The FIRS] has the locus standing to act timeously to arrest the situation by a declaratory action or originating summons in a Court of Law. Where the claim succeeds, the Court may make a declaration that the arbitral agreement was void ab initio or that the Arbitral Tribunal lacked the jurisdiction to have entertained the dispute on grounds of constitutional or statutory illegality etc."
The decision is particularly damaging to international arbitration in Nigeria, as it conflicts with two arbitration-friendly Nigerian Court of Appeal decisions from July 2013[2] and February 2014[3].These decisions had upheld the principle of non-intervention as set out in Section 34 ACA. In these decisions the Court of Appeal had overturned injunctions seeking to restrain arbitral proceedings, relying on Section 34 ACA and holding that the courts had no power under the ACA to restrain arbitral proceedings with an ex-parte injunction. Such conflicting decisions create an unpredictable environment for arbitration.
Despite the recent decision of Statoil, Nigeria has taken positive steps to establish a suitable legal framework for international arbitration. The ACA, enacted in 2004, is based on the UNCITRAL Model Law and the Lagos Court of Appeal has confirmed that foreign arbitral awards will be enforced directly in Nigeria under Section 51(1) ACA and the New York Convention.[4]
However, the decision in Statoil, which appears to have been based on the whims of the judge in question rather than the applicable arbitration law, shows that arbitration in Nigeria remains unpredictable. Therefore, parties looking to invest in Nigeria should be aware of these risks when negotiating the dispute resolution clauses of their agreements.
[1] The Nigerian Court of Appeal has 16 regional divisions, each with equal authority. The Abuja Court of Appeal and Lagos Court of Appeal are two of these regional divisions.
[2] Statoil (Nigeria) Ltd & Anor v.尼日利亚国家石油公司 & 2 Others ( 2014NWLR(Part 1373)1),2013年7月12日由拉各斯分院上诉法院裁决。
On the margins of the conference, other institutions in DC convened panels of experts to examine a few specific issues, including ideas for accelerating the development of the Rift Valley's prodigious, and environment-friendly, geothermal resources. Studies have shown that the Rift Valley has the potential to generate between 15,000 and 20,000 MWs. And with countries such as Kenya and Tanzania struggling to keep 2,000 or so megawatts on line and operational, it is a very reliable base-load resource.
So, what's keeping a relatively cheap, reliable, and clean resource from being converted into power?简言之,风险很多,资本通常避免风险。 行业操作者将“钻探风险”确定为地热开发的主要抑制物。 耗资相当高,耗资六千万元-万万元/水井,而上头必须同时有良好的研究并有位“Steam神圣者 ” 寻找完美资源。Recent improvements in technology have actually reduced the risk. Geo-physics studies have become more precise in locating the resource, while multi-directional drilling has become a game-changer. A recent World Bank report concluded that the success rate in drilling has climbed to 80%.
Even with these improvements, a 20% risk can still be too high. To mitigate risk further, donors, industry, and government have developed several "de-risking" tools, which so far haven't proved to be as effective as hoped. Munich Re offers a commercial, and costly, insurance product for drilling. Some countries are considering to take on the drilling risk themselves. Kenya, for example, has created the Geothermal Development Corporation (GDC), whose mandate is to develop geothermal sites, drill wells, and bid concessions. Other countries are considering a similar model in hopes of attracting capital. On the donor side, Germany's KfW created a "Geothermal Risk Mitigation Facility" that is housed within the African Union, and the AfDB hosts a number of instruments and funds under its Sustainable Energy Fund for Africa. Iceland, Germany, the UK, the US, among others, also have their own important programs, but each has its own unique set of criteria for applicants. Simply put, though intentions are good, the instruments are too restrictive in their use and too diffuse, spreading across a multitude of organizations.To make a project bankable, a developer will often have to use several of these tools, and that means timing and sequencing of their application are critical factors in successfully closing projects. The (up-to) 1,000 MW Corbetti project in Ethiopia provides a useful example of artful deployment of many tools on the part of lead developer Reykjavik Geothermal, but it has taken many years to get to this point.
As industry examines the best means of accelerating project development and, more important, the actual delivery of power, below are several recommendations for consideration:
(1) Develop a geothermal resource center that is on every donor's and industry association's website. The resource center would ideally list all the geothermal projects in the Rift Valley in operation, those that are being developed, and ones likely to come up for bid. It would contain (non-propriety) information on each project, the project costs and terms, and further help prospective developers by identifying de-risking tools (commercial and donor-supplied), how and when to apply for them, and potential financing options.
(2) The donors should consolidate their funds and de-risking mechanisms wherever possible, and identify one single donor to lead and coordinate. The logical choice for leading the donors is the African Development Bank (AfDB). With its very strong regional office in Nairobi, technical expertise, and a number of instruments to support geothermal development, the AfDB as the development bank for the continent is by far best positioned to triangulate the interests of developers, financiers, and host governments.
(3) On consolidation, the industry should look hard into whether the Geothermal Risk Mitigation Facility (GRMF) should continue to reside within the African Union Commission in Addis Ababa. The AU is largely a political and policy-making institution. Maintaining a facility that supports commercial interests under its control is affecting implementation. For example, when decisions on how Round I funding would be allocated, staff suggested funds should be "fairly distributed" among the countries and not based on project merits. The political lens should be removed from this facility.
The GRMF is a good concept – actually a very good one. Effective execution has been lacking, however. The AfDB is better suited to run this important de-risking program and make it more timely in evaluating projects on a rolling basis, and allocating funds based on data-driven, technical decisions.
(4) Project developers, equipment suppliers, and EPC (engineering, procurement, and construction) contractors should form partnerships and alliances early on in the process to broaden the range of equity partners in order to cover early project development costs.
The Rift Valley presents exciting opportunities for renewable energy projects that will help the countries of East Africa fill its severe electricity deficit. Millions of Africans could have reliable, relatively cheap power if the tools to attract investment were sharpened.
确保面向非洲交易和投资投资阶段清晰周全的仲裁协议应鼓励有效仲裁程序,如果争议解决后阶段证明有必要的话。
i仲裁协议内容一般需要基于每项特定投资或交易的分析,以及当事方对所期望的争端解决机制的要求。起草仲裁协议时,投资者必须仔细考虑后来可能影响任何仲裁程序成功的各种因素,包括选择机构仲裁或特设仲裁以及仲裁的所在地和地点。
/p如果机构仲裁优先选用,则各方有多机构从中选择多方仍然选择长期常设机构,如ICC近数十年来建立了若干区域机构,如撒哈拉以南非洲仲裁中心,包括南部非洲仲裁基金会(AFSA)、伦敦国际仲裁院和毛里求斯国际仲裁中心(LCIA-MIAC)以及普通法院和仲裁中心(CCJA)。中心仿照迪拜高成功DIFCLCIA仲裁中心建立,设在毛里求斯,处于非洲境外金融企业核心LCIA-MIAC框架是创新型框架,原因不在于常设仲裁法院(海牙)而不是国家法院是该机构的默认指定机构,而常设仲裁院在LCIA-MIAC有常驻代表。日期尚早,但LCIA-MIAC预计将成为非洲相关争议首选仲裁中心事务和投资与非洲相关时,各方可选择将仲裁置于非洲国家中心或相关非洲管辖范围外。
选择仲裁座次时,必须考虑一国的国内法有些国家的国内仲裁法基于或包括贸易法委员会“模范法”,另一些国家则通过了自己的仲裁规约,其中一些几乎不提及仲裁庭的一般权限。投资人应谨慎行事,不要置仲裁权于仲裁法未解决或含混状态中。
地点可以是仲裁所在地的替代地点,有可能为参与程序者节省时间和费用,同时允许当事各方商定仲裁地点,为当事方提供最有吸引力程序优异条件。执行阶段
撒哈拉以南非洲像其他区域一样执法成功取决于特定国家法院的做法。
在一个已批准《承认及执行仲裁裁决纽约公约》(《纽约公约》)的国家执行仲裁裁决从理论上讲应相对简单易行。纽约公约是一个支持执行机制,根据该机制,除有限情形外,缔约国必须承认和执行外国仲裁裁决。近些年来,一些新的撒哈拉以南非洲国家加入了《纽约公约》。举例说,布隆迪今年初成为/p>While国家法院有时展示支持仲裁方法执行裁决,案例法前后不一,复杂因素组合影响执法是否有效。Covington发布单行指南“ahrf='''http://www.africanlawbusiness.com/news/4760-test>>>/a>.Government-sponsored Initiatives. On June 30, 2013 in Cape Town, South Africa, President Obama announced Power Africa — an initiative to unlock the substantial wind, solar, hydropower, natural gas, and geothermal resources in the region and enhance energy security, decrease poverty, and advance economic growth. This initiative seeks to leverage U.S.strengths in energy technology, private sector engagement, and policy and regulatory reform, and the resources of the World Bank, the African Development Bank, African governments, and the private sector to add clean, efficient energy generation capacity in six focus countries — Ethiopia, Ghana, Kenya, Liberia, Nigeria, and Tanzania. As discussed in our blog post of August 8, 2014, the White House announced in August a significant expansion of Power Africa to achieve a goal of 30,000 MW of additional capacity to reach 60 million households and businesses across the continent, and $6 billion in new private sector commitments from investors such as Citigroup, Standard Bank and Standard Chartered Bank. The Government of South Africa has also launched its own Renewable Energy Independent Power Producer Procurement Program (REIPPPP) to help South Africa achieve its energy generation goals and contribute to socio-economic and environmentally sustainable growth. This program offers government contracts to independent power producers for the development of specified renewable energy resources.
New Private Sector Investments. In addition to government programs, private investors are making new investments in the region, particularly in the off-grid solar sector. For example, SolarCity has joined up with venture firms Vulcan Capital and Omidyar Network to invest $7 million into Off-Grid Electric, a Tanzania-based company providing solar lighting services in Africa. Similarly, Bloomberg Philanthropies recently announced that it is offering $5 million in low-interest loans to Little Sun, a social enterprise which will help bring solar energy to off-grid Sub-Saharan Africa with low-cost solar lamps, which will replace lamps using kerosene. Even Google is getting on the renewable energy bandwagon in Africa, investing $12 million in the $260 million Jasper Power Project, a 96-megawatt (MW) solar photovoltaic (PV) facility to be built near Kimberley in South Africa's Northern Cape Province.
Benefits for the local economy. In addition to the benefit of developing an environmentally friendly source of electricity, these projects stand to provide valuable employment opportunities in the local economy. Indeed, the Jasper Power Project is expected to create approximately 300 construction and 50 permanent jobs in a region experiencing high rates of unemployment, as well as providing rural development and education programs by setting aside a portion of total project revenues for enterprise and socioeconomic development. Similarly, the U.K.'s Blue Energy, which is building what is expected to be Africa's largest PV power plant in Ghana, expects that the project will employ 500 local construction staff and a further 200 local people for continued operation and maintenance. Some estimate that another 2,700 indirect jobs would be created from related construction and operations activities.
Although these projects and investments are in their early stages, there is great potential for Africa to improve its citizens' access to electricity through these investments in renewable energy technology.
The week began with the White House announcing a significant expansion of Power Africa to a goal of 30,000 MW of additional capacity to reach 60 million households and businesses across the continent. The accompanying pledge of an additional $300 million per year (to add to the already committed $7 billion over 5 years) is complemented by the Millennium Challenge Corporation's signing of a $498 million Power Compactwith Ghana. These pledges from the U.S.swedens-cower-Africasaharan-Africa新私营部门承付款60亿美元 ,使PowerAfrica下私营部门承付款总额达到200多亿美元。and foreign companies including Citigroup ($2.5 billion) and Standard Bank (whose current commitment is $1 billion but is looking to commit an additional $2 billion), Standard Chartered Bank (who raised its original $2 billion commitment to $5 billion). According to GE CEO Jeffrey Immelt — whose company also is invested in Power Africa — "the administration's involvement has accelerated the pace of deals on the continent because it provides ‘a seal of approval' that reassures investors." There also are additional electrification efforts underway such as the $5 billion commitment to the continent's energy infrastructure that the Dangote Group has made in partnership with the Blackstone Group and Carlyle.