From AI - Part 110 Jan 2023 08:32
Savannah wins arbitration battle after junta blocks Exxon asset takeover
The Chadian authorities, unhappy with the conditions under which the US major ExxonMobil left the country, are preventing Savannah Energy from resuming operations on the Doba oil deposits. Savannah has referred the case to the International Chamber of Commerce in Paris.
Issue dated 10/01/2023 Reading time 2 minutes
The open war between Savannah Energy and the Chadian state intensified late last month. Chad says the British junior announced the takeover of ExxonMobil's shares in the Doba deposits without its agreement, and it has since sought to prevent the company from operating the production sites.
Savannah last month initiated an emergency procedure at the International Chamber of Commerce (ICC) in Paris, which appointed Phillip Landolt of the Geneva law firm Landolt & Koch as arbitrator to rule on the legality of a ruling handed down on 14 December by a Chadian court. That court ruled that the transfer of assets between ExxonMobil and Savannah should be stopped immediately. According to our sources, on 7 January Landolt concluded that this ruling was illegitimate and that any contractual dispute should be resolved at the ICC as stipulated in the contract. A political battle with the Chadian government is now on the cards, as this latest ruling has by no means resolved the situation.
As the emergency procedure only allows for the issuance of opinions and not definitive rulings, no financial penalties can be imposed via this mechanism. Before deciding to refer the case to the ICC, the firm last month proposed a 30-day conciliation period, but the Chadian justice ministry would have none of it.
Chad expels Savannah expats
The arbitration scenario is rooted in the extreme tension prevailing at Komé, the site where Savannah's operational teams went to work after the departure of ExxonMobil executives from the country in early December. Oil minister Djerassem Le Bemadjiel flew to Komé in a private jet on 22 December to inform the Savannah expatriates that they had 48 hours to leave the country (AI, 22/12/22). The six foreigners, including the director of the subsidiary Nicolas de Blanpré, left with the minister for N'Djamena before returning to Europe.
Chad's interim regime has not accepted ExxonMobil's departure and wants to pre-empt its assets. But the main irritant concerning ExxonMobil's deal with Savannah remains the question of its departure bonus, which is not provided for by law. Chad wants $160m, but the US major is offering only $25m (AI, 16/12/22).