Electricity is the source of all possibilities in the modern world. It illuminates our lives and fuels progress. Electricity is essential to virtually every aspect of our ever more dynamic and interconnected universe.
However, due to its transformative nature, electrical projects are not free of risks. The law of 2011/022 of December 14, 2011 governing the electricity sector in Cameroon in its article 86 recognizes the competence of ARSEL in the settlement of disputes that may arise between parties operating within the electricity sector. This item features : “The Electricity Sector Regulatory Agency may be seized as an arbitration body by any operator, for the purpose of settling disputes between operators. The procedures for settling disputes between operators are defined by the Electricity Sector Regulatory Agency, in accordance with the provisions of the Uniform Act relating to arbitration law.“
In addition, the creation of the National Electricity Transport Company (SONATREL), the presence of an incumbent operator (ENEO) and the access of third parties to the network demonstrate a certain liberalization of the electricity market in Cameroon.
In addition, the introduction of competition through the opening of certain segments, more precisely the production segment and to some extent the distribution segment. It is a question here for SONATREL of transporting the energy produced by the incumbent operator ENEO, the IPPs and the Major Accounts to then pay it back to ENEO which proceeds to the distribution and the marketing and/or sale of the said energy. Such operation cannot be done without the occurrence of disputes, hence the competence recognized by law for ARSEL in order to remedy them.
However, it should be specified that the organic texts and the contracts between the parties include in their drafting the risks of conflict and the means of resolution. As a result, the Arbitration Center comes to update the skills of ARSEL in the resolution of disputes, because we start from conciliation for a larger instance which is arbitration.