The Parties involved in a dispute related to the Cameroon Nachtigal Hydropower Project and the Hydropower Development on the Sanaga River Technical Assistance Project have reached a mutually satisfactory agreement within the stipulated period, and on May 30, 2024, signed a Dispute Resolution Agreement. The parties have chosen to keep their Agreement confidential, and at their request, the Accountability Mechanism Dispute Resolution Service will monitor the implementation of the Agreement.
Under the Inspection Panel and Accountability Mechanism Resolutions, following Board approval of the Panel’s recommendation to investigate on October 19, 2022, the Accountability Mechanism Secretary offered the opportunity for dispute resolution to the Requesters and the Borrower (the Parties). On December 1, 2022, the AMS reported to the Board, the Inspection Panel, and Bank Management that the Parties had voluntarily agreed to engage in dispute resolution. The Panel thus held its compliance process in abeyance until conclusion of the dispute resolution process in accordance with the Inspection Panel and Accountability Mechanism Resolutions.
The Requesters also submitted formal complaints to the independent accountability mechanisms of the African Development Bank—the International Recourse Mechanism (IRM)—on June 21, 2022 and the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA)—the Compliance Advisor Ombudsman (CAO)—on April 19, 2022. After consultations with the Parties, the three mechanisms involved—AM, CAO and IRM—agreed to co-manage a single dispute resolution process between the Parties. To that end, after extensive deliberation on a coordinated process, on April 13, 2023, the AM Secretary signed a Memorandum of Understanding with the other mechanisms outlining the scope and principles of the collaboration.
Pursuant to Paragraph 12(g) of the AM Resolution, on November 30, 2023, the AM Secretary informed the Executive Directors, the Inspection Panel and Bank Management that with the agreement of both Parties, and recognizing the Parties’ commitment and progress, the AM Secretary extended the dispute resolution process, for an additional period of up to six months, with a final deadline on May 31, 2024.
On May 30, 2024, the Parties reached agreement within the stipulated period and signed a Dispute Resolution Agreement. The signatories have stated that the agreement is reached in full and final settlement of their dispute, and they have chosen to keep the Agreement and the details of the settlement confidential. The Parties have requested the three accountability mechanisms, including AM DRS, to monitor the implementation of the Agreement.
Case No. 22/03/DRS
