Renégociation des contrats : Amadou Aly Kane appelle à la prudence et au réalisme
The renegotiation of contracts initiated by the Senegalese government with multinationals is at the heart of the debate. A guest on iRadio's "Sunday Jury ," lawyer and human rights advocate Amadou Aly Kane highlighted the room for maneuver available, while warning the government of the risks of a poorly negotiated showdown.
"Contract renegotiation is possible, but it requires a delicate balance between law, diplomacy, and strategy. The government must prioritize dialogue and compromise to defend the country's interests without exposing itself to costly international procedures," he said.
According to him, the revision of a contract depends above all on the will of both parties. "Renegotiation is possible if it is done amicably. It can also be provided for by a clause that authorizes a revision in the event of a fundamental change in economic circumstances," he explains.
Even without an explicit clause, some legal experts believe that a change in the initial conditions justifies a resumption of discussions. Finally, the discovery of irregularities—forgery, corruption, illegal practices—can also justify a challenge to the contract.
However, Mr. Kane warns about the weight of multinationals and arbitration. "These companies have invested colossal sums, they surround themselves with battalions of lawyers and lock their contracts with arbitration clauses. In the event of a dispute, they refer the matter to bodies such as the World Bank's International Centre for Dispute Settlement, which can be costly for the State." Some companies go even further by taking out international insurance policies that allow them to obtain compensation, then leaving the State to negotiate with insurers.
For the lawyer, the success of a renegotiation therefore depends on the strategy adopted. "The government cannot unilaterally impose its will. It can discuss, negotiate, and find a compromise. Everything will depend on how it conducts the matter."
Maitre Kane thus calls for a combination of legal realism and economic pragmatism, in order to obtain adjustments favorable to Senegal without entering into costly conflicts.
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