Arbitration in regulated sectors and investment

Mining: the contract and the 2026 law

Law No. 7/2026 of 3 June is the new Mining Law. Article 23(2)(g) includes dispute resolution mechanisms among the mining contract’s elements, mentioning conciliation, mediation, expert determination and international arbitration. The provision calls for examination of the contractual clause; it does not automatically submit every sector dispute to a single arbitral forum.

Article 124 repeals Laws Nos. 20/2014 and 15/2022. Analysis of earlier relationships does not end with repeal: Articles 122 and 123 address acquired rights and existing contracts, including the legislation applicable on extension and new contracts after earlier ones expire. The title’s date and status are essential.

Petroleum: agreement, clause and forum

Law No. 8/2026 of 3 June replaced the framework of Laws Nos. 21/2014 and 16/2022. Article 92 prioritises agreement; failing agreement, it provides for arbitration or courts under the concession contract. In the absence of an arbitration clause, it refers disputes to the courts. It also identifies national and international possibilities, subject to their requirements and the contractual choice.

Article 91 preserves rights under earlier contracts but contains qualifications concerning matters including sovereignty, security, regulation, the environment, human rights and the public interest. Amendments, extensions and addenda require attention to the new law. Merely replacing the old statute’s citation is insufficient when interpreting an existing contract.

Electricity: regulation, concessions and evidence

The framework is Law No. 12/2022 of 11 July as amended by Law No. 16/2024 of 3 September. Article 51 distinguishes regulatory disputes from disputes between the State and a concession holder involving foreign direct investment. The former involve ARENE on the statutory terms; the latter follow the arbitration framework in the law and concession title. The same formula should not be applied to every sector dispute.

As amended in 2024, Article 51(4) permits agreement on the arbitral forum and language or languages, with simultaneous interpretation into Portuguese as required by law. Its former wording concerning Maputo and Portuguese should not be presented as the current rule. Paragraph 5 specifically refers to the IBA Rules on Evidence in the version in force when arbitration begins. Here, the IBA reference has a specific statutory basis.

Decree No. 31/2026 of 7 July approved new Electricity Concessions Regulations and repealed Decrees Nos. 8/2000 and 42/2005. Article 31(1)(y) of the regulations includes dispute resolution mechanisms in the contract. Article 108 distinguishes ARENE’s regulatory role, challenges to its decisions and disputes between the concession holder and the competent authority, which are referred to the contractual clause and legislation.

Private investment and consent to arbitration

Law No. 8/2023 of 9 June and Decree No. 8/2024 of 7 March form part of the private investment framework. Article 26 guarantees access to courts, requires written notification of certain disputes and favours amicable or negotiated resolution. Paragraph 4 permits national or international extrajudicial mechanisms, including arbitration, subject to its qualifications for special laws and agreements.

This openness should not be described as universal and unconditional State consent to ICSID arbitration. For a specific claim, the instrument invoked, eligible claimants, covered disputes and preconditions must be identified. Treaty protection may require qualifying nationality and investment and impose requirements different from those of a contractual clause.

Administrative and labour arbitration

Administrative arbitration must be read under Chapter X of Law No. 7/2014 of 28 February and the special legislation governing the relationship. Choosing arbitration neither removes arbitrability limits nor makes every exercise of administrative power a matter the parties may freely dispose of.

In labour matters, the starting point is Law No. 13/2023 of 25 August, its conciliation, mediation and arbitration provisions and the relevant regulations. A constitutional ruling concerning earlier legislation or mandatory mediation should not automatically be transferred to the new law or to arbitration. The provision, procedure and scope of the ruling must be checked.