French nuclear group Orano has obtained a favourable ruling in one of its disputes with the State of Niger over the operation of the Somaïr uranium mine, located in Arlit. The decision, issued by the International Centre for Settlement of Investment Disputes (ICSID), prohibits Niger from selling or transferring uranium extracted at the contested site without Orano’s consent.
La Société des Mines de l’Aïr (Somaïr) is 63.4% owned by Orano and 36.6% by the Nigerien state-owned mining assets company Société du Patrimoine des Mines du Niger (SOPAMIN), but has been under the control of Nigerien authorities since December 2023, following the coup d’état. Orano accuses the Nigerien state of blocking the commercialisation of its production outside the contractual framework. ICSID ruled on September 23, in case ARB/25/8, in Orano’s favour, finding that its offtake rights had been violated.
Export blockage and prolonged detention
Since the disruption of approved logistical routes, no uranium shipment has left the Arlit site. Orano claims that the State of Niger attempted to appropriate this production despite its joint venture commitments. The group notes that the arbitral tribunal formally prohibited Niamey from transferring or disposing of the existing stocks to third parties.
Alongside this dispute, Orano denounces the detention of its local representative, Ibrahim Courmo, who was arrested in May and remains held despite a release order issued by the Niamey Court of Appeal in July. ICSID called on Nigerien authorities to comply with this national judicial decision.
Ongoing nationalisation and Orano’s legal response
Earlier this year, Niger’s Council of Ministers announced its intention to fully nationalise Somaïr, prompting a series of international legal actions by the French group. Orano stated that it reserves the right to initiate further proceedings, including criminal ones, against any third parties attempting to illegally seize the production.
Founded in 1966 under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, ICSID is one of the leading international dispute resolution bodies. It intervenes at the request of investors or states to resolve conflicts related to international contractual commitments.
