Overview:

Dispute resolution in Africa requires an in depth understanding both of the law as well as the practical issues involved.  International arbitration is increasingly preferred as an alternative to the courts with arbitration centres developing in Nigeria, Egypt, South Africa and East Africa (mainly Rwanda).  The recognition and enforcement of foreign judgments in African countries is increasingly important as African states adopt the UNCITRAL Model Law on International Arbitration and accede to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 

Dispute resolution involves, by its nature, a confrontation and there are usually two sides to every case.  Our specialist lawyers focus on detail and think tactically to achieve the best result for our clients.  They have vast knowledge and experience in all aspects of dispute resolution including .

  • arbitration including international arbitration
  • alternative dispute resolution including mediation
  • insolvency, tax and intellectual property litigation
  • general litigation including urgent applications and trial proceedings

Recent Matters:

Angola: Enforcement of mortgage loan agreement on behalf of a Chinese bank.

Botswana: Advised Debswana Diamond Co on an arbitration claim arising from alleged negligence in EPCM Contract for construction of diamond acid cleaning plant.

DRC: Advised an African government against an oil company before an arbitral tribunal of the CCI in Paris regarding incompetence, the inadmissibility and the non-arbitrability of the dispute.

Ghana: Representing a foreign mining company in an arbitration with amining services company involving a claim of USD 97 million.

Guinea: Legal counsel to a consortium of an Insurance companies in relation to a subrogated recovery claim against cola’s subcontractor for causing or contributing to the cause of a landslip, and the losses which have been incurred as result.

Kenya: Defending an arbitral award in the High Court valued USD 23 million.

Morocco: Represented Daewoo Engineering and Construction Co in three disputes: (i) a commercial litigation against Rohrer Maghreb SARL, (ii) a commercial litigation against Banque Centrale Populaire, and (iii) the enforcement procedure (exequatur) of a judgement rendered in the UK against BMCE Bank.

Nigeria: Counsel to the Claimant, a joint stock company incorporated in the United Arab Emirates(UAE) in the recovery of debt. Judgment was delivered in favour of the Claimant at the High Court in the sum of USD 3.3 million.

South Africa: Represented the National Energy Regulator of South Africa (NERSA) in review proceedings instituted by various major companies termed “Gas Users Group” against a decision of NERSA determining the maximum price that Sasol Limited, the sole supplier of Gas in South Africa, could charge its customers. This was the first case under the new Gas Act, following a period where Gas was regulated through an agreement between the government of Mozambique and South Africa. The Supreme Court of Appeals reversed the decision of the High Court.

Tanzania: Involved in a dispute in foreign Courts on power purchasing agreement, dispute value USD 450M.

Uganda: Successfully handled a matter where it was confirmed that telecom masts are not immovable property within the meaning of the law and therefore are not subject to payment of property tax thereunder. Deal value was USD 79 Million.

Zambia: Successfully represented and defended African Alliance Pioneer Master Fund (“African Alliance”) as respondent in a highly complex arbitration claim, brought by Vehicle Finance Limited. Vehicle Finance Limited sought more than USD 32 million in damages. The claim arose from alleged breaches of contract by African Alliance.

Zimbabwe: Contesting claims based on letters of credit and related facility documents.