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Guide To: The Enforcement Of Foreign Money Judgments and Arbitral Awards

Preface

Increased globalisation and international trade have resulted in the increasingly common situation where a party succeeds in obtaining a judgment in one country but is compelled to enforce it in another country where the defendant’s assets are located.

Africa is a good example of the latter – day scramble for its assets and investment opportunities has left in its wake the inevitable commercial disputes that follow.

Against this background courts throughout Africa are increasingly seized with applications to recognize and enforce foreign judgments. African courts, moreover, are increasingly seized with applications to enforce foreign arbitral awards as more and more 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, to which 38 African states are party.

The relative ease and speed of enforcement of foreign arbitral awards, facilitated in many instances by the New York Convention, has made international arbitration the preferred method of dispute resolution in cross-border business.

Although many of the requirements for the enforcement of foreign judgments and arbitral awards are common to many African countries, each country has its own unique practices, procedures and pitfalls in the field.

It is with great pleasure that we bring you the third edition of the LEX Africa Guide to the Enforcement of Foreign Money Judgments and Arbitral Awards in Africa, which we trust you will find informative and practical.

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Countries Covered in the guide:

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About LEX Africa

Doing business in Africa is associated with diverse challenges and risks and must accordingly be founded on a strong legal base.

LEX Africa is an alliance of leading law firms with over 600 lawyers in over 25 African countries which was founded in 1993 and was the first legal alliance focussing solely on Africa. Only African law firms join the Alliance subject to strict performance and selection criteria to ensure world class standards of legal practice.

Each member’s key specialist focus is on general, corporate, commercial and regulatory law as well as litigation and dispute resolution.

LEX Africa effectively covers the entire African continent and provides a valuable resource for businessmen and investors in Africa. LEX Africa has a more than 25 year track record of assisting and advising clients on their African business activities. Each member is a full service business law firm with expert knowledge and experience in both local law and the local business, political, cultural and economic environment. LEX Africa accordingly provides a “one stop shop” and Pan African legal team for cross border and domestic African legal solutions to clients wherever they wish to do business in Africa.

Member firms share similar values and commit to the highest professional, ethical and service delivery standards. A lawyer exchange program and specialist LEX Africa practice and industry sector groups have been established.

Our Mission

To collaborate with member firms to drive business growth in Africa through best legal practice by attracting, developing and promoting world-class professional skills for the continuing success of our network and the broader African continent.