Dispute Resolution in Africa

Angola Botswana Congo (DRC) Côte d’Ivoire Egypt Egypt/Israel Gabon Ghana GuineaKenya Liberia Malawi Mali Morocco Mozambique Nigeria Rwanda SenegalSouth Africa Tanzania Zambia Zimbabwe 

Angola

Acting for a state entity to recover US$50m through English court proceedings.

Acting for a global mining company in relation to its shareholder structure, government connections and remediation.

Acting for the owner of the Moropule B coal fired power station in Botswana in relation to numerous disputes with its Korean EPC Contractor in relation to major refurbishment works to the project.

Advising an LSE and NASDAQ listed gold mining company in relation to the insolvency of its underground mine development contractor at its mining operation in the Democratic Republic of the Congo.

Acting for a global mining company in relation to its shareholder structure and government connections and subsequent exit from the market.

Advising the Chinese owner of a potash mine in the Republic of Congo in relation to a potential US$76m ICC arbitration with a major Swiss fertiliser trading company in relation to the termination of two bespoke off-take agreements.

Representing a listed company and its local subsidiaries on a multi-jurisdiction legal claim and US$30m dispute against its contractor before the courts of Côte d’Ivoire (Abidjan Commercial Tribunal and Court of appeal) and Burkina Faso (Ouagadougou Commercial Tribunal, Court of appeal and Supreme Court) and the Ohada Common Court of Justice and Arbitration (CCJA in Abidjan).

Advising a mining group in relation to potential corruption exposure subsequent to a transaction in Burkina Faso and Côte d’Ivoire.

Acting for an independent in a multi-million dollar ICC arbitration relating to a shareholder dispute for an Egyptian oil and gas project. There are parallel proceedings in the Cayman Islands and a jurisdiction challenge in the ICC proceedings.

Successfully advised and represented the Israeli state national electric corporation in ICC arbitration obtaining a landmark award of over US$1.7bn against Egyptian state upstream oil and gas companies, also successfully defended on an appeal determined in March 2017 in the Swiss Supreme Court. This is one of the largest gas disputes in the history of the region, and is amongst the most high-profile disputes associated with the Arab Spring of 2011.

Advising a French utility on a LNG supply dispute with a group of sellers (which includes state owned entities) for long-term failure to supply LNG and related downstream force majeure claims.

Representing an insurance company before the criminal court of Libreville, Gabon, against allegations of breach of insurance regulations.

Acting for an oil major in a US$50m+ LCIA arbitration relating to a post completion M&A dispute for alleged breaches of warranties.

Representing an oil and gas exploration company in relation to a dispute concerning exploration activities off shore of West Africa and involving a claim of force majeure and a potential state v state boundary dispute.

Defending an international bank in the Republic of Guinea in a claim alleging conspiracy to defraud the claimants into making payments to the Central Bank for gold they did not receive. This high value dispute raises complex, cross border issues relating to the role of intermediary banks in the global payment system and transactions with state entities.

Acting for a mining group with a joint venture in Guinea to put in place a compliance programme.

Acting for a global insurer in relation to an investigation into one of its joint ventures and subsequent reporting requirements. Advised with Hamilton, Harrison & Matthews.

Successfully represented a dual listed gold mining company and its subsidiary in a US$20m+ London seated arbitration claim brought against it by its earthworks and civils contractor in connection with a gold mine in West Africa. The mine owner was also awarded a substantial counterclaim and its legal costs.

Advising the Canadian developer of a Liberian gold mining project in relation to the suspension of operations by its civil works contractor following the outbreak of the Ebola epidemic in Liberia.

Acting for a project and its investors defending a US$70m ICC arbitration brought by a Chinese contractor following the termination of contracts for the construction and operation of a PV solar plant in the Salima district of Malawi.

Advising an LSE and NASDAQ listed gold mining company in relation to its transition from contractor mining to owner mining at two mines in Mali and in relation to the resolution of a number of disputes arising in the course of that transition.

Advising a listed mining company in relation to a dispute with an African government regarding unfavourable tax treatment and possible investor/state claims and related defamation proceedings before the English courts.

Advising Malian and English owners in relation to the restructuring and termination of mine construction and operation contracts and the resolution of related claims by Belgian and Australian contractors in relation to gold mines in Mali and the Democratic Republic of the Congo.

Securing a multi-million US+ victory in an ICC arbitration for two subsidiaries of a prominent Moroccan real estate developer. The dispute related to a failed real estate project in Morocco with a Bahraini investor. We obtained compensation for loss of profits, damage to reputation, unpaid invoices and guarantees. We also successfully fought off a US$40m counterclaim.

Following whistleblower reports, conducting a sensitive money laundering related investigation for a financial institution referring to local and international regulators. 

Advising on an investigation into a former country CEO following allegations the individual facilitated improper payments to government officials.

Acting for a European oilfield engineering company in long running Nigerian court proceedings for non-payment of commission payments relating to the Escravos-Lagos pipeline. Proceedings before the Supreme Court are currently pending.

Advising a private equity company on an investigation into the founder of the investee company resulting in litigation, regulatory action and ultimately an exit and settlement.

Advising lenders, international investors and states on dispute resolution mechanisms for major infrastructure projects and foreign direct investments across Africa, including oil and gas and renewable energy projects, road, rail and ports, mining and telecommunications.

Acting for a western investment group in relation to an expropriation claim against the Government of an East-African nation relating to alleged interference and the indirect expropriation of significant mining assets.

Senegal

Advising a Senegalese mining project company in relation to the settlement of numerous disputes with construction contractors under an EPCM procurement framework relating to the development of a mineral sands mining facility in Senegal.

Acting for the owner of a mineral sands dredge mining project on the Atlantic coast of Senegal in relation to various disputes concerning the construction and commissioning of the dredging barge and ore processing facilities for the project.

Reviewing multiple court and arbitral claims in individual jurisdictions brought against a high-net worth individual and preparing an independent report for use in connection with his ongoing engagements with financial institutions.

Conducting a large money-laundering investigation for a bank involving extensive engagement with authorities in various jurisdictions throughout the investigation.

Advising a major mine finance investment company in relation to a dispute with an AIM listed gold mining company concerning the ownership of various prospecting licences in the Lupa goldfields in Tanzania arising out of out of the sale of a Tanzanian gold mining company.

Acting for a London-based Private Equity investor in High Court litigation concerning claims for misrepresentation and breach of warranty in relation to the purchase of a Tanzanian gold mining company and related exploration licences.

Advising international clients on issues connected with major changes of the legislation in Tanzania. This involved assessment of local remedies, international arbitration and investment treaty (BIT) claims.

Representing Vedanta in relation to disputes arising out of its interest in Konkola Copper Mines, including arbitration.

Representing a European company in an ICC arbitration seated in London against an African state regarding the failure of a lottery concession and related investments.

Zimbabwe

Advising a Zimbabwean entity on a contractual/shareholder dispute and claim monies transferred pursuant to a fraud and potential English court injunctions.