Resolving cross-border disputes arising on the African continent can be complex.

ENSafrica’s international arbitration team is well placed to assist you in successfully resolving these disputes through alternative dispute resolution mechanisms, including mediation and arbitration and, where necessary, in the local courts.

We have in-depth knowledge of the local business environments in which you operate, as well as the local laws, practices and market players. We also have the unique advantage, as part of Africa’s largest law firm, of being able to harness the expertise and sector-specific knowledge of more than 600 practitioners in various ENSafrica offices on the continent, as well as a network of referral firms in every other African jurisdiction.

While we have assisted clients in resolving disputes in most sectors, we have deep experience in resolving construction and engineering disputes relating to public infrastructure and private sector projects (appearing for both contractors and employers), as well as disputes in sectors such as mining, oil and gas, retail, telecommunications, financial services and shipping.

We employ lawyers qualified to practise on the continent, as well as in English and French law. We also have extensive experience with the legal codes used by the member states of OHADA. Our practitioners are fluent in various African languages, in addition to English, Mandarin, Cantonese, French and Portuguese.

We are well versed in modern arbitral practice and have acted for multi-national and national clients in various ad hoc arbitration proceedings and in major arbitration fora, including the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA), as well as the Singapore International Arbitration Centre (SIAC) and the Belgian Centre for Mediation and Arbitration (CEPANI).

Our practitioners have also appeared in and have good relationships with major African arbitral institutions such as the Arbitration Foundation of Southern Africa (AFSA/ AFSA International), the Kigali International Arbitration Centre (KIAC), the Mauritius Chamber of Commerce and Industry Centre for Arbitration and Mediation (MARC) and the Mauritius International Arbitration Centre (MIAC).

We have established an in-house technology unit, intelligENS, which provides cost-effective offerings for high-volume, document-intensive disputes work, using progressive digital systems and artificial intelligence, including document review, e-discovery and electronic arbitration platforms.

We are therefore able to assist you with all aspects of international arbitration proceedings across all sectors, ensuring that your dispute resolution needs are met quickly and seamlessly, and in line with your strategic, practical and commercial needs.

very strong technical service, tactical and strategic approach to matters
Chambers Global 2018

what we offer

Our international dispute resolution service offering includes:

  • representing clients in all aspects of international arbitrations, whether ad hoc or institutional, in the major arbitral fora internationally and various others on the continent
  • drafting and advising on dispute resolution clauses in commercial agreements
  • advising on the appointment of arbitrators, arbitral fora and arbitration rules
  • attending to applications for interim measures before local courts and arbitrators
  • applying for the recognition and enforcement of foreign arbitral awards
  • executing foreign arbitral awards
  • advising in binding and non-binding mediations
  • acting in cross-border litigation
  • acting as experts on national laws in various jurisdictions and before arbitral tribunals
  • acting as arbitrators to determine disputes
you can always rely on them to deliver
Chambers Global 2018
strengths all across Africa
Chambers Global 2018
they are very responsive to our needs, have a good understanding of intricate underlying issues and are good at formulating the correct strategic approach
Chambers Global 2018

experiENS

REAL ESTATE ARBITRATION
International arbitration between our client, a major African retirement fund, and an investment fund set up to invest in real estate (shopping malls, retail parks and office parks) in Angola, Côte d’Ivoire, Ghana and Nigeria conducted under ICC rules and seated in London.
ENFORCEMENT AND EXECUTION
Enforcement and execution proceedings in Mauritius following an award in an international arbitration held in London in which our client, a vessel owner, was awarded payment of USD70-million by a charterer. Our client is also pursuing enforcement and execution proceedings in India before the Madras High Court.
MOZAMBICAN MINING DISPUTE
International arbitration conducted under the ICC rules and seated in London and advice in respect of potential cross-border litigation involving a major conglomerate and controlling shareholder in a mining company incorporated in Mozambique. This complex multi-jurisdictional dispute is governed by the law of Mozambique and involves lawyers from England, Mauritius, Mozambique, Portugal and South Africa.
ARBITRATION IN MAURITIUS
International arbitration between the claimants (a main contractor and its insurer, our clients) and a sub-contractor and its insurer, concerning a major public infrastructure project conducted under the MARC Rules and seated in Mauritius.
FRANCHISE ARBITRATION IN BOTSWANA
International arbitration seated in Botswana and cross-border litigation in Botswana involving a claim for contractual damages by our client, a multi-national retailer, the cancellation of certain franchise agreements for breach and the exercise of pre-emptive rights to purchase numerous retail outlets in a foreign jurisdiction from the counter-parties.
AD HOC ARBITRATION
Ad hoc arbitration between our client, the owner of a hotel operating under a well-known international brand in Mauritius, and a foreign contractor.
ARBITRATION IN SA AND MAURITIUS
International arbitration and cross-border litigation in South Africa and Mauritius respectively between an international mobile handset provider and a defendant domiciled in Mauritius in respect of the distribution and sale of cellular devices in Ghana and Mauritius.
ICC ARBITRATION IN ZIMBABWE
International arbitration in terms of the ICC rules and seated in Zimbabwe in a shareholding dispute between the Zimbabwean subsidiary of our client (a leading pharmaceutical manufacturer and distributor) and a third party.
LITIGATION IN GABON
Cross-border litigation, both criminal and civil, in the local courts of Gabon for an African financial services company in relation to a claim for EUR37.5-million arising from an aircraft accident in Gabon, with insurance law and regulatory impacts in various African and European jurisdictions.
LCIA ARBITRATION
Three inter-connected international arbitrations under the auspices of the LCIA involving two international development finance organisations and a number of inter-related Ghanaian companies in the oil and gas industry, and pertaining to the alleged breach of a loan agreement and failure to satisfy a guarantee, in a claim for more than USD30-million.
clients recognise the outstanding quality of the firm
Chambers Global 2018

contact

David A. Asiedu

executive
dasiedu@ENSafrica.com

Kirsty Simpson

executive
ksimpson@ENSafrica.com

Thierry Koenig SA

executive
tkoenig@ENSafrica.com

expertise

expertise

African regulatory and business intelligence
agribusiness
Asia
aviation
banking and finance
Broad-based black economic empowerment (B-BBEE)
competition/antitrust
corporate commercial
dispute resolution
employment
environment
fiduciary
fintech
forensics
immigration
India
insolvency, business rescue and debt recovery
insurance
intellectual property (IP)
intelligENS
mine and occupational health and safety
mining
private clients
private equity
pro bono and corporate social investment
project development and project finance
real estate / property
shipping, ports and logistics
tax
technology, media and telecommunications