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international arbitration

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The ‘professional’ team at ENSafrica is noted for its ‘clear and comprehensive advice’.
Legal 500, 2019

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.

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

 

 

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