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credible difference

We are International Arbitration experts in Africa. We handle all forms of dispute resolution in their entirety, regardless of where on the continent you do business.

 

PROVEN TRACK
RECORD
LOCAL
PARTNERSHIPS
INTELLIGENS
AFRICAN
FOOTPRINT
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Proven track record

Resolving cross-border disputes on the African continent can be complex. Our International Arbitration team members have considerable experience acting as local counsel and are specialists in modern arbitral practice and enforcement across all key sectors, including construction, energy, shipping, mining, telecommunications, insurance and financial services.

As a result, we are ideally placed to assist you with alternative dispute resolution mechanisms, including mediation and arbitration and, where necessary, in the local courts.

We regularly act for major local and international clients in ad hoc arbitration proceedings and in major arbitration centres, including the International Chamber of Commerce in Paris (ICC), the London Court of International Arbitration (LCIA) and the Permanent Court of Arbitration in the Hague (PCA).

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Local partnerships

We have long-standing relationships with the foremost African arbitral institutions, including:

Our ties extend far beyond just appearing in arbitrations at these regional centres. Because we have a strong geographical presence and offices in all the above locations, we have built solid relationships with and become very familiar with the operations and day to day management of these institutions. For example, we were a founding member of AFSA and we belong to their sub-committees, while the Head of our Mauritius office, Thierry Koenig, is the president of the MIAC Practitioners’ Group Steering Committee.

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intelligENS

Our in-house artificial intelligence (AI) unit sets us apart by providing cost-effective offerings for high volume, document intensive disputes, using progressive digital systems and artificial intelligence, including document review, e-discovery and electronic arbitration platforms. We are therefore able to meet your legal needs quickly, seamlessly and with as little disruption to your business as possible.

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African footprint

With offices in East, Southern and West Africa, we have many years of practical experience working on the ground throughout the continent. We have a proven track record and a solid understanding of local cultural, commercial and geopolitical contexts, as well as long-standing partnerships with trusted local law firms whom we work alongside in those countries where we do not have our own offices.

One of the many benefits of our continent-wide approach is that, no matter how many countries your dispute spans, you can always interact with a single point of contact at ENS.

With lawyers qualified to practice on the continent, as well as in English and French law, we provide legal services and assistance in Anglophone, Francophone and Lusophone countries, including all the countries which follow the OHADA system of business law. We are able to advise in English, French, Portuguese, Cantonese and Mandarin, and we are also fluent in a plethora of African languages across Sub-Saharan Africa.

they are very good - very thoughtful and very commercial
Chambers Global Guide
mining law team

team

mining law accolades

awards and rankings

ENSafrica is recognised by leading international ranking agencies, including Chambers Global, Legal 500, IFLR1000 and the World Tax Guide, for achieving consistently high standards. Furthermore, the firm is a regular recipient of Southern Africa regional awards such as DealMakers and the African Legal Awards.

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
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the firm provided effective support on cross-border matters
Chambers Global Guide
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The lawyers at ENS provide sound, well-researched advice, being commercially focused and always clear on their advice. They are thorough in their work and capable of understanding commercial problems and finding a legal way to solve them.
Chambers Global Guide
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ENS has provided absolutely what we needed as clients: excellent legal advice. They were clear, highly effective and respected deadlines.
Chambers Global Guide
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ENS's attention to detail and document management is excellent
Chambers Global Guide
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always readily available and approachable
Legal 500 EMEA Guide
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mining law offering

expertise

Acting as 
counsel
Acting as 
counsel
Ad hoc arbitrations 
under UNCITRAL
Ad hoc arbitrations 
under UNCITRAL
Arbitral fora 
/ tribunals
Arbitral fora 
/ tribunals
Arbitration 
rules
Arbitration 
rules
Binding 
mediations
Binding 
mediations
Challenges to awards 
and appointments
Challenges to awards 
and appointments
Choice of 
governing law
Choice of 
governing law
Cross‑border 
litigation
Cross‑border 
litigation
Dispute resolution 
clauses
Dispute resolution 
clauses
Interim measure 
applications
Interim measure 
applications
National law 
expertise
National law 
expertise
Non‑binding 
mediations
Non‑binding 
mediations
Procedural 
aspects
Procedural 
aspects
Public 
international law
Public 
international law
Recognition and 
enforcement proceedings
Recognition and 
enforcement proceedings
mining law experience mining law experience

experience

ARBITRATION IN LONDON
International arbitration between 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 IN MAURITIUS
Enforcement and execution proceedings in Mauritius, following an award in an international arbitration held in London in which a vessel owner was awarded payment of USD70-million by a charterer, and also pursued enforcement and execution proceedings in India before the Madras High Court.
MINING DISPUTE IN MOZAMBIQUE
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) and a sub-contractor and its insurer, concerning a major public infrastructure project conducted under the MARC Rules and seated in Mauritius.
ARBITRATION IN MAURITIUS AND SOUTH AFRICA
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.
CROSS-BORDER 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 issues in various African and European jurisdictions.
GHANAIAN ARBITRATIONS IN LONDON
Three interconnected international arbitrations, under the auspices of the LCIA, involving two international development finance organisations and a number of interrelated 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.
ARBITRATION IN RWANDA
Arbitration and court proceedings against a contractor and financial institution in connection with a dispute arising from an engineering, procurement and construction contract for the construction of a state-of-the-art production facility in Rwanda.
ARBITRATION IN PARIS
An international arbitration between a Southern African Government and a European state-owned entity in respect of the design and construction of an international airport, conducted under ICC rules and seated in Paris.
ARBITRATION IN PARIS
An international arbitration between the national electricity utility in South Africa and an Indian state-owned entity regarding the construction and electrification of a railway line, conducted under ICC rules and seated in Paris.
ARBITRATION IN LONDON
An international arbitration between the national electricity utility in South Africa and a French entity relating to the replacement of steam generator turbines at a nuclear power plant, conducted under ICC rules and seated in London.
SHIPPING ARBITRATION
USD200-million London arbitration claim for alleged breach of a safe port warranty following the grounding of a bulker at Richards Bay in South Africa and resultant loss of cargo and ship, and wreck removal liability.
RESISTING ARBITRAL AWARD
Appearing in Mauritius and South Africa to resist the recognition and enforcement of an arbitral award of over EUR50-million delivered against a Southern African Government, following a commercial arbitration by a German entity.
RESISTING ARBITRAL AWARD
Appearing in Mauritius for a South Asian Government to challenge a foreign arbitral award delivered by the Permanent Court of Arbitration in the Hague, following a tax dispute between the Government and an international oil and gas company.
UNCITRAL ARBITRATION
Investment Treaty Arbitration under the UNCITRAL Arbitration Rules between an Indian Ocean Government and a foreign land developer. The dispute arose following the termination of a lease granted by the State to the investor.
ICC ARBITRATION
An international arbitration between a major UK telecommunications and network provider and a South African company regarding a call option for shares, conducted under the ICC rules.
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