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credible difference

We are legal experts in international arbitration in Africa. We handle all forms of disputes from beginning to end, no matter where on the continent you do business or where the witnesses are based.

 

PROVEN TRACK
RECORD
LOCAL
PARTNERSHIPS
AFRICAN
FOOTPRINT
INTELLIGENS
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Proven track record

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

Our international arbitration team members have many years of experience acting as local counsel and are therefore 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 strong ties with the foremost African arbitral institutions, including the Arbitration Foundation of Southern Africa (AFSA), Ghana Arbitration Centre (GAC), Kigali International Arbitration Centre (KIAC), Mauritius Chamber of Commerce and Industry Centre for Arbitration and Mediation (MARC) and Mauritius International Arbitration Centre (MIAC).

Because we have offices in all these regions, we have been able to build solid relationships with and become deeply involved in the day-to-day running of some of these institutions.

We were a founding member of AFSA and belong to their sub-committees, while the Head of our Mauritius office, Thierry Koenig SA, is president of the MIAC Practitioners’ Group Steering Committee.

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African footprint

Multi-jurisdictional businesses face significant risks, as well as the challenge of complying with vastly different laws and regulations.

With offices in Eastern, Southern and Western Africa and more than 600 specialist practitioners, we have deep expertise and the capacity to solve all your legal, tax, forensics and IP requirements, and help you navigate regulatory hurdles, no matter where in Africa you do business.

Because we have had many years of practical experience working on the ground throughout the continent, we have developed a proven track record, we are fluent in local languages and have a solid understanding of local cultural, commercial and geopolitical contexts, as well as long-standing partnerships with trusted firms with whom we work.

With lawyers qualified to practise 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.

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intelligENS

Our in-house intelligENS team of legal and forensic technology experts collects and receives data and performs industry-standard techniques to increase the efficiency of any information-intensive review, including document review and e-discovery.

RelativityOne is the backbone to our AI-powered customised solutions and methodologies, and ENS is the first law firm in Africa to offer this innovative platform.

We are therefore able to meet your legal needs quickly, seamlessly and with as little disruption to your business as possible.

always readily available and approachable
Legal 500 EMEA Guide
mining law team

team

mining law accolades

awards and rankings

ENS 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 regional awards such as DealMakers and the African Legal Awards.

Chambers GlobalLegal 500IFLR1000Dealmaker Awards
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ENS is experienced working with international clients and law firms, with strengths across Africa
Chambers Global Guide
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the firm handles disputes relating to various jurisdictions around Africa and the world, with involvement in London arbitration proceedings
Chambers Global Guide
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comprehensive and strategic handling of disputes
Chambers Global Guide
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going beyond the call of duty to ensure the best possible outcome for their clients
Chambers Global Guide
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serious attention to detail
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, as well as 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 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.
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.
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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