Africa Profile Disputes Focus

Africa Profile
Disputes Focus
Detail from Sea Hook by Trevor Bell
Autumn 2013
One of the few bright spots on the gloomy global economic horizon.
George Soros
Contents
Africa Profile Disputes Focus
01
A life in law
02
Doing business in Africa How investors can

protect their interests and manage disputes effectively
04
Country profiles
08
Botswana 09
Armstrongs
Congo-Brazzaville 13
John W Ffooks & Co
Ghana 17
Bentsi-Enchill, Letsa & Ankomah
Guinea 21
John W Ffooks & Co
Kenya 25
Anjarwalla & Khanna
Morocco 29
Bennani & Associs LLP
Mozambique 33
Fernanda Lopes & Associados
Nigeria 37
Udo Udoma & Belo-Osagie
Tanzania 41
ADEPT Chambers
Uganda 45
MMAKS Advocates
Useful information
51
Our Africa practice
52
Our experience Highlights
53
Partner contacts
54
Africas rise
Africa today
Collective GDP
USD1.7trillion
USD46
billion
USD0.8
trillion
FDI
Consumer spending
Africa tomorrow
Collective GDP in 2020
USD2.6 trillion
USD150
billion?
USD1.5
trillion?
Consumer
spending
in 2020
FDI in 2015
Africa Profile Disputes Focus

Foreword by Chris Saul, Senior Partner, Slaughter and May
A warm welcome to our Africa Profile: Disputes Focus, which presents an

insight into dispute regimes across 10 key African jurisdictions (Botswana,
Congo-Brazzaville, Ghana, Guinea, Kenya, Morocco, Mozambique, Nigeria,
Tanzania and Uganda).
The value of African inward investment has grown threefold in the last
10 years, reaching more than USD182 billion in 2012. As international
companies continue to invest in Africa, it is likely that we will see an
increase in the number of disputes arising. Whether you are already
operating, or looking to invest, in one of these jurisdictions, we hope that
this guide will be a useful starting point in understanding the litigation,
arbitration and alternative dispute resolution procedures in place. Our
award-winning Dispute Resolution group is on hand should you require
more in-depth advice.
Slaughter and May has been active in Africa for a number of decades and
we have considerable knowledge of working across the continent. We have,
for example, advised the Government of Botswana on a broad range of
work over a period of nearly 30 years and in the past year have advised
clients in 17 African countries. Our expertise encompasses many different
sectors and we work on all types of transactions, projects and disputes.
Close relationships with market-leading law firms across the continent
mean that we provide cross-jurisdictional legal advice that genuinely
reflects what global means for our clients.
In producing this guide we have drawn on the combined knowledge
and experience of our Africa team and leading lawyers in each of the
jurisdictions covered. I extend my sincere thanks to all of the contributors
for their efforts on this publication.
01
A life in law
Interview with Ian Kirby, Judge President of the Court of Appeal, Botswana
What attracted you to the law?

As a schoolboy I enjoyed acting, English and Latin it was my teachers who
directed me towards a career in law.
Where did you do your legal studies?
At Rhodes University, Grahamstown, South Africa.
What brought you to Botswana, and when?
After graduating in 1968 I had differences with the then South African
Government as a student leader. This led to differences with the Smith
Government in Rhodesia as well. So, in February 1969, I booked a single
ticket on the mixed goods train (as it was called), taking all my possessions
in a black tin trunk, and left for an interview in Gaborone, Botswana. I had
money for only one nights stay but, happily, I was offered a job as Assistant
State Counsel by the new Botswana Government. I have lived in Botswana
ever since, where I met and married my wife, Gwithie, and where we have
raised our family.
What area of law particularly interests you, and why?
Having dabbled in business at some stages of my career, I have developed
an interest in commercial and taxation law, but I also had a strong family
law practice. Since joining the Court of Appeal, my interest in constitutional
law has grown as we are the guardians of the rule of law, based on the
national constitution.
How do private practice and government work compare and contrast?
Was your experience of private practice helpful preparation for
government work?
As a private practitioner in Botswana in the 70s and 80s, there was no
room for specialisation. The few practising attorneys dealt personally with
a full range of clients widows, estates, distressed companies, unhappy
marriages, entrepreneurs and societys misfits and offenders. This gave
us a sympathetic insight into the problems of the public. In government,
we dealt largely with other government departments in a less personal
environment but at a time of huge enthusiasm from members of the
quite small public service engaged in building a successful Botswana. The
personal experience of peoples problems that I had gained as a private
practitioner did help both in my court work for government and in various
of the tasks I was assigned, including the drafting of the Public Service
Charter, which sets out the principles governing the conduct of those in
public service.
02
What inspired you to go into government work?

I have been inspired by the determination of all four
of Botswanas Presidents to strive modestly and
unselfishly for the peace, stability and progress of our
country, without any thought of enriching themselves.
So, after 20 successful years in private practice and
after seeing my family educated, I resolved to return to
government service so as to also contribute in a small
way to this effort.
What attracted you to the bench?

Becoming a judge was the fulfilment of a boyhood
dream. After the hurly-burly of the Attorney Generals
Chambers, I was able to return to studying the law
and also, with the benefit of a wider experience, to
help solve peoples personal problems from a more
objective viewpoint. I am interested both in people
and in the processes of good governance, and being a
judge enables me to encounter both on a daily basis.
What were the most interesting aspects of your

government work, and why?
As Attorney General, I was given the job of piloting
amendments to the Constitution to redefine the role
of this office. At that time (a colonial legacy), the
Attorney General was a bit like Pooh-Bah, the Lord
High Everything Else from the Gilbert and Sullivan
opera The Mikado he was a member of Cabinet, a
member of Parliament, the Chief Legal Adviser to the
Government, the Director of Prosecutions, responsible
for deciding whether or not to indict each criminal,
an Accounting Officer responsible for handling the
Departmental Budget and for piloting government
reforms, and a Director of major companies
representing the government; he also bore overall
responsibility for parliamentary legal drafting and
for the Deeds Registry, as well as for law reporting.
In addition, the Attorney General was expected to
act as lead counsel in major litigation involving the
government.
You were Botswanas first Judge President of the

Court of Appeal. What challenges did this bring?
I was actually the first citizen Judge President. My
predecessors had all been visiting judges, though very
distinguished ones, from other countries, doing the job
on a part-time basis. My challenge was to transform
the court over time into a more representative and
permanent body (although we still have valued foreign
members) with its own court premises, staff and
budget, while retaining the historic high standards
and reputation of the court. This is work in progress. A
real challenge is that, in a small community like ours,
major cases tend to be personalised by interest groups
and the press in a way not experienced by visiting
judges. Fortunately, successive governments have
fully respected the rule of law and even unpopular
judgments have always been promptly implemented.
It was all a bit much to cover all the bases a

minimum 16-hour day, including weekends, was
required. Happily, by the time of my departure, the
Constitution had been amended. The Attorney General
was no longer a Member of Parliament, there was a
constitutionally protected and independent Director
of Public Prosecutions and the Deeds Registry and law
reporting functions had been moved elsewhere.
Another highlight was taking part (with Slaughter
and May) in renegotiating the Jwaneng and Orapa
Diamond Agreement with De Beers at a pivotal
moment in Botswanas development.
What is the most testing situation you have faced in

a life in the law?
It was my period as Attorney General, but looking
back the hard work was certainly worth it and the
experience has enabled me to see things from the
point of view of both the government and the
individuals it serves.
What do you regard as your greatest achievement?
Being able to play a small part as a member, at
different times, of the executive, the legislature and
the judiciary in the development of a just system of
law in a peaceful Botswana.
What do you do to relax?
I enjoy fishing, reading, wildlife conservation and my
grandchildren.
03
Doing business in Africa How investors can protect

their interests and manage disputes effectively
Article by James Stacey, Partner, Dispute Resolution, Slaughter and May
Foreign Direct Investment (FDI) into Africa is increasing. The continents
global share of FDI has grown from 3.2% in 2007 to 5.6% in 2012; the size
of the African economy has more than tripled since 2000 and the region as
a whole is expected to grow by 4.0% for 2013 and 4.6% for 2014. In 2012,
of the eight fastest growing economies in the world, five were in Africa and
this trend is expected to continue.
Despite the many attractions of investing in Africa, certain difficulties and
concerns remain. Regime change or changes to the political environment
have the potential to alter significantly the relationship between investors
and the host State leaving investments vulnerable in the process. In
addition to physical expropriation of assets, investors will frequently be
concerned about the potential for less direct but equally damaging
changes, for example changes to the fiscal system, which have the effect
of penalising the foreign investments and causing them to cease to be
economically viable.
Any prospective investor should have in place a comprehensive plan to
mitigate these dangers via commercial and diplomatic channels. However,
the prospective investor will also want to feel confident that they can
fall back on robust, legal mechanisms if required, both to protect their
investments and to resolve effectively and satisfactorily any disputes that
might arise.
This article seeks to outline some key considerations for any prospective
investor looking for greater substantive protection for their investment than
would be offered by a typical investment agreement with the host State.
It also examines the procedural protection offered by ICSID arbitration by
comparison with a commercial arbitration clause.
INVESTMENT PROTECTION THE OPTIONS
Bilateral Investment Treaties
A Bilateral Investment Treaty (BIT) is an international treaty between two

States that establishes the terms and conditions for FDI by investors of
one State in the other host State. In particular, a BIT will identify a range
of minimum protections that investors from that State will be provided
with in respect of their investments in the host State. The fact that these
protections are provided for in an international treaty means that the host
State is prevented from unilaterally amending the investment protections.
04
The most common investment protections offered to

investors by BITs include:
protection against expropriation of the investors

property without compensation by the host
State. This can include direct expropriation, eg the
investors property is actually taken by the State,
and indirect expropriation, eg where legal title to
the investment is not affected and property is not
taken but changes implemented by the host State
effectively prevent the investment being used in
any meaningful way;
most favoured nation provisions, which require
the host State to provide investors from one
jurisdiction with no less favourable treatment than
investors from any other jurisdiction. This might
be combined with national treatment provisions,
requiring no less favourable treatment than given
to local investors;
fair and equitable treatment, which is a broad
concept used to uphold the investors right to
procedural fairness and freedom from harassment;
free transfer of funds, which guarantees that the

investor will be able to transfer funds out of the
investment and host State; and
full protection and security, which requires the

host State to adopt all reasonable measures to
physically protect investments from attack.
Over 400 BITs exist between African countries and

developed countries. Examples of African countries
that have BITs with the UK include the Congo, Ghana,
Kenya, Morocco, Mozambique, Nigeria, Tanzania
and Uganda. A full list can be found in the Useful
information section of this publication on page 51.
All BITs are different, and some may prove to be more
advantageous to proceed under than others, both in
terms of the substantive protection they offer and in

terms of dispute resolution clauses (addressed further
below). Any pre-investment due diligence should
therefore consider and assess the scope of protection
potentially available to investors by the host State
pursuant to the various BITs to which that State is a
party. The prospective investor should consider carefully
how best to structure any investment to ensure that
the investor is able to take advantage of the BIT that
offers the most favourable and suitable provisions.
Foreign investment legislation
Where there is no BIT in place, it may be possible

to seek protection of investments pursuant to the
national investment laws of the host State.
For example, Guinea does not have a BIT with the UK
but it does, nonetheless, provide certain protections to
investors: Guineas Investment Code 1987 guarantees
that the government will not, except for reasons
of public interest, take any steps to expropriate or
nationalise foreign or locally held assets or businesses.
Similarly, to encourage FDI, the Government of Ghana
passed the Ghana Investment Promotion Centre Act
1994 (GIPCA 1994). This governs investment in all
sectors of the economy except minerals and mining,
oil and gas and certain free zones. GIPCA 1994 gives
investment incentives and guarantees in relation to
taxation, transfer of capital, profits and dividends. It
also provides guarantees against expropriation.
While such foreign investment legislation can
therefore provide significant protection, there are
a number of shortcomings when compared with
the protection offered by a BIT. Investors remain
vulnerable to sovereign risk, in particular the risk
of unilateral retraction, ie that the host State will
unilaterally retract the protection offered. Further, the
scope of protection is typically limited to expropriation
of assets, by comparison with the broad protection
offered by BITs.
05
ARBITRATION THE OPTIONS
ICSID awards are final and binding. The ability

of either party to review a decision is extremely
limited under ICSID rules and, if there is a review, it
will be decided by an ICSID-appointed committee,
not a local court;
if a State were to fail to comply with an award, this

would be a breach of the Convention; and
the Convention provides for its own enforcement

system. All awards are recognised as final in
all States party to the Convention. Further,
monetary obligations arising from ICSID awards
are required to be enforced like final judgments of
the local courts in all States that are party to the
Convention.
ICSID arbitration
ICSID administers and provides facilities for the

conciliation and arbitration of international
investment disputes between investors and States.
ICSID was established pursuant to the ICSID
Convention, a multilateral treaty formed by the
Executive Directors of what is now the World Bank. The
aim of the ICSID Convention is to promote economic
development through the creation of a favourable
economic climate. The ICSID Convention came into
force in 1966 and currently has 158 signatories,
of which 149 have ratified the Convention (the
Contracting States).
Of 54 African States, 48 have signed the ICSID
Convention and 44 have ratified it. As of 30 May 2012,
of the 44 African Contracting States, 27 had been
involved in 84 ICSID proceedings, corresponding to
24% of all proceedings under the ICSID Convention.
So, what is the attraction of ICSID arbitration? In
summary:
Only Contracting States and nationals of Contracting

States can participate in an ICSID arbitration under
the ICSID Convention. However, this is not in itself
sufficient. The dispute must be a legal dispute arising
directly out of an investment. In addition, there must
be written agreement between the Contracting State
and the national to submit their dispute to ICSID
arbitration. In respect of this latter requirement:
BITs will generally contain an offer by the

Contracting State to settle investment disputes
with investors of the other State through ICSID
arbitration. Commencing arbitration counts as
accepting this offer; there is no need for any
further agreement; and
in the absence of a BIT, the investor should

consider whether it is possible to negotiate
an ICSID clause into a particular investment
agreement. If so, the investor should be
particularly alert to the scope of claims that
the State agrees should be covered by ICSID
arbitration, whether there are any express
waivers of sovereign immunity contained in the
contractual agreements and, if so, their scope.
06
arbitration proceedings pursuant to the ICSID

Convention are self-contained, de-localised
and independent of the intervention of any
outside bodies. The seat of the arbitration will
not determine the governing procedural law
and domestic courts have no power to stay or
otherwise intervene in the proceedings;
ICSID proceedings are not threatened by the noncooperation of a party. If one of the parties fails to
act, the arbitration can still continue through to a
final decision;
Non-ICSID arbitration
BITs and foreign investment legislation will typically

provide investors with an option to elect for a classic
commercial style arbitration rather than only allowing
the investor to arbitrate pursuant to ICSID. Thus, for
example, investors might be offered an arbitration
under the UNCITRAL Rules or institutional arbitration
rules, eg the rules of the ICC or the LCIA.
Non-ICSID arbitrations are subject to the same
difficulties associated with any ordinary commercial
arbitration, eg the risk of delay by a reluctant party,
the seat of the arbitration determining the governing
procedural law and the role of the domestic courts.
Nevertheless, these remain an important option,
particularly for investors who, despite the dispute
with the host State, intend to remain within the
jurisdiction and wish to avoid the perceived high
stakes option of commencing an ICSID arbitration
against that host State.
CONCLUSION
A combination of the substantive protections offered
by BITs and the procedural protection offered by
ICSID arbitration provides a powerful and compelling
package for prospective investors. The soft measures
should not, of course, be overlooked: establishing a
constructive dialogue with the government of the host
State from the outset is essential. However, investors
should take comfort from the additional protection
that will be available from a considered and structured
investment.
07
Country profiles
29
21
37
17
45
13
25
Botswana 09
41
Congo-Brazzaville 13
Ghana 17
33
Guinea 21
Kenya 25
Morocco 29
Mozambique 33
Nigeria 37
Tanzania 41
Uganda 45
08
09
Botswana
Key Facts
Armstrongs
Capital
Gaborone
Official languages
Setswana, English
Population
2 million
Currency
Pula (BWP)
Established in 1974, Armstrongs is

a leading corporate and commercial
firm that offers an extensive range of
services across all major commercial
sectors. The firm has been a pioneer
in many of the commercial sectors
in Botswana and has developed a
formidable reputation in the areas of
capital markets, banking and finance,
commercial litigation and the minerals
and resources sectors.
Sipho Ziga
T +267 395 3481
E sipho@armstrongs.bw
W www.armstrongs.bw
Sipho Ziga is a partner and Head

of the Commercial Department.
Particular areas of expertise include
the minerals and resources sectors. In
addition to his M&A practice, Sipho
advises multinational companies and
international law firms on the law and
regulatory environment in Botswana
with regard to securities, financial
instruments, derivatives and swaps.
oVERVIEW
The law of Botswana is based on civil law principles rooted in Roman Dutch
law inherited in the late 18th century from the Cape Colony, now part of
South Africa.
However, Botswanas judicial system was modelled on the English judicial
system as a result of its having been a British protectorate. The procedural
aspects of both civil and criminal law, together with the law of evidence, are
therefore based on English common law principles. The primary source of
procedural law in Botswana is statutory, namely, parliamentary legislation
and delegated legislation (such as in the form of the Rules of Court 2011).
09
Court structure
Court of Appeal
High Court
Magistrates
Court
Small Claims
Court
Industrial Court
Customary
Court of Appeal
Customary
Court
The Botswana court structure has retained a Customary Court also known as a kgotla as an informal forum to
settle smaller, less serious disputes between parties within a village or community. Disputes brought in that court
will be headed by the village Chief and be decided in accordance with the rules of equity. However, the parties to a
dispute have the unilateral right to request that the case is reallocated from the Customary Court to an appropriate
common law court with competent jurisdiction.
Enforcement of foreign judgments

Enforcement of foreign judgments is not automatic and requires the permission of the High Court in accordance
with the Judgments (Reciprocal Enforcement of Maintenance Orders) Regulations 1966 (1966 Regulations).
Judgment creditors from those countries listed in the 1966 Regulations may apply to the High Court up to six
years from the date of the judgment or, where there are appeal proceedings against the judgment from the date
of the last judgment in those proceedings, to have the judgment registered in the High Court. Upon hearing the
application (and after satisfying itself as to the legitimacy of the foreign judgment), the court may order that the
judgment be registered. Once registered, the judgment will have the same force and effect as a domestic judgment.
Judgment creditors from all other countries, ie those not listed in the 1966 Regulations, require leave from the
President of the Court of Appeal granting the court permission to register the foreign judgment (see Section 3,
Judgments (International Enforcement Act) 1981).
10
Arbitration
The Arbitration Act 1959 (AA 1959) governs arbitration in Botswana. The procedure for domestic arbitrations
is set out in the Rules for the Conduct of Arbitrations 2003, published by the Botswana Institute of Arbitrators.
Gaborone, the capital of Botswana, is the most popular national seat of arbitration. Some of the most popular
international seats of arbitration include London, Paris, New York and Geneva.
The enforcement of domestic awards is governed by Section 20, AA 1959. The successful party must apply to court
to enforce the award in the same manner as for a court judgment.
The recognition and enforcement of foreign arbitral awards is governed by the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards 1971 (REFAA 1971). Under the REFAA 1971, only those arbitral awards made
in countries that are both signatories to the REFAA 1971 and have reciprocal arrangements in their national courts
for the enforcement of Botswanan arbitral awards and that are considered commercial under Botswana law can
be enforced in Botswana. The word commercial is not defined in the REFAA 1971 and is therefore given its ordinary
meaning, ie a commercial award would include awards in respect of disputes relating to persons and businesses
engaged in commerce, merchandising, trade and sales.
Other forms of dispute resolution

Mediation is currently only provided for in labour disputes under the Trade Disputes Act 2010.
However, the Administration of Justice Department recently announced that it was in the process of introducing
Court Annexed Mediation based on the American model. This consists of confidential and informal negotiations
headed by a neutral third party, the mediator, who facilitates negotiations between the parties to a dispute to
assist them in settling without resort to the courts. Under the American model, subject to the agreement of the
parties, the courts have the power to refer disputes for mediation either before or after proceedings have been
issued depending on the circumstances of the case. Factors that the courts will consider include the complexity
of the case, the extent of the disagreement between the parties and the likelihood of a settlement being reached.
Judges and magistrates are currently being trained in Court Annexed Mediation and it is envisaged that attorneys
will receive training in the near future.
11
BOTSWANA LEGAL STOP PRESS

The Competition Act 2009 (CA 2009), which came into force on 14 November 2011, puts in place a legal
infrastructure for the control of mergers that take place in Botswana.
A merger that exceeds the prescribed thresholds (BWP 10 million in respect of asset turnover and 20%
in respect of market share) may not be implemented without the approval of the Competition Authority,
a newly appointed government agency established under the CA 2009. The Competition Authority has
wide powers, which include the ability to direct the parties to restore the conditions of competition that
existed before the merger. It also has the power to examine whether minority interests may give rise to a
competition concern.
Since the implementation of the CA 2009, commercial transactions have been significantly delayed due
to the relatively low merger thresholds in the CA 2009 and there being insufficient guidance, case law and
reliable market information to enable the Competition Authority to take speedy decisions once notified of a
relevant merger situation. The CA 2009 has also been criticised on the basis that it lacks clarity in respect of
the right of merging parties to challenge adverse decisions.
12
Congo-Brazzaville
Key Facts
John W Ffooks & Co
Capital
Brazzaville
Official language
French
Population
4.3 million
Currency
Central African franc (CFA)
John W Ffooks & Co is a multilingual

international law firm. It has offices
across Francophone Africa including
Guinea, Congo-Brazzaville and the
Central African Republic and its Head
Office is in Madagascar. The firm
specialises in commercial and business
law, including finance, project finance,
intellectual property, minerals, mining,
oil and gas, environmental law,
privatisation, telecommunications and
banking law.
John Ffooks
T +261 20 224 3247
E john@jwflegal.com
W www.jwflegal.com
John Ffooks is the Senior Partner of

John W Ffooks & Co. He qualified as
a solicitor with a Magic Circle firm
and has lived and worked as a lawyer
in Madagascar for over 10 years. He
has travelled and worked extensively
across Francophone Africa. Johns
practice focuses on natural resources,
telecoms/IT and banking (both
regulatory and transactional) work. He
has particular experience of complex
multijurisdictional transactions in the
M&A and public markets fields.
oVERVIEW
The legal system in Congo-Brazzaville is based on the French civil law
system, with statutes contained in a series of codes. Court procedure is
governed by Law 51-83 of 21 April 1983 relating to the Congolese Code of
Civil, Commercial, Administrative and Financial Procedure.
13
Court structure
Supreme Court
(Brazzaville)
Court of Auditors
(Brazzaville)
Court
of First
Instance
Appellate Court
(Brazzaville)
County
Court
Commercial
Court
Appellate Court
(Pointe-Noire)
Labour
Court
Appellate Court
(Dolisie)
Administrative
Court
Military
Court

Enforcement of foreign judgments is not automatic. Congo-Brazzaville does, however, have a bilateral treaty (also
known as a bilateral convention) with France that binds both countries on judicial matters. To enforce a foreign
judgment, an exequatur judgment is required from the president of the competent court where the defendant is
domiciled or in the country in which the foreign judgment must be executed.
Foreign judgments involving claims up to CFA 1 million (approximately USD2,000) must be referred to the Court of
First Instance and enforcement of the judgment must be authorised by the President of the Court of First Instance.
Where the claim exceeds CFA1million the matter must be referred to the County Court and enforcement of the
foreign judgment must be authorised by the President of the County Court.
An exequatur decision rendered as enforceable by the relevant court applies across the entire Congolese
jurisdiction, rather than only in the location where the debtors assets are situated.
14
Arbitration
Congo-Brazzaville is a member of the Organisation pour lHarmonisation en Afrique du Droit des Affaires (OHADA).
The Common Court of Justice and Arbitration (CCJA) is the usual arbitration court of OHADA countries.
The Uniform Act on Arbitration 1999 (UAA 1999) governs arbitration law in OHADA countries and applies to
any arbitration governed by domestic or international law. The UAA 1999 prevails over local arbitral procedure,
including on the recognition and enforcement of arbitral awards made in other OHADA countries.
The recognition and enforcement of awards made in other OHADA countries are subject to the provisions of the
UAA 1999. Awards rendered pursuant to the CCJA rules require exequatur permission before they are enforced.
As Congo-Brazzaville is not a signatory to the 1958 Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (New York Convention), recognition of international arbitral awards from non-OHADA countries is
not automatic. Such awards may, however, be enforced in Congo-Brazzaville subject to an exequatur given by the
Court of First Instance (for claims up to CFA1million) or the County Court (for claims exceeding CFA1million).
Mediation
Parties can choose to mediate at any point during proceedings. This must be by agreement and cannot be ordered
by the court. The parties appoint a mediator who is independent and impartial, and who must not be a judge or an
arbitrator.
While there is currently no specific regulation governing mediation between private entities and individuals in
Congo-Brazzaville, mediations involving a public body and an individual are governed by Law No 9-98 dated 31
October 1998 and by Decree No 2002-252. In such cases, the mediator is appointed by the Council of Ministers by
decree for a term of three years, a term that can subsequently be renewed. For mediations involving public bodies,
the mediator cannot be a member of the government, Parliament, the Supreme Court, the Economic and Social
Council, the Superior Judicial Council or a local council.
Conciliation
Conciliation is a process available to individuals and corporates in which the parties use a conciliator (an
adjudicator), appointed by the parties and who meets with them separately, in an attempt to resolve their
differences. Parties may undertake conciliation of their own volition or on the initiative of the court.
15
Congo-Brazzaville LEGAL STOP PRESS

The authorities are beginning to interpret very strictly the withholding tax and VAT provisions in production
sharing contracts with Western oil companies.
16
Ghana
Key Facts
Bentsi-Enchill, Letsa
& Ankomah
Capital
Accra
Official language
English
Population
24.2 million
Currency
Cedi (GHS)
Ace Anan Ankomah

T +233 302 221 171
E aaankomah@belonline.org
W www.belonline.org
Ace Anan Ankomah is Managing

Partner and Head of the Litigation and
Dispute Resolution Practice Group
at Bentsi-Enchill, Letsa & Ankomah.
He has 21 years experience in legal
practice and is a member of the
Ghana Bar Association and the ICC
International Court of Arbitration.
Aces practice encompasses domestic
and international litigation, arbitration
and other forms of alternative dispute
resolution.
Bentsi-Enchill, Letsa & Ankomah

is a private partnership, incorporated
under the laws of the Republic of
Ghana. The practice was started
by Kojo Bentsi-Enchill as a sole
practitioner with two associates
in 1988, and incorporated in 1990
when he was joined by Divine Kweku
Letsa. The firm is committed to
providing high quality legal services to
corporates on all the main aspects of
corporate law.
oVERVIEW
Ghana is a common law jurisdiction. Its legal system is based on the 1992
Constitution. The 1992 Constitution is also the supreme source of law in
Ghana and all other laws must be consistent with its provisions.
Other sources of law include: Acts of Parliament, subsidiary legislation
made under the powers conferred by either the 1992 Constitution
(known as constitutional instruments) or statute (known as legislative
instruments), common law, doctrines of equity and rules of customary law
(the rules of law which, by custom, are applicable to particular communities
in Ghana). As in England, the litigation system in Ghana is adversarial.
17
Court structure
Supreme Court
Court of Appeal
Regional Tribunals
High Court
Limited criminal jurisdiction,

eg serious economic fraud
against the State
Civil and criminal jurisdiction
Circuit Court
District Court
Juvenile Court

Foreign judgments are enforced on the basis of reciprocity in accordance with the Courts Act 1993 (Act 459).
Currently, those countries with reciprocal arrangements with Ghana include Brazil, France, Israel, Italy, Japan,
Lebanon, Senegal, Spain, the United Arab Emirates and the United Kingdom.
Where there are reciprocal arrangements, a foreign judgment is enforceable in Ghana if it is final and conclusive
between the parties. A judgment will be final and conclusive if it: (1) is final in the court that delivered the
judgment; and (2) cannot be annulled in the country that issued it. For enforceability (although not registration)
purposes, a first instance decision will be regarded therefore as final and conclusive even though that decision is
being appealed or is subject to appeal in the jurisdiction in question.
The judgment of the foreign court must be registered within six years of the date of the judgment (or in the case
of an appeal, after the last judgment given). However, a foreign judgment will not be registered if, at the date of
the application to enforce the decision, it has been wholly satisfied or is not capable of enforcement in the foreign
country in which the judgment was given.
Where the judgment of a foreign court is not enforceable on the basis of reciprocity, fresh proceedings
(enforcement proceedings) may be instituted in Ghana and the foreign judgment relied upon in evidence.
18
Arbitration
Arbitration is governed by the Alternative Dispute Resolution Act 2010 (Act 798) (ADRA2010), which provides that
all matters may be referred to arbitration except matters that relate to: (1) the national or public interest; (2) the
environment; (3) the enforcement and interpretation of the 1992 Constitution; or (4) any other matter that by law
cannot be settled by an alternative dispute resolution method (eg a criminal prosecution).
Under the ADRA 2010, arbitration may be initiated by a party to a valid arbitration agreement or by an order of
a court if the court finds that a valid arbitration agreement exists or if it thinks the dispute can be arbitrated and
the parties agree to arbitration. The ADRA 2010 largely reflects the UNCITRAL Model Law, although it is more
comprehensive. Certain provisions of the ADRA 2010 reflect those contained in the English Arbitration Act 1996.
Ghana has an Alternative Dispute Resolution Centre, which serves as the main national arbitration institute. It also
has private arbitration bodies such as the Ghana Arbitration Centre as well as arbitration bodies operating within
registered associations such as the Association of Certified Mediators and Arbitrators (GHACMA). In addition,
there is the National Labour Commission, a statutory body set up to resolve industrial and labour disputes with
arbitration as one of its dispute resolution mechanisms.
The arbitration centres most commonly specified in agreements governed by Ghanaian law, where arbitration is
selected as the appropriate forum, include the London Court of International Arbitration (LCIA), the Permanent
Court of Arbitration (PCA) and the International Centre for Settlement of Investment Disputes (ICSID).
Both domestic and foreign arbitration awards may be enforced, by leave of the High Court, in the same manner as
a court judgment. Foreign awards must have been given in a country with which Ghana has a reciprocal agreement
or under any international convention on arbitration to which Ghana is a party (Ghana is party to the 1958
Convention on the Recognition and Enforcement of Foreign Arbitral Awards). The High Court will only grant leave if
there is no appeal pending against the award in any court under the law applicable to the arbitration. Certain other
limited requirements must be met: for example, the party must have been properly represented and the award
must deal with the issues submitted to arbitration. The courts decision on enforcement is, however, subject to
appeal by the normal court appeal process.
Mediation
Under the ADRA 2010, a party to any agreement may, with the consent of the other party, submit any dispute
arising out of that agreement to mediation. The Ghanaian court may also refer an action pending before it to
mediation if it is of the view that the action may be resolved best through mediation. The court can make that
referral at any stage of the proceedings. For litigation commenced by writs in the Commercial Division of the High
Court, there is a mandatory 30-day mediation by a judge when pleadings close. Only where the mediation fails will
the judge set down the issues for trial. The matter is then tried by another judge.
19
Customary arbitration
The ADRA 2010 also provides for customary arbitration. Customary arbitration commences when a party refers
the dispute to a person jointly appointed by the parties who is asked to assist in resolving the dispute. Payment
of the arbitration fee or token to the arbitrator constitutes consent to submit to customary arbitration and the
appointment of the arbitrator. The arbitrator is not obliged to apply any legal rules of procedure, but must apply
the rules of natural justice and fairness.
Industrial and labour disputes
Industrial and labour disputes are mostly settled either by or through the National Labour Commission, which
employs common alternative dispute resolution methods such as negotiation, mediation and arbitration. Most
petitioners to the National Labour Commission are employees who are unable to meet the cost of litigation.
Ghana LEGAL STOP PRESS

Any international business or economic transaction to which the government is a party must be approved by
the Ghanaian Parliament. This applies to major economic transactions between the Ghanaian Government
and a foreign party. The Ghanaian Supreme Court has: (1) urged Parliament to specify what constitutes a
major economic transaction; and (2) held that the corporate veil may be pierced to ascertain whether the
parties are the government and a foreign party. Legal advice should thus be sought when concluding an
agreement with a Ghanaian party in which the State has an interest.
20
Guinea
Key Facts
John W Ffooks & Co
Capital
Conakry
Official language
French
Population
10.1 million
Currency
Guinean franc (GNF)
John W Ffooks & Co is a multilingual

international law firm. It has offices
across Francophone Africa including
Guinea, Congo-Brazzaville and the
Central African Republic and its Head
Office is in Madagascar. The firm
specialises in commercial and business
law, including finance, project finance,
intellectual property, minerals, mining,
oil and gas, environmental law,
privatisation, telecommunications and
banking law.
John Ffooks
T +261 20 224 3247
E john@jwflegal.com
W www.jwflegal.com
John Ffooks is the Senior Partner of

John W Ffooks & Co. He qualified as
a solicitor with a Magic Circle firm
and has lived and worked as a lawyer
in Madagascar for over 10 years. He
has travelled and worked extensively
across Francophone Africa. Johns
practice focuses on natural resources,
telecoms/IT and banking (both
regulatory and transactional) work. He
has particular experience of complex
multijurisdictional transactions in the
M&A and public markets fields.
oVERVIEW
The legal system in Guinea is based on the French civil law system and
customary law. Customary law applies in circumstances where there is
an absence of provision in statutory law, especially in cases concerning
personal status (ie marriage, succession and womens rights).
Court procedure is governed by Decree D/98/N100/PRG/SGG, dated 16
June 1988 on the civil, economic and administrative procedure code.
21
Court structure
Supreme Court
Court of Appeal
Competent to enforce foreign judgments
Appellate Court
(Conakry)
Appellate Court
(Kankan)
In Prfectures where no Court of First Instance
competent to hear claims not exceeding GNF 50 million
Court of First Instance

Enforcement of foreign judgments is not automatic in Guinea. However, they have the status of res judicata in
Guinea and, once a judgment has been given in a foreign country, the parties are barred from raising the same issue
again before the Guinean courts unless material new evidence becomes available. A foreign judgment must also
not be contrary to public policy in Guinea.
A judgment creditor must apply to the Court of Appeal for permission to enforce a foreign judgment. The Court
of Appeal can grant an exequatur decision regarding the foreign judgment, making it enforceable in Guinea. The
application must include the original foreign judgment, the original summons and a certificate from the clerk of
the relevant foreign court evidencing that there is no appeal pending in respect of the judgment in the foreign
jurisdiction in question.
22
Arbitration
Guinea is a member of the Organisation pour lHarmonisation en Afrique du Droit des Affaires (OHADA). The
Common Court of Justice and Arbitration (CCJA) is the usual arbitration court of OHADA countries. The Uniform
Act on Arbitration 1999 (UAA 1999) governs arbitration in OHADA countries and prevails over local arbitral
procedure as well as in the recognition and enforcement of awards.
Arbitral awards rendered pursuant to the provisions of the CCJA Arbitration Rules have the status of res judicata in
Guinea. However, they still require an exequatur before they can be enforced. Non-OHADA international arbitral
awards may be enforced in Guinea subject to an exequatur given by the court. This means that the award can be
challenged through the local courts by third party proceedings or annulment action. However, the award cannot be
subject to opposition, appeal or appeal in cassation.
Mediation
Parties can choose to mediate at any point during proceedings. This must be by consent and cannot be ordered by
the court. The parties appoint a mediator who is independent and impartial, and who must not be a judge or an
arbitrator.
There is currently no specific regulation governing mediation between private entities and individuals in Guinea.
However, mediations involving a public body and an individual are governed by organic law (that is, laws voted
on by Parliament that update and amend the Constitution). The mediator is appointed by the President of Guinea
in a Decree of the Council of Ministers for a term of seven years, a term that is not subsequently renewable. The
mediator is a high-ranking official who has served in public office for at least 30 years.
Conciliation
This is a process available to individuals and corporates where a conciliator, who meets with each party separately,
is appointed to help the parties settle their dispute. Conciliation is not permitted where the dispute is between a
public body and an individual. The parties can choose to use conciliation to try to resolve their dispute or the court
can refer parties to conciliation.
23
Guinea LEGAL STOP PRESS

In 2011, the government introduced a new mining code. This, together with the governments plans for a
variable royalty outlined at the beginning of 2013 and the mandatory percentage stakes taken by the State
in mining projects (which the State has the option to increase), have all contributed to the slowdown of
activity in Guineas mining sector.
24
Kenya
Key Facts
Anjarwalla & Khanna
Capital
Nairobi
Official languages
Swahili, English
Population
43.5 million
Currency
Kenyan shilling (KES)
Anjarwalla & Khanna is Kenyas

largest corporate law firm with offices
in Nairobi and Mombasa. It is a
member of the Africa Legal Network,
an alliance of independent top-tier
African law firms. Many of the firms
lawyers are recognised as leading
lawyers by the international legal
directories and the firm continues
to be praised for its ability to handle
complex transactions and provide
exceptional client service.
Aisha Abdallah
T +254 (0)703 032 000
E aa@africalegalnetwork.com
W www.africalegalnetwork.com
Aisha Abdallah is a partner in the

firms Litigation Group in Nairobi. She
is dual qualified as an advocate of the
High Court of Kenya and as a solicitor
of England and Wales. Aishas practice
covers all aspects of commercial
litigation and includes ADR. She has
extensive specialist experience of
commercial and property disputes
(including fraudulent land transactions
and landlord and tenant issues) as well
as of competition issues, employment
disputes and insolvency.
oVERVIEW
The Kenyan legal system is based on English common law. English
statutes and decisions up to and including 12 August 1897, when Kenya
was declared a British Protectorate, are binding on the Kenyan courts and
cannot be challenged. English law judgments delivered after 12 August
1897 are merely persuasive, although the trend has been to follow English
jurisprudence unless local circumstances require departure from this, for
example in land law.
The principal sources of law in Kenya are the Constitution, statutes and case
law. The Constitution of Kenya 2010 (2010 Constitution) is the supreme
source of law (ie it is binding on all persons and overrides any other
contrary legal provision or rule) and customary law is the lowest source
of authority (ie it provides guidance in civil cases provided that it is not
inconsistent with any written law). As in England, the litigation system in
Kenya is adversarial and each court has its own procedural rules.
25
Court structure
Supreme Court
Appellate jurisdiction in respect of decisions from the Court of Appeal concerning
the Constitution or matters of general public importance.
Exclusive original jurisdiction to hear and determine disputes relating to presidential elections.
May give an advisory opinion on any matter concerning any Kenyan countys legislation at the
request of the national government, any State body, or any county government.
Court of Appeal
Environmental
and Land Court
High Court
Industrial Court
Unlimited original jurisdiction in

civil and criminal matters.
Jurisdiction over interpretation
of the Constitution.
Original and appellate jurisdiction

to determine all disputes relating to
employment and labour relations.
Resident Magistrates Courts
Courts Martial
Criminal and civil jurisdiction

for small claims
Jurisdiction to prosecute offences under

Kenya Defence Forces Act 2012
Other courts/tribunals
established by Act of
Parliament
Original jurisdiction to determine

all disputes relating to the
environment and land.
Appellate jurisdiction in respect of
matters within its specialist jurisdiction.

The Foreign Judgments (Reciprocal Enforcement) Act, Cap 43 (Rev 2012) governs the enforcement of foreign
judgments originating from countries with which Kenya has mutual recognition arrangements, although certain
types of judgments are excluded, eg judgments in insolvency, matrimonial and tax proceedings. The countries with
which Kenya currently has reciprocal arrangements for the enforcement of judgments comprise Australia, England
and Wales, Malawi, Rwanda, Seychelles, Tanzania, Uganda and Zambia.
To enforce a foreign judgment, the judgment creditor must make an application to the High Court to register the
judgment. The judgment debtor will then have 14 days to set aside the registration, failing which the judgment can
be enforced in the same manner as a local High Court judgment. However, judgments against the government
(including injunctions and orders for specific performance) cannot be enforced except in constitutional cases
involving enforcement of the provisions of the Bill of Rights.
26
There are no statutory provisions for the enforcement of foreign judgments in the absence of reciprocity. This may
mean that parties have to commence fresh proceedings in Kenya to enforce a judgment.
Arbitration
The Arbitration Act 1995, based on the UNCITRAL Model Law 1985, provides the framework for domestic and
international arbitration, and local arbitral case law follows English case law on issues such as the availability of
interim relief.
The most popular arbitral institution is the Chartered Institute of Arbitrators (Kenya Chapter), which has its own
rules and members. Additionally, the recently enacted Nairobi Centre for International Arbitration Act 2013
establishes the new Nairobi Centre for International Arbitration. The most popular seats of arbitration are Nairobi,
London and Johannesburg. Nairobi is often selected as an arbitral seat by East African parties, even where neither
party to the dispute is a Kenyan body.
Domestic arbitration awards are enforceable upon registration of the final award at the High Court. Foreign awards
are enforceable pursuant to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(New York Convention), subject to the reciprocity reservation, ie that the award was made in another contracting
State to the New York Convention.

Chapter 21, Civil Procedure Act 2010 (CPA 2010) requires courts and tribunals to promote ADR. This includes
arbitration, mediation and conciliation. In addition to the arbitral institutions above, ADR providers include the
Dispute Resolution Centre and the Mediation Training Institute.
Mediation
Mediation is formally recognised, although not regulated, by the CPA 2010: the High Court has power, either on its
own motion or at the request of parties, to refer disputes to mediation or other forms of ADR. There are also draft
Court Mandated Mediation Rules, although these have not been expressly incorporated into the CPA 2010.
Conciliation
In employment law, the court can also refer trade disputes to conciliation. Conciliation is not formally recognised in
general legislation but, within employment law, this practice is well established.
27
Kenya Legal Stop Press

The 2010 Constitution has created a new legal landscape. It introduced a Bill of Rights that is designed to
protect civil, political, economic and social rights and elevates consumer rights to the level of fundamental
rights; it requires the integration of human rights into all legal and policy frameworks. It also provides for
structural reform of the legal system, including the establishment of a new Supreme Court, parliamentary
oversight of senior judicial appointments and ongoing vetting of judicial officers.
28
Morocco
Key Facts
Bennani & Associs LLP
Capital
Rabat
Official languages
Arabic and Berber
Population
32.8 million
Currency
Dirham (MAD)
Bennani & Associs LLP offers

cutting-edge business law expertise
to listed and unlisted companies as
well as public entities. The firm is
based in Casablanca and provides
legal solutions for Moroccan and
foreign companies seeking efficient,
committed business partners who
can offer informed advice adapted to
a clients specific needs and market
demands.
Mehdi Bennani is a founding partner
of Bennani & Associs LLP. He was
admitted to the New York Bar in
Mehdi M Bennani
T +212 522 95 96 00
E mbennani@bennaniassocies.com
W www.bennaniassocies.com
2001 after graduating from Hassan II

University School of Law (Casablanca)
and then receiving an LLM from
Harvard Law School in 1998. Mehdi
advises clients on M&A, joint ventures,
real estate, national and international
contracts as well as financing
transactions. He has worked for several
years with a number of prestigious US
law firms, including Curtis, MalletPrevost, Colt & Mosle LLP and Bryan
Cave LLP. His international experience
enables him to act on complex
international transactions. He is fluent
in French, English and Arabic.
oVERVIEW
The Moroccan legal system is based on a civil law regime that includes a
complete system of rules, largely codified, that are applied and interpreted
by judges. Case law has an interpretative and/or complementary role with
regard to legislation.
Court procedure is governed by Dahir (Royal Decree) No 1-74-447, which
approves the text of the Moroccan Code of Civil Procedure 1974 (CCP 1974),
as amended by Dahir No 1-11-149, BO No 5978, dated 15 September 2011.
29
Court structure
Supreme Court
Civil Chamber
Personal Status
and Succession
Chamber
(Family and probate)
Social Chamber
(Employment)
Criminal Chamber
Appeal Court
Financial Crimes Chamber

(Corporate crime
eg bribery, corruption,
money laundering)
Personal Status and

Succession Chamber
(Family and probate)
Proximity
Justice
(Civil
litigation not
exceeding
MAD 5,000)
Commercial
Chamber
Family
Chamber
Administrative
Chamber
Commercial
Appeal Court
Administrative
Appeal Court
Commercial Court
Administrative
Court
Criminal Chamber
First Instance Court
Civil
Chamber
Commercial
Chamber
Social
Chamber
Criminal
Chamber
(Employment)

In civil and commercial matters, judgments emanating from the courts of countries that are signatories to treaties
on judicial co-operation and enforcement are automatically recognised in Morocco (and therefore have the
authority of res judicata), subject to the judgment in question satisfying certain conditions, including the existence
of a bilateral treaty. Countries with which Morocco currently has bilateral treaties are Algeria, China, Egypt, France,
Germany, Kuwait, Poland, Romania, Senegal, Spain, Syria, Tunisia, Turkey, the United Arab Emirates and the United
States.
Judgments from countries that do not have reciprocal enforcement arrangements with Morocco are enforceable in
Morocco only after they have been recognised by the relevant First Instance Court in the judgment debtors home
State or in the place where the judgment will be executed, as relevant.
30
Arbitration
Arbitration in Morocco is governed by Law No 08-05, dated 30 November 2007, which amended Articles 306-327,
CCP 1974. It takes into consideration the various international organisations regulations and recommendations (eg
UNCITRAL, ICSID, etc), but allows parties to adapt the CCP 1974 to suit their dispute. It is preferable not to present
a dispute before a court and an arbitral tribunal at the same time. Disputes relating to personal rights and capacity,
decisions of public bodies and matters of tax law cannot be referred to arbitration.
Arbitration may be in the form of an ad hoc arbitration submitted to one or more arbitrators or to an institutional
arbitration, in which case the arbitration will be governed by the rules of the chosen institution. The most popular
arbitral institution in Morocco is the Moroccan Court of Arbitration. The most popular seat is Casablanca.
A domestic arbitral award must be recognised by order of the President of the Court in the territorial jurisdiction in
which the arbitral award was rendered before it can be enforced.
As regards the enforcement of international arbitral awards, Morocco has ratified the 1958 Convention on the
Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). To establish the existence of the
international award, the prevailing party must produce to the Moroccan judge the original (or true copy) arbitration
agreement or arbitration clause, and the award. If these are not in Arabic, they must be translated into Arabic by
a sworn translator approved by the Moroccan courts. The judge who receives the request for enforcement of the
award shall not address the substance or merits of the dispute, but only ensure that the award is not contrary to
national or international public policy under the New York Convention.

Mediation is provided for in Articles 327-55, CCP 1974. Matters that cannot be referred to mediation include
criminal matters, matters of public policy and disputes relating to personal rights (other than those rights that
relate to trade or commerce).
Disputes that are subject to a mediation agreement or mediation clause cannot be brought before the court until:
(1) the mediation process has been exhausted; or (2) the mediation agreement or mediation clause has been
annulled. The duration of the mediation is initially determined by the parties and must not exceed three months
starting from the date on which the mediator is appointed. The initial duration of the mediation may subsequently
be extended by the parties by common agreement. LawNo 08-05 does not limit the number of extensions the
parties can agree. Therefore, the parties may extend the duration of the mediation as many times as desired.
31
Morocco LEGAL STOP PRESS

Under Articles 166 and 171 of the 2011 Constitution, legislation relating to the Competition Board is
currently being amended. Draft Law No 20-13 (the Draft Law) will amend Law No 06-99, dated 5 June
2000, on freedom of pricing and competition. It will also establish the Competition Board as an independent
constitutional institution. Currently, the Competition Board only has advisory powers. However, if the Draft
Law is enacted, the Competition Board will have greater powers to enforce the current competition law in
Morocco, including the power to impose sanctions (eg fines). The Draft Law was recently put before the
Finance and Economic Development of the House of Representatives and it is anticipated that enactment
will occur towards the end of 2013 or in early 2014.
32
Mozambique
Key Facts
Capital
Maputo
Official languages
Portuguese, Makua-Lomwe,
Swahili, other indigenous
languages
Population
24.5 million
Fernanda Lopes
T +258 21 496 974
E fernanda.lopes@fernandalopes.com
W www.africalegalnetwork.com
Currency
Metical (MZN)

is a full-service corporate and
commercial law firm with a strong
presence in Mozambique and
an office in Lisbon. The firm has
particular expertise and knowledge
in the mineral resources, energy,
transport and infrastructure
sectors and regularly advises major
international corporations seeking
to operate in Mozambiques vibrant
investment climate. The firm is the
sole Mozambican member of the
Africa Legal Network.
Fernanda Lopes is the Managing

Partner of Fernanda Lopes &
Associados. She practises in both
Mozambique and Lisbon. Her private
law practice focuses on corporate
law and M&A, banking, infrastructure
projects, property, cross-border
matters and litigation across a range
of business sectors. On the public law
side, Fernanda has drafted legislation
on Mozambiques finance system
(enforced in 2002) and in relation
to procurement in the State of
Mozambique (enforced in 2005). She
is a member of the Portuguese Bar
Association and the Mozambican Bar
Association.
Overview
The civil law system adopted in Mozambique is derived from Roman law
and is based on the legislation published in the Official Gazette. Case law is
used to clarify any ambiguities on the face of the law or arising in relation to
the application of the law to the facts of a particular case. Court procedure
is governed by the Code of Civil Procedure 1961 (CPC 1961).
33
Court structure
Supreme Court
Appeal Courts
District
Courts
Provincial
Courts
Criminal
Courts
Family
Courts
Administrative
Courts
Tax
Courts

Mozambique does not have any reciprocal arrangements for the enforcement of foreign judgments and foreign
judgments are not automatically enforced.
Under the CPC 1961, foreign judgments (and arbitral awards) are subject to review and confirmation by the relevant
court in Mozambique. This involves the court analysing the foreign decision to make sure: (1) the document is
authentic; (2) the decision is understandable, logical, final and cannot be appealed; (3) the decision was made by a
competent court in accordance with the rules of that jurisdiction; (4) the case is not pending in another jurisdiction;
(5) the defendant has been summoned; (6) the decision is not contrary to the public policy of Mozambique; and
(7) in cases where the decision was made against a Mozambican, the decision is not contrary to the applicable
Mozambican law. Once the foreign judgment has been confirmed by the court it can then be enforced as if it were
a domestic judgment.
Arbitration
Disputes, other than those relating to excluded matters (see below), may be submitted to arbitration in accordance
with Articles 1 and 5 of the Law on Arbitration, Conciliation and Mediation, Law No 11/99, dated 8 July 1999
(LACM1999), which governs arbitrations in Mozambique (Article 68, LACM 1999) and is modelled on UNCITRAL.
The parties are free to establish the arbitration process and to appoint the arbitrators. Alternatively, the rules of
the Mozambique Centre for Arbitration and Conciliation (CACM) will apply. Since the LACM 1999 came in force,
arbitration has become popular and is seen as comparable to litigation as a mechanism for resolving disputes.
34
Matters excluded from arbitration include: (1) disputes for which the court has exclusive jurisdiction, eg disputes
relating to leasehold property, including the termination of leases; (2) disputes subject to a specialist arbitration
regime that has not been repealed by the LACM 1999, eg arbitration on public administration matters; and
(3)disputes relating to inalienable rights (Article 5(2), LACM 1999), eg criminal, family or tax matters.
Domestic arbitral awards are binding and enforceable in the same way as court judgments (Articles 43 and 49,
LACM 1999). As regards the enforcement of foreign arbitral awards, these are enforceable with the recognition of
the Supreme Court. However, this will depend on the existence of reciprocal arrangements between Mozambique
and the State in which the arbitral award was made. Although party to the 1958 Convention on the Recognition
and Enforcement of Foreign Arbitral Awards (New York Convention), Mozambique has reserved the right to apply
the New York Convention on the basis of reciprocity. If the arbitral seat is outside Mozambique, the award will not
be enforceable as a court decision made in Mozambique territory, since local arbitration law is only applicable to
arbitrations held in Mozambique territory (Article 68, LACM 1999).

The LACM 1999 also provides for mediation and conciliation. Neither of these processes is common in
Mozambique; it is customary for Mozambican parties in dispute to negotiate between themselves informally. If
a negotiated agreement cannot be reached, it is unlikely that formal mediation or conciliation would succeed so
the dispute is normally referred directly to litigation or arbitration. Both mediation and conciliation are entirely
confidential, ie evidence produced during the mediation or conciliation cannot later be used before a court or
arbitral tribunal.
Mediation
Mediation is governed by Article 60/2, LACM 1999. Mediation cannot be ordered by the court, but at the start
of a case the judge will ask the parties if they are open to mediation. If they agree, the court proceedings will be
suspended pending mediation. The mediator is appointed by the President of the CACM. If the parties do not
believe their dispute can be resolved through mediation, the court proceedings will continue.
If mediation is successful, the parties submit the agreement to the judge who will then accept it and conclude the
court proceedings. An agreement reached through mediation is binding. If, after a pre-agreed timeframe, the judge
has not received notification of an agreement, he or she will assume that mediation has been unsuccessful and the
court proceedings will resume.
Mediation, conducted by the CACM, is popular in the resolution of labour disputes.
Conciliation
Conciliation is governed by Article 60/3, LACM 1999 and involves the parties negotiating through communication
with each other and a third party. The conciliator, appointed by the President of the CACM, chooses the location
and timing for the discussions. A lawyer is not required, although the parties may choose to instruct one if they so
wish. If conciliation is successful, the parties sign an agreement, that is then binding.
35
Mozambique Legal Stop Press

The new Competition Law 10 of 2013 (Competition Law 2013) came into force on 10July 2013, and
approval for the accompanying rules is expected by early October 2013. The Competition Law 2013 applies
to most economic activities in Mozambique, whether conducted by private or public companies, establishes
merger control and prohibits anti-competitive practices. It also establishes an independent regulatory body,
the Competition Regulatory Authority, responsible for enforcing the Competition Law 2013. Breaches of the
Competition Law 2013 are currently punishable by fine or sanction; however, it is expected that they will
ultimately carry criminal liability.
The Competition Law 2013 increases the burden on corporates conducting business in Mozambique.
However, it is largely based on pre-existing European legislation so those used to conducting business in
Europe should already be familiar with most of the requirements. It remains to be seen how the Competition
Law 2013 will fit with the business model in Mozambique.
36
Nigeria
Key Facts
Udo Udoma & Belo-Osagie
Capital
Abuja
Official languages
English, Yoruba, Ibo, Hausa
Population
166.6 million
Currency
Naira (NGN)
Uzoma Azikiwe is a partner and

Head of the Litigation, Arbitration
and Alternative Dispute Resolution
team at Udo Udoma & Belo-Osagie.
He provides advice on maritime,
aviation, employment and energy
matters. His specialisations include
advising multinationals on oil, gas and
environmental matters, the provision,
manning and maintenance of vessels,
cabotage issues, telecommunications,
construction, administrative and
constitutional law. He trained as an
international commercial arbitrator
with several Nigerian and international
arbitration organisations, including the
ICC Institute of World Business Law,
the Chartered Institute of Arbitrators
in the UK and the Chartered
Uzoma Azikiwe
T +234 1 462 2307 10
E uzoma.azikiwe@uubo.org
W www.uubo.org
Institute of Arbitration in Nigeria. He

obtained a Diploma in International
Commercial Arbitration from St Annes
College, Oxford.
Udo Udoma & Co has evolved
from its initial focus on oil and
gas matters into a multi-specialist
full-service firm geared to facilitate
corporate and commercial business in
Nigeria and across Africa. The firms
corporate practice is supported by a
dedicated litigation and alternative
dispute resolution team, and by a
company secretarial department, Alsec
Nominees Limited, which provides
a full range of company secretarial
services.
Overview
Nigerias legal regime is a mixed legal system consisting of common
and customary law that co-exist in the manner of two rivers that flow
separately without mixing.
Court procedure is governed by various civil procedure rules, including
the High Court of Lagos State (Civil Procedure) Rules 2012, the Federal
High Court (Civil Procedure) Rules 2009, and the National Industrial
Court Rules 2007.
37
Court structure
Supreme Court
Court of Appeal
Industrial Court
High Court
Magistrates
Court
Other
Tribunals
Customary
Court of Appeal
Sharia
Court of Appeal
Customary
Court
Sharia/Alkali Court

All foreign judgments must be registered with the Nigerian court before they can be enforced. The enforcement
procedure will then depend on whether there is a reciprocal enforcement regime with the foreign jurisdiction in
question.
English judgments are enforced under the Reciprocal Enforcement of Judgments Act, Cap 175, Laws of the
Federation of Nigeria 1958. This applies only to English judgments and judgments from Her Majestys dominions; it
does not apply to Commonwealth judgments.
Judgments emanating from other foreign countries will be recognised where the Attorney General of the Federation
of Nigeria is assured of reciprocal enforcement arrangements in those States. Where a judgment originates from
a country with which Nigeria has no reciprocal enforcement arrangements, fresh proceedings (enforcement
proceedings) may be instituted in Nigeria and the foreign judgment relied upon in evidence.
38
Arbitration
The statutes that regulate arbitration in Nigeria include the Arbitration and Conciliation Act, Cap A18, Laws of
the Federation of Nigeria 2004 (ACA 2004), and the Arbitration Law of Lagos State (Law No 10 of 2009 of Lagos
State). Under Section 7(1), ACA 2004, the parties can specify the procedure for appointing arbitrators; for example,
the parties can mandate an institution to appoint the arbitrators or agree that the arbitration be conducted under
the rules of a chosen institution.
The most popular recognised arbitral institutions in Nigeria are the Chartered Institute of Arbitrators UK (Nigeria
Branch) and the Regional Centre for International Commercial Arbitration, Lagos. The most popular international
arbitral institutions are the International Chamber of Commerce Court of Arbitration (ICC), the London Court of
International Arbitration (LCIA) and the Regional Centre for International Commercial Arbitration (RCICA). The
most popular arbitral seat is Lagos.
Nigeria is a signatory to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(New York Convention), which is incorporated into the ACA by Section 54(1). For domestic arbitral awards and
awards from a New York Convention country, the party applying to enforce an award applies in writing to the High
Court and is required to file a duly authenticated original award, or a certified copy of it, together with the original
arbitration agreement (Section 51, ACA 2004).
Mediation
Mediation is governed by either the contract between the parties or the relevant civil procedure rules. For example,
under Order 3 (Rule 11) and Order 25 (Rule 6) of the Lagos State High Court (Civil Procedure) Rules 2012, the court
is empowered to refer appropriate cases to the Lagos Multi-Door Court House (established in 2002 as a publicprivate partnership between the High Court, Lagos State and the Negotiation and Conflict Management Group) or
any other appropriate ADR institution for resolution.
Labour disputes can be referred to mediation for resolution under the Trade Disputes Act, Cap T8, Laws of the
Federation of Nigeria 2004.
Conciliation
Conciliation is governed by Section 55, ACA 2004. Section 55 enables parties to an international commercial
agreement to agree to settle their disputes by conciliation under the conciliation rules in the Third Schedule, ACA
2004.
39
Nigeria Legal Stop Press

There are various views as to the validity, or otherwise, of arbitration statutes enacted by some Nigerian
States depending on how one interprets the Constitution of the Federal Republic of Nigeria 1999. This has
prompted various stakeholders to lobby the National Assembly to pass an Act establishing an Arbitration
Commission to regulate arbitration and encourage foreign parties to arbitrate in Nigeria. This is in the face
of opposition from other stakeholders who believe the resultant Bill the National Alternative Dispute
Resolution Regulatory Commission Bill 2011 is unnecessary, unconstitutional and offends the principles
of ADR. Objectors argue that to regulate ADR in the public domain offends the principles on which ADR is
based, ie that it should be private. There is also debate over whether increased regulation would encourage
(or discourage) foreign investors to submit disputes ADR in Nigeria.
40
Tanzania
Key Facts
ADEPT Chambers
Capital
Dodoma
Official languages
English, Swahili
Population
44.9 million
Currency
Tanzanian shilling (TZS)
ADEPT Chambers is a leading fullservice corporate and commercial law

firm operating in mainland Tanzania
and Zanzibar. The firm adopts a
practical, commercially vigilant
approach to problem solving and
strives to develop long-term client
relationships. It is consistently ranked
by international legal directories as one
of the leading law practices in Tanzania.
Dr Frederick Ringo is Managing
Partner of ADEPT Chambers. He has a
broad corporate and commercial law
practice, including banking, finance,
Frederick Ringo
T +255 22 212 0954/6
E frederick.ringo@adeptchambers.com
W www.adeptchambers.com
project finance, tax matters, and

public-private partnerships. Formerly,
he has been a senior lecturer in
commercial law at the University of
Dar-es-Salaam; Director of Studies
at the Tanzania Institute of Bankers;
a member of the Dar-es-Salaam
Stock Exchange Council; Principal
Legal Counsel to the Parastatal
Sector Reform Commission, where he
advised the Government of Tanzania
on the privatisation of several State
corporations; and Chief Legal Counsel
of the Cairo-based African Export
Import Bank (Afreximbank).
Overview
The United Republic of Tanzania consists of the Tanzania mainland and
Zanzibar. The legal system is based on the English common law system,
although the law is a combination of English, East African and Islamic laws.
The Constitution of the United Republic of Tanzania 1977 is the primary
source of Tanzanian law.
Court procedure is governed by several pieces of legislation, including the
Civil Procedure Act (Cap 33) 1967, the Criminal Procedure Act (Cap 20)
1985, the Judicature and Application of Laws Act (Cap 358) 1920 and the
Magistrates Courts Act (Cap 11) 1984, all of which were amended in 2002.
41
Court structure
Court of Appeal
TANGANYIKA
ZANZIBAR
High Court
High Court
Commercial
Court
Labour Court
Land Court
Resident Magistrates Courts
Magistrates Courts
Kadhis Appeal Court*
Primary Courts
Kadhis Court*
* Zanzibar retains Islamic courts, ie the Kadhis courts, which

adjudicate Muslim family cases.
District Courts
Military Court

Tanzanian courts are receptive to the enforcement of foreign judgments. These will be enforced where there is a
reciprocal enforcement agreement with the State in which the foreign judgment was given or where the judgment
is registrable. A judgment is registrable if it is final in the foreign country in which it was awarded and that country
is listed in the relevant Schedule to the Foreign Judgments (Reciprocal Enforcement) Act (Cap 8) (RE: 2002) as a
Scheduled Country. Most Scheduled Countries are African countries that have reciprocal enforcement agreements
with Tanzania. If a judgment is not registrable then fresh proceedings (enforcement proceedings) must be started in
Tanzania with the original foreign judgment submitted as evidence.
42
Arbitration
The Arbitration Act 1971 (AA 1971) governs enforcement of domestic and international arbitral awards. Schedule2,
AA 1971 applies the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards to which
Tanzania became a signatory in 1965. The AA 1971 governs enforcement, rather than arbitral procedure, and
permits parties to select the rules (eg ICC, LCIA etc) that best suit their circumstances and disputes. There is also a
proposed draft Tanganyika Law Society Bill to amend the AA 1971. This has been with the Attorney General since
2006 and the details are not yet in the public domain. The impact on domestic and international parties therefore
remains to be seen.
The ICC, LCIA, Swiss Arbitration Association and ICSID are the most popular choices of arbitral institutions and
rules, although parties are free to agree to use local arbitral rules. Traditionally, London, Paris and Geneva have been
the most popular seats of arbitration, but increasingly arbitrations are taking place in local African jurisdictions due
to the increasing cost of, and visa difficulties that arise in relation to, European arbitrations.
Domestic and foreign arbitral awards are enforced by filing an application in the High Court and giving notice of the
application to the other party.
Court-annexed mediation
This is where a neutral third party facilitates negotiations between the parties to help them settle. The mediation
session is informal and confidential, which means discussions between the parties cannot subsequently be referred
to in court. Court-annexed mediation is compulsory in all litigation proceedings. After pleadings have been filed
in court, the court orders the parties to mediate. If mediation is not successful, then the proceedings will resume.
However, if an agreement is reached, the settlement agreement is filed at court and becomes enforceable under
the Civil Procedure Code (Cap 33, Order VIIIA).
Expert determination
Expert determination is only available for construction and insurance disputes. It is not commonly used overall and
the decisions are not enforceable.
43
Tanzania LEGAL STOP PRESS

Following Dowans v TANESCO on appeals against foreign arbitrations and enforceability, the AA 1971 is
being reviewed by the Law Society. In Dowans, the defendant, TANESCO, applied to the High Court to have
an ICC arbitration award set aside. The High Court dismissed the application, stating that once parties had
submitted themselves to the arbitral process one party could not challenge an arbitral award simply because
it did not yield a favourable result; it could do so only if the arbitral award contained an error. This judgment
clarified an area not currently regulated by the AA 1971.
A revised Arbitration Act is expected soon that should increase the confidence of multinational parties
engaged in arbitration against Tanzanian bodies in the enforceability of international arbitral awards.
44
Uganda
Key Facts
MMAKS Advocates
Capital
Kampala
Official languages
English, Luganda
Population
35.6 million
Currency
Ugandan shilling (UGX)
Ernest Sembatya Kaggwa is a

partner in the Litigation team at
MMAKS Advocates. He specialises in
debt recovery and related litigation,
representing banks and corporate
entities. Ernest also advises on
employment matters, land transactions
and product liability issues. In addition,
he handles company secretarial
matters and acts as company secretary
for a number of corporates. He is an
Advocate of the High Court and a
member of the Uganda Law Society
and the East African Law Society.
In 2010, Ernest was seconded to
Ernest Sembatya Kaggwa

T +256 414 259 920
E sembatya@mmaks.co.ug
W www.mmaks.co.ug
Stephenson Harwood LLP and Essex

Court Chambers in London.
MMAKS Advocates is a highly
specialised corporate and commercial
law firm with particular expertise
in banking and finance, real estate,
mergers and acquisitions, capital
markets, employment and intellectual
property work. It has been consistently
ranked as a leading commercial law
practice by Chambers Global. It is
also ranked as a Tier 1 firm by IFLR
1000, The Guide to the Worlds Leading
Financial Law Firms.
Overview
The Ugandan legal system is based on the Constitution of 8 October 1995
(1995Constitution), statute, rules of common law, equity and customary
law. Customary law is derived from the customs and cultures of the
various tribes in Uganda (some customs are particular to one tribe but not
another) and is recognised and enforceable so long as it is consistent with
the 1995 Constitution and is not contrary to equity and good conscience.
Court procedure is governed by the Civil Procedure Rules SI 71-1 1964, as
amended in 1994 and 1998.
45
Court structure
Supreme Court
Court of Appeal
High Court
Chief Magistrates Court

Can hear any dispute relating to damage to property, trespass or conversion, any
dispute not exceeding UGX 50 million and any matter governed by civil customary law.
Appellate jurisdiction and enhanced powers (eg can pass any sentence except a death
sentence) over the Grade I and Grade II Magistrates Courts.
Grade I Magistrates Court
Grade II Magistrates Court
Criminal jurisdiction: any matter except those where

the maximum penalty is death or life imprisonment.
Civil jurisdiction: limited jurisdiction for matters governed by
civil customary law and matters where the value
does not exceed UGX20 million.
Jurisdiction for matters situated in the county headquarters.

Criminal jurisdiction: any criminal matter in the
First Schedule to the Magistrates Court Act
(eg deception of witnesses and abuse of office)
Civil jurisdiction: matters where the value
does not exceed UGX500,000.

The procedure for the enforcement of foreign judgments is set out in the Reciprocal Enforcement of Judgments
Rules SI 47-1 (SI 47-1) and the Reciprocal Enforcement of Judgments Act, Cap 47 (REJA). The High Court has
jurisdiction for their registration.
The SI 47-1, in compliance with the REJA, applies only to judgments issued by the courts in England and Wales,
Scotland, the Republic of Ireland, or in a part of the Commonwealth to which the REJA has been applied. Pursuant
to the Foreign Judgments (Reciprocal Enforcement) (General Application) Order 2002 (FJ(RE)(GA)O 2002), the
applicability of the REJA was extended to include Botswana, Lesotho, Mauritius, New South Wales, Australia, the
Seychelles, Sri Lanka and Swaziland.
The judgment creditor makes an ex parte application to court (a Notice of Motion) supported by an affidavit
seeking leave to register a foreign judgment, to which a certified copy of the judgment is attached. The court then
46
issues a permission order, specifying the period within which an application to set aside the judgment can be
made, on the judgment debtor. If the judgment debtor does not contest the order, the judgment is registered and
executed as a judgment of the High Court of Uganda.
The law does not provide for the enforcement of foreign judgments where that judgment is issued by a State that
does not have reciprocal arrangements with Uganda. In these cases, enforcement proceedings relying on a foreign
judgment must be begun in Uganda.
Arbitration
Domestic and international arbitrations are governed by the Ugandan Arbitration and Conciliation Act 2000 (ACA
2000), which is based on a modified version of the UNCITRAL Model Law 1985 (UNCITRAL Model). The UNCITRAL
rules are the most popular of the recognised arbitral institutions, perhaps because the ACA 2000 is based on the
UNCITRAL Model. For reasons of cost, Ugandan parties tend to prefer to hold arbitrations in Kampala.
Domestic and international arbitral awards are binding and the Magistrates and High Courts have the power to
enforce awards following written application by the parties or if the time period for an application to set aside the
award has elapsed (Sections 35-36, ACA 2000). The award is construed as an order of the court and the ordinary
methods of execution apply. There are no grounds listed in the ACA 2000 for refusing enforcement of an award
and, when the time for making an application to set aside has expired or an application has been made and has
been refused, an award will be enforced by the court in the same manner as a judgment of the court.
Uganda is party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (New York Convention) and Part III, ACA 2000 deals with enforcing New York Convention awards. New
York Convention awards that would be enforceable under the ACA 2000 are treated as binding for all purposes
on the persons between whom they are made and can be relied upon by those persons by way of defence, setoff, or otherwise in legal proceedings in Uganda (Section 41, ACA 2000). New York Convention awards must be
recognised and enforced in accordance with Section 35, ACA 2000. The grounds for refusal of recognition and
enforcement in Article V of the New York Convention are not replicated in the ACA 2000, but can nonetheless be
relied upon by a party to resist recognition and enforcement of a New York Convention award.
Conciliation
Sections 48-66, ACA 2000 recognise conciliation, which is akin to mediation, as a form of alternative dispute
resolution. One party must invite the other, in writing, to engage in conciliation and conciliation starts if and when
the second party accepts that invitation, also in writing, and within 21 days of the initial invitation. The parties
select and appoint a conciliator (there is usually only one conciliator but may be up to three). The parties each
submit a written statement of the dispute for the conciliator(s) to consider, copies of which will also be sent to the
other party. Communications can be in writing or made orally, as requested by the conciliator, taking into account
47
the parties preferences and the nature of the dispute, and will be conducted at a location and within a timeframe
determined by the conciliator.
The process is entirely confidential and the conciliator is guided by the principles of fairness and justice, giving
consideration to, among other things, the rights and obligations of the parties, trade custom and the circumstances
surrounding the dispute (including any previous business dealings between the parties). The conciliator and/or the
parties can make recommendations for settlement of the dispute at any stage but the conciliator has no power to
make awards or issue orders or directives. If settlement is reached, the conciliator puts the agreement in writing
and, once signed by the parties, it is final and binding.
Court-ordered determination
The Judicature Act (Chapter 13) 1996 (JA 1996) provides for court-ordered determination, either of the courts own
motion or with the parties consent.
Section 26, JA 1996 empowers the court in appropriate cases, but not in criminal matters, to refer an issue to an
official or special referee for investigation. The report of such official or special referee may then be wholly or partly
adopted by the court and, if so adopted, enforced as a judgment or order of the court.
Section 27, JA 1996 empowers the court, other than in criminal proceedings, to refer matters to a referee or
arbitrator who will be deemed for these purposes to be an officer of the court and whose decision can then be
adopted as a judgment or order of the court. However, in this instance, the parties consent is required. In addition,
the issue must be one that would either: (1) ordinarily require prolonged examination of documents or involve a
forensic or legal investigation that could not conveniently be conducted by the court; or (2) be wholly or partly an
accounting dispute.
Mandatory mediation
The Judicature (Commercial Court Division) (Mediation) Rules SI 55 2007 provide for mandatory mediation before
litigation in the Commercial Court Division of the High Court, regardless of the subject matter or nature of the
dispute. Mediation is either facilitative in which case it is conducted by the Registrar of the Court or a courtaccredited mediator (who is usually an advocate) or evaluative in which case it is conducted by a judge of the
Commercial Court (who would not sit in any subsequent litigation). The parties are free to choose which of the two
forms of mediation they prefer. In other divisions of the High Court, mediation is not mandatory and a party can
choose not to go through the process.
48
Uganda LEGAL STOP PRESS

Following on from the Ugandan Governments 2008 National Oil and Gas Policy, two Bills were drafted to
protect Ugandas economy, society and environment from the adverse effects of the petroleum industry.
The Petroleum (Exploration, Development, and Production) Act 2013 (P(EDP)A 2013) is concerned with
upstream petroleum activities. It increases licence fees, introduces stricter regulation of mining companies
(eg when applying for mining licences) and permits the Minister to revoke mining and exploration licences
(eg for those who do not keep to exploration schedules or where shares in the company are sold and
the Minister believes that the public interest would be prejudiced by such a sale). P(EDP)A 2013 affords
preference to goods produced or available in Uganda and services rendered by Ugandan citizens and
companies or, where such goods or services are not available in Uganda, those provided by a company that
has entered into a joint venture with a Ugandan company.
The Petroleum (Refining, Gas Processing and Conversion, Transportation and Storage) Act 2013 came
into force on 5 April 2013, repealing the Petroleum (Exploration and Production) Act 1985, and governs
downstream petroleum activities. It gives effect to Article 244 of the 1995 Constitution and is designed to
make the petroleum industry more transparent and competitive through, for example, increased regulation
and improved health and safety requirements.
49
Contributing firms
50
Useful information
Contributing jurisdictions in bold
BITS BETWEEN UK AND AFRICA

Algeria
DR Congo
Mauritius
South Africa
Angola
Egypt
Morocco
Swaziland
Benin
Gambia
Mozambique
Tanzania
Burundi
Ghana
Nigeria
Tunisia
Cameroon
Kenya
Senegal
Uganda
Cte dIvoire
Lesotho
Sierra Leone
Zimbabwe
AFRICAN SIGNATORIES TO THE NEW YORK CONVENTIOn

Algeria
Ghana
Mauritius
South Africa
Botswana
Guinea
Morocco
Tanzania
Burkina Faso
Kenya
Mozambique
Tunisia
Cameroon
Lesotho
Niger
Uganda
Central African Republic
Liberia
Nigeria
Zambia
Cte dIvoire
Madagascar
Rwanda
Zimbabwe
Djibouti
Mali
So Tom and Prncipe
Gabon
Mauritania
Senegal
AFRICAN SIGNATORIES TO THE ICSID CONVENTIOn

Algeria
DR Congo
Malawi
Seychelles
Benin
Egypt
Mali
Sierra Leone
Botswana
Ethiopia
Mauritania
Somalia
Burkina Faso
Gabon
Mauritius
South Africa
Burundi
Gambia
Morocco
Sudan
Cameroon
Ghana
Mozambique
Swaziland
Cape Verde
Guinea
Namibia
Tanzania
Central African Republic
Guinea-Bissau
Niger
Togo
Chad
Kenya
Nigeria
Tunisia
Comoros
Lesotho
Rwanda
Uganda
Congo-Brazzaville
Liberia
So Tom and Prncipe
Zambia
Cte dIvoire
Madagascar
Senegal
Zimbabwe
51
Our Africa practice
We have been at the forefront of transactions in Africa for a number

of decades and have considerable knowledge of working in this diverse
continent. Over the years, we have developed close relationships with many
of the leading law firms across the different regions of Africa and continue
to forge closer relations with these firms through training programmes
and secondments. We have substantial experience, encompassing many
different sectors and on all types of transactions including M&A, projects
and project financing, capital markets and dispute resolution.
Our Africa initiatives

We have a number of Africa initiatives that have been implemented at
the Firm.
The first is our Africa Day, an annual half-day seminar on the subject of
doing business in Africa. The aim of the seminar is to provide participants
with a better understanding of conducting business in Africa, taking into
account a range of factors including the broad legal and commercial
environment.
We have established a regional training programme, Practical and Legal
Education, African Symposium (PLEASe) in conjunction with our European
Best Friend firms and a number of our multinational clients with significant
operations in Africa. Leading law firms from African jurisdictions attended
the inaugural two-day seminar held in Botswana in October 2012.
Training was given on a broad range of legal topics to share know-how and
experiences.
As a follow-up to PLEASe, participants have been invited to participate
in an ongoing e-Support initiative that assists law firms with ad hoc legal
queries and provides know-how and training on a variety of topics.
We have seconded a lawyer to a firm in Ghana and have, in turn, had
lawyers from the Government of the Republic of Botswana and law firms
from different African countries undertake secondments with us.
52
Our experience Highlights
Highlights of our work include advising:
the South African Government on the reform of South Africas

Companies Act and business registration legislation
GlaxoSmithKline in relation to investigations by the UK (SFO)

and US (SEC and Department of Justice) law enforcement
bodies into the supply of goods into Iraq under the UN Oil for
Food programme the matter concerned allegations of bribery,
breaches of financial sanctions and money laundering, and
involved investigations in Egypt, South Africa, Jordan, Lebanon,
Iraq, UAE and Cyprus
European Investment Bank, the African Development Bank and

a syndicate of 14 banks, on the debt package in relation to the
Mostorod Oil Refinery Project, the largest ever project financing
in Africa, comprising USD 2.6billion in debt and a further USD1.1
billion in equity
an oil and gas company on the boundary dispute between Ghana

and Cte dIvoire
an industrial engineering company in Libya in relation to a

dispute under a drilling rig sub-contract relating to the Sirte Basin
the Government of Botswana in relation to its new 10-year

agreement with De Beers for the sorting, valuing, marketing and
sales of Debswanas diamond production
Kosmos Energy in relation to a number of disputes subject

to ICSID and ICC arbitration regarding the exploitation and
enjoyment of certain interests in offshore oilfields in Africa,
including advising on related petroleum agreements and oil rig and
contractor contracts
a FTSE-100 company on political risk insurance relating to a major

energy project in Angola.
Its best friends network

of relationships with leading
practices worldwide ensures a
place on many of the most complex
cross-border transactions.
Chambers Global, 2012 (Global-wide)
The top performer in terms of quality

of legal and commercial advice,
personal/partner relationships, and
service delivery and responsiveness.
Legal Weeks Client Satisfaction Report, 2012
53
Partner contacts
Nick has a broad-ranging international arbitration and litigation

practice, representing clients, including leading corporates and banks,
sovereign governments and international organisations, in complex,
high-value, multijurisdictional disputes. He also sits as an arbitrator
in major international disputes. Areas of particular expertise include
energy, energy-related commodities and banking disputes.
Nick Archer
Dispute Resolution
T +44 (0)20 7090 4073
E nick.archer@slaughterandmay.com
Nick regularly co-ordinates litigation across multiple jurisdictions as

well as advising on asset-tracing cases, the obtaining of injunctive
relief in various jurisdictions and the enforcement of judgments and
arbitration awards through foreign courts. Nick is a member of the
International Bar Association and the Indian Council of Arbitration.
Nigels extensive practice includes domestic and international

corporate finance, M&A, joint ventures, IPOs, demergers, private
acquisitions and disposals, private equity, public takeovers, issues of
compliance and corporate governance, investigations and insolvency,
restructurings, investigations and sports law.
Nigel Boardman
Mergers and Acquisitions
T +44 (0)20 7090 3418
E nigel.boardman@slaughterandmay.com
CRAIG CLEAVER
Corporate and Commercial
T +44 (0)20 7090 3013
E craig.cleaver@slaughterandmay.com
54
Nigel is a contributor to Modern Company Law for a Competitive

South African Economy, the Prospectus for the Public Offering of
Securities in Europe and The European Company, and is a consulting
editor of the Oxford University Press Annotated Companies Acts.
He led the team that produced the Slaughter and May Review of
Corporate Governance at the Rugby Football Union.
Craig has a general commercial, corporate finance and financing

practice with particular experience in public takeovers, private
acquisitions and disposals, demergers and joint ventures. Craig
also has experience in a range of insurance work for mutual
and proprietary companies and has advised on large-scale
demutualisations. In addition, he has worked extensively on
outsourcing and other commercial contracts. Craig is a member of the
International Bar Associations Corporate and M&A Law Committee.
Steven has a broad financing, infrastructure and energy practice

including extensive experience in projects and project financing,
infrastructure acquisitions and investments, and acquisition financing.
His clients include major development, oil and gas and operating
companies, and private equity, banks and state-owned enterprises.
Steven Galbraith
Infrastructure, Energy and Natural Resources
T +44 (0)20 7090 3099
E steven.galbraith@slaughterandmay.com
Helen has a wide range of corporate and commercial expertise, with

an emphasis on infrastructure and energy projects and financing.
She also advises a number of corporate clients on financing matters
generally, such as syndicated loans, note placements and the recovery
of assets from insolvent banks.
Helen Griffiths
Infrastructure, Energy and Natural Resources
T +44 (0)20 7090 3397
E helen.griffiths@slaughterandmay.com
John has a broad corporate and corporate finance practice. He has

particular experience in public and private M&A and equity capital
markets. John spent nine months on secondment to the legal
department of Goldman Sachs International in 2004 focusing on
equity capital markets and private equity matters.
John is a contributing author to City & Financial Publishings A
Practitioners Guide to the Financial Services Authority Listing Regime
2012/2013.
JOHN PAPANICHOLA
Mergers and Acquisitions
T +44 (0)20 7090 3031
E john.papanichola@slaughterandmay.com
55
Andy is active in all fields of corporate and commercial law, with a

particular emphasis on corporate acquisitions and disposals, public
takeovers and mergers, stock exchange matters, private equity deals
and equity capital markets transactions.
ANDY RYDE
T +44 (0)20 7090 3480
E andy.ryde@slaughterandmay.com
He is the author of a chapter on share dealings in the Practitioners

Guide on Takeovers and Mergers. Andy is also the author of a chapter
on UK Corporate Governance in The Corporate Governance Review.
Richard has a broad corporate and corporate finance practice with

particular experience in public and private M&A and equity capital
markets work. He has developed specialist expertise in the utilities,
insurance and banking sectors.
Richard Smith
T +44 (0)20 7090 3386
E richard.smith@slaughterandmay.com
56
In 2010, Richard was seconded to the investment banking division

legal team at Goldman Sachs International where he was involved in a
large number of equity capital markets and M&A transactions across
Africa, Europe and the Middle East.
James handles the full range of international commercial arbitration

and litigation work. He has conducted arbitrations under the rules of
all the major arbitral institutions, including ICC, LCIA and UNCITRAL.
Other fields of expertise include global investigations and contentious
tax disputes.
James advises clients from a wide variety of business sectors, for
example in the fields of infrastructure, energy and nuclear power, as
well as major financial institutions. He frequently represents clients in
relation to proceedings involving multiple jurisdictions.
James Stacey
Dispute Resolution
T +44 (0)20 7090 4124
E james.stacey@slaughterandmay.com
David moved to our Hong Kong office in the summer of 2011, before
which he was based in our London office. David is admitted as a
solicitor in England and Wales and Hong Kong.
Davids principal areas of practice include M&A (of both public and
private companies), general corporate finance and equity capital
markets. He spent two years on secondment to The Panel on
Takeovers and Mergers (London) from January 2006 to January 2008,
as Secretary regulating some of the most high profile public M&A
transactions to have taken place in recent years.
DAVID WATKINS
Mergers and Acquisitions, Hong Kong
T +852 2901 7278
E david.watkins@slaughterandmay.com
57
London
One Bunhill Row
London EC1Y 8YY
United Kingdom
Brussels
Square de Mees 40
1000 Brussels
Belgium
T +44 (0)20 7600 1200

F +44 (0)20 7090 5000
T +32 (0)2 737 94 00

F +32 (0)2 737 94 01
Slaughter and May 2013
Hong Kong
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One Connaught Place
Central
Hong Kong
T +852 2521 0551
F +852 2845 2125
Beijing
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Beijing 100004
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T +86 10 5965 0600
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Africa Profile Disputes Focus

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Africa Profile Disputes Focus

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Africa Profile

Detail from Sea Hook by Trevor Bell

Doing business in Africa How investors can

Our Africa practice

Our experience Highlights

Collective GDP in 2020

Africa Profile Disputes Focus

A warm welcome to our Africa Profile: Disputes Focus, which presents an

What attracted you to the law?

What inspired you to go into government work?

What attracted you to the bench?

What were the most interesting aspects of your

You were Botswanas first Judge President of the

It was all a bit much to cover all the bases a

What is the most testing situation you have faced in

Doing business in Africa How investors can protect

INVESTMENT PROTECTION THE OPTIONS

Bilateral Investment Treaties

A Bilateral Investment Treaty (BIT) is an international treaty between two

The most common investment protections offered to

protection against expropriation of the investors

free transfer of funds, which guarantees that the

full protection and security, which requires the

Over 400 BITs exist between African countries and

terms of the substantive protection they offer and in

Foreign investment legislation

Where there is no BIT in place, it may be possible

ARBITRATION THE OPTIONS

ICSID awards are final and binding. The ability

if a State were to fail to comply with an award, this

the Convention provides for its own enforcement

ICSID administers and provides facilities for the

Only Contracting States and nationals of Contracting

BITs will generally contain an offer by the

in the absence of a BIT, the investor should

arbitration proceedings pursuant to the ICSID

BITs and foreign investment legislation will typically

Established in 1974, Armstrongs is

Sipho Ziga is a partner and Head

Enforcement of foreign judgments

Other forms of dispute resolution

BOTSWANA LEGAL STOP PRESS

John W Ffooks & Co

John W Ffooks & Co is a multilingual

John Ffooks is the Senior Partner of

Enforcement of foreign judgments

Other forms of dispute resolution

Congo-Brazzaville LEGAL STOP PRESS

Ace Anan Ankomah

Ace Anan Ankomah is Managing

Bentsi-Enchill, Letsa & Ankomah

Limited criminal jurisdiction,

Civil and criminal jurisdiction

Civil and criminal jurisdiction

Civil and criminal jurisdiction

Civil and criminal jurisdiction

Enforcement of foreign judgments

Other forms of dispute resolution

Industrial and labour disputes

Ghana LEGAL STOP PRESS

John W Ffooks & Co

John W Ffooks & Co is a multilingual

John Ffooks is the Senior Partner of

Court of First Instance