About

Number of years practice:
34
Principal practice areas:
International arbitration
Languages spoken: English

What is the geographical focus of your practice in Africa?

Pan-African practice; I have a particular focus in Anglophone and Arabaphone Africa. I have worked on arbitrations across a wide range of jurisdictions, including Angola, Botswana, the DR Congo, Egypt, Kenya, Nigeria and South Africa.

Please describe the most important matters you
have worked on in the African market in the last
two years, including your role and the significance of the matter (if any) to the development of business and law.

I am an international arbitration specialist with experience in investment protection and commercial arbitration across a variety of sectors, including the energy, mining, oil and gas, and infrastructure sectors.

A selection of recent work in Africa includes advising Shell, Exxon, Eni and Total in an ad hoc arbitration under Nigerian law with Nigeria National Petroleum Corporation, concerning disputes arising out of a petroleum sharing contract (including cost oil, investment tax credits and royalties), with partial award of US$1.4bn and enforcement in New York.

I have advised Shell Nigeria Ultra Deep in an ICSID arbitration against the Federal Republic of Nigeria, brought under the Netherlands-Nigeria BIT, concerning expropriation of an oil exploration licence.

I have also advised Damac entities in BIT proceedings against the Arab Republic of Egypt, concerning the expropriation of investments relating to several luxury residential, hotel and shopping complexes, as well as Arrowhead Resources Limited in an ICSID investment dispute with the Arab Republic of Egypt arising under the Australia-Egypt BIT.

Lastly, I advised Pacific Wildcat Resources and its subsidiaries Cortec Mining Kenya, Cortec (Pty) and Stirling Capital in an ICSID investment treaty arbitration against Kenya.

What differentiates your practice from that of other private practice lawyers?

The differentiating factor is my long history of working in Africa and the diversity of disputes I have worked on. A very important part of my practice concerns disputes originating on the African continent, including cases as counsel in connection with marketing of diamonds from Angola, power supply in Botswana, hotel development in Egypt, rare earth exploration in Kenya, production sharing agreements in Nigeria, and rig decommissioning in South Africa. I have sat as an arbitrator in cases concerning an agent’s commission in Libya, and a mine expansion in Mozambique.

Why has Africa been a particularly strong focus for you?

Africa has been a particularly strong focus because there is a significant correlation with my experience in oil and gas and mining.

What changes have you seen in the appetite for Africa-based ventures and investments over the last five years?

There has been a very significant increase in investment in some countries, but not all. Nigeria in particular stands out.

Are there any aspects of the African legal market that you would like to see change?

Arbitration in Africa will inevitably improve as practitioners get more experience, often by
co-counselling with foreign specialists. African parties should have the confidence to appoint African arbitrators, who will then get international exposure and encourage others. I would like the
stop of inappropriate and disproportionate intervention in international arbitration by the government and judiciary in some countries.

What megatrends do you think will shape the African market over the coming five years? How (if at all) will these trends affect your practice?

International trade will increase, because population growth in Africa will fuel consumer demand, but the ability of African economies to manufacture and export more sophisticated goods and services will also improve. The global demand for minerals will continue to have a deleterious effect on some of those in power. These factors will lead to an increase in disputes and the need to have arbitration specialists.