Partner, head of the Africa and India groups | Stephenson Harwood
Kamal R Shah
Partner, head of the Africa and India groups | Stephenson Harwood
Number of years practice: 20
Principal practice areas: Dispute resolution – arbitration, litigation, fraud and asset tracing
Languages spoken: Gujarati, Kiswahili, Hindi, French
What is the geographical focus of your practice in Africa?
A pan-African practice extending to all areas of the continent.
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.
Included in these is the firm’s work advising the Nigerian National Petroleum Corporation (NNPC) in a long running dispute. I led the team working on the 14-year dispute between the NNPC and international construction company IPCO (Nigeria). This saw us recognised as the disputes and litigation team of the year through the industry press.
In addition, I have been involved in continuing to advise the Egyptian Government on its search and recovery of assets misappropriated under the Hosni Mubarak Regime, advising the respondent in relation to disputes arising out of the Tatu City project in Kenya which is of national importance.
Advising various families in shareholder disputes which are cross border and involving multiple jurisdictions. These are always very tricky and sensitive.
Additionally, I have been advising various West African Government entities on fraud and corruption investigations and liaising with the UK authorities, advising one of East Africa’s largest conglomerates on issues around corporate espionage and defamation and related matters. I am also advising five of Africa’s Forbes 50 wealthiest individuals on a number of disputes; it is fascinating to hear their backgrounds and stories and to get to know them.
Lastly, I am advising pro bono a Somali refugee against an enormous organisation and successfully getting him what he wanted through mediation. Probably my most satisfying result ever.
What differentiates your practice from that of other private practice lawyers?
My practice is acting largely for domestic African companies, banks, governments and individuals. Most competitors act for international companies investing into Africa.
Why has Africa been a particularly strong focus for you?
I was born and raised in Africa (Kenya) and therefore I believe I have a unique selling point on the cultural, linguistic and understanding side. It is home, and the jurisdiction which I most connect with, which is important when meeting clients and prospects. investing into Africa.
What changes have you seen in the appetite for Africa-based ventures and investments over the last five years?
People have become more realistic about Africa. It is increasingly being seen as a collection of individual countries rather than one block, and therefore there is more a more focussed and realistic approach to investing in Africa.
Are there any aspects of the African legal market that you would like to see change?
Many, just like in most other non-African jurisdictions, including less arbitration centres and more consolidation of arbitration centres to make them more effective and simpler to understand. [I would like to see] more regional cooperation rather than competition for the sake of it, a more specialised judiciary (for example, commercial courts and specialist benches dealing with arbitrations), more government support for the training and development of the judicial system, but that’s not the same as interference in their decision making. [Also] more availability of case law and precedents to all practitioners to level the playing field, and finally more activity from the law societies and bar councils on issues of public importance and more collaboration with international law societies and bar councils to have a stronger voice.
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?
[I expect] an increase in pan-African disputes – arbitration will grow rapidly both commercial and treaty based, more disputes around precious resources [and] the rise of the super-powers in Africa – Kenya, Nigeria and Egypt amongst others. Nigeria in particular has the ability to be a stronger top 20 world economy if it plays its cards right.
[Also], an explosion in populations which will lead to opportunities and massive challenges, most governments are unfortunately not preparing for this, [as well as] a reduction in China’s influence and a more balanced international engagement.
These will create opportunities for law firms and our clients, both African and non-African.