Michael Polkinghorne – GC Powerlist
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Private Practice Powerlist: Africa Specialists

Private Practice

Michael Polkinghorne

Partner | White & Case

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Private Practice Powerlist: Africa Specialists

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Michael Polkinghorne

Partner | White & Case

About

Number of years practice: 33

Principal practice areas: Arbitration and litigation, energy, telecommunications, project finance and infrastructure

Languages spoken: English and French

What is the geographical focus of your practice in Africa?

North and Francophone Africa, West Africa, East Africa and Central 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.

Representing a prominent Middle Eastern family, in arbitration, and certain recovery actions in Paris, London and several other European jurisdictions in relation to claims against a Central African State. The sums involved were over half a billion dollars. The substantial victories achieved for our client have received extensive media coverage and are of a politically sensitive nature. The results mark the progress of a very complex, long-running arbitral saga which has demonstrated, over the years, the high level at which our team is well-used to advising.

I have also been advising a number of petroleum clients on projects in North Africa, assisting African national oil companies in the negotiation of long-term energy supply agreements [and] preparing a set of standard form energy purchase agreements for a North African national oil company.

Finally, I have been advising a West African national oil company on issues arising under production sharing agreements in its territory.

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

The ability to work in both French and English (as well as being dual-qualified in civil and common law jurisdictions), and have access to Lusophone practitioners within the firm is one aspect of my practice which I think helps.

Why has Africa been a particularly strong focus for you?

Traditionally, I have worked with a number of Francophone countries in West Africa where my language abilities and energy experience seemed a good fit.

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

There has been a marked increase in the energy sphere with a greater deal of involvement from national oil companies in many African jurisdictions.

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

More uniform legal norms such as OHADA would certainly simplify matters, subject always to states’ justified claims for sovereignty over certain areas of commerce and trade.

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?

A growing involvement of national oil companies which is an area in which White & Case has a strong footprint.


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