By Tim Taylor QC  Chiz Nwokonkor  King & Wood Mallesons

Ftaylor_trom Abidjan to Tunis, arbitration centres are on the rise in Africa. This upward trend has mirrored the growth and gradual diversification of many African economies. The growth can be seen to be driven along sector lines, with the vast majority of disputes coming

作者:Ian Hargreaves  Robert Bolgar-Smith  金杜律师事务所伦敦办公室





By Cameron Firth and Rahul Saha, King & Wood Mallesons

Cameron FirthThe Common Market of Eastern and Southern Africa (“COMESA”) is a supra-national organisation with 19 Member States, which are Burundi, Comoros, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Madagascar, Malawi, Mauritius, Namibia, Rwanda, Seychelles, Sudan, Swaziland, Uganda, Zambia and Zimbabwe.

The COMESA Competition Commission (the “CCC”) commenced operations on 14 January 2013 and implements a supra-national merger control regime under the COMESA Competition Rules and COMESA Competition Regulations 2004 (the “Regulations”). In response to calls for greater clarity and legal certainty, COMESA published the Draft Merger Assessment Guidelines in April 2013 (the “Draft Guidelines”). While the Draft Guidelines provided some clarification on certain ambiguities in the Regulations, a number of issues remained unresolved.
Continue Reading Recent developments in COMESA merger control

By Stuart Bruce and Juliette Huard-Bourgois, King & Wood Mallesons’ London Office

Large-scale investments made in foreign jurisdictions face many risks, particularly when the investments are in countries with high levels of political and regulatory risk or developing judicial systems, as is often a concern for international investors entering certain African states. In such\ circumstances, investors are particularly concerned about the legal protections that are available to them during the life of their investments. Bilateral and multilateral investment treaties (“BITs”, “MITs”) have become the principle vehicle to overcome these challenges and mitigate the risks of government intervention.

BITs are international law instruments – treaties – agreed between two states. MITs are treaties agreed between more than two states. The purpose of BITs and MITs is to create a stable legal environment that fosters foreign direct investment. This is achieved by the “host state” (i.e. the state in which the investment is made) agreeing to provide certain guarantees and standards of protection to the investments of private foreign investors (i.e. those with the nationality of, or incorporation in, the “home state”). The investor is also provided with the opportunity to enforce its rights under the investment treaty against the host state through independent international investment arbitration. This is the major innovation of investment treaties, as traditionally it was only states that had standing to bring claims against one another.
Continue Reading Maximising Investment Protection in Africa: the Role of Investment Treaties and Investment Arbitration