Our International Disputes experience in Africa

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1 Our International Disputes experience in Africa April 2016

2 Hogan Lovells 2 Further information If you would like further information relating to our international disputes capabilities in Africa please contact: Michael Davison Global Head of Litigation and Arbitration T michael.davison@hoganlovells.com Daniel E. González Head of International Arbitration, Miami T daniel.gonzalez@hoganlovells.com Band 1, Dispute Resolution, Chambers Global 2016 Band 2, Africa-wide Dispute Resolution, Chambers Global 2016 Top 10 Global Arbitration Practice, GAR 30 Global Arbitration Review 2016

3 Our International Disputes experience in Africa Introduction Hogan Lovells is a leading international disputes law firm with a highly regarded reputation for managing high profile, complex cross-border matters. Hailed by industry commentators as a go to firm with a prestigious reputation and the best of the best, Hogan Lovells combines deep industry knowledge with a real grasp of the judicial process. Our disputes practice will effectively guide you through courts, tribunals, and governmental bodies, across the globe in every area. We appear in court a lot. And we have an enviable track record of success at all levels of the judicial and arbitration process. We have a strong and highly respected team with a presence in Johannesburg and the main financial centres across Asia, Europe, the Americas, the Middle East and emerging markets with an unrivalled transatlantic coverage across Europe and the USA. Hogan Lovells in Africa We have been working in Africa for over 30 years, bringing together professionals from across the world to advise clients on their inward, outbound and pan African investments. Our lawyers are considered trusted advisers with the experience, knowledge and local understanding to navigate complex and challenging business issues. With a dedicated Africa team that stretches across our 45+ offices; including Johannesburg, London, Paris, Dubai, New York and Beijing; we work with our clients and local partners to ensure that we deliver the best possible results and provide the highest quality service. The Africa-related disputes we have handled cover a broad range of industry sectors, including telecommunications; oil and gas; renewable energy; mining and commodities; power; financial services; infrastructure; projects and construction; consumer goods and manufacturing. We are committed to Africa and have assisted with the establishment of the Kigali International Arbitration Centre in Rwanda and continue to assist in the establishment of other African arbitration centres. We are also committed to investing in local content through provision of training and secondments to African lawyers. Our office in Johannesburg provides us with an excellent platform to assist clients in South Africa and sub-saharan Africa more generally. The office comprises of over 35 dedicated disputes professionals, including 15 Partners. Hogan Lovells produced some pleadings which blew the other side s case away Global Arbitration Review 2016

4 Hogan Lovells 4 Our international disputes experience across Africa is highlighted below: Tunisia Algeria Libya Egypt Chad Sudan Uganda Burkina Faso Ghana Nigeria Ethiopia Cameroon Kenya Gabon Democratic Republic of Congo Tanzania Angola Zambia Namibia Botswana Mozambique Rwanda South Africa Madagascar Key Experience in International Disputes The firm possesses a strong, traditional African practice. Africa-wide Dispute Resolution, Chambers Global 2016

5 Our International Disputes experience in Africa Our expertise Within this brochure we touch upon the key areas of activity that are important to our clients in Africa and how we are best placed to assist. International Arbitration Global, local and industry-specific arbitral institutions these are our playing fields. We speak the language of all the major worldwide arbitral institutions and arbitrators from diverse cultures and backgrounds. We work across continents, coordinating our internal resources to respond to the most challenging factual and procedural situations faced by our clients. Hogan Lovells has acted in and advised on arbitrations administered by arbitral institutions in Africa and assisted with the establishment of the Kigali International Arbitration Centre in Rwanda. Projects and Infrastructure We work with employers, contractors, developers, engineers and government entities, guiding them through the most complex of contract interpretations, disputes and, most importantly, how to avoid disputes. Our contract risk management analysis, state-of-theart dispute resolution and litigation skills, and deep projects and infrastructure industry knowledge mean we understand what our clients do. The team has experience of resolving numerous complex challenges across a broad spectrum of projects throughout Africa and the rest of the world. Bribery and Corruption In the wake of the global clampdown on bribery and corruption, multinational businesses and their executives face a number of threats: An assertive government agency, a corrupt employee or official. No matter the scenario, the lawyers on the Bribery and Corruption Task Force at Hogan Lovells understand your predicament. We have decades of experience with the full range of bribery and corruption matters, including tax related crimes, money laundering, fraud, and intellectual property crimes. Regulatory investigations, anti-bribery compliance programs, and managing exposure and risk is our core strength. Financial Services Financial services is not a sideline for our lawyers. We have specialists in every major financial centre in the world, working as one coordinated team. There is no learning curve when our clients hire us. We understand the industry, the products (including investment banking, asset management, trade finance and retail) and the law. We get it and we will have seen the problem, or something like it, before. Energy and Mining Energy and mining companies face a range of challenges. Health, safety, and environmental issues. Complex regulatory due diligence. Cybersecurity risks. Weakened commodity prices. Our global footprint allows us to advise in key jurisdictions such as Africa for energy and mining operations and outbound investment. Our network of lawyers spans Africa and the rest of the world. We use our knowledge of local markets and our familiarity with international best practices to bring you practical solutions that can be implemented wherever your business takes you. Technology, Media and Telecoms In the rapidly converging Technology, Media, and Telecoms (TMT) sector, companies need lawyers who hold wide-ranging experience in the relevant issues. At Hogan Lovells, we work with you to anticipate industry developments and formulate strategic responses. Our work covers media and entertainment, telecommunications, technology, and electronics. Our clients include telecommunications network operators and service providers; operators of broadband cable and satellite networks; television and radio broadcasters; social network operators; online retailers and auctioneers; film and television studios and producers; print, online, and music publishers; consumer electronics manufacturers; and computer games companies.

6 6 Hogan Lovells North Africa experience Advising the main EPC contractor for the design and construction of a major new desalination and associated power plant in Algeria in a dispute with its turbine supplier Represented a North African telecommunications company in an ICC arbitration against a French company for breach of a supply and distribution agreement Advising a major network operator in relation to an arbitration under the rules of the Cairo Regional Centre for International Commercial Arbitration concerning interconnection rates Representing an international oilfield services provider, defending claims brought in two parallel ICC arbitrations by its agent in Libya (and associated companies) arising under a suite of agreements for the provision of well testing services Representing a Japanese company in an ICC arbitration against an Egyptian company relating to an engineering contract subject to French law, involving the construction of provisions dealing with letters of credit Acting for an international engineering company in respect of ICC arbitration proceedings relating to an EPC contract on a new power plant in Morocco Acting for an oilfield services provider and its subsidiaries in three parallel ICC and LCIA arbitrations under a series of agreements for services connected to exploration and production in Algeria Acting for a major energy company in an UNCITRAL arbitration relating to the utilisation of a North African oil field Representing a North African State entity in ICC arbitration proceedings and in court proceedings in relation to several of its investments

7 Our International Disputes experience in Africa East Africa experience Acting for companies in the SABMiller plc group against companies in the Diageo plc group in four arbitrations and injunction proceedings relating to disputes concerning the Tanzanian and Kenyan beer markets Acting for two international banks in three parallel arbitrations (two under the ICC Rules and one under the LCIA rules) against a Swiss multinational and East African companies relating to commodity finance and management agreements in East Africa Acting for an independent power producer in Kenya in relation to a PPA with Kenya Lighting and Power Company Limited for the 56 MW diesel generating plant in Nairobi South Advising an international contractor in respect of its bid for an independent power plant in Mozambique including advising on a construction contract based on FIDIC Silver Acting for a multinational engineering company in an ICC arbitration in Zurich arising out of a dispute over a pipeline in Sudan Acting for a contractor in an ICC arbitration. The employer was an Australian company and the project was in Mozambique Advising an East African subsidiary of a large multinational regarding the successful appeal of a decision of an East African competition authority Serving as primary outside counsel for a European based multinational energy company in defending executives against a state government investigation and possible prosecution for complicit liability for war crimes and human rights violations allegedly committed by the Government of Sudan We assisted in setting up the Kigali International Arbitration Centre: Our involvement included assisting in the drafting of KIAC s arbitration rules Advising an international oil company in relation to a potential dispute with a West African State arising out of a production sharing contract

8 8 Hogan Lovells West Africa experience Acting for four oil majors in two separate ad hoc arbitrations seated in Nigeria with a combined value in dispute of over US$2.5bn. The arbitrations related to the interpretation and performance of Production Sharing Contracts signed in 1993 Defending the largest environmental group action in the English Courts brought by various communities and over 15,000 individuals in the Niger Delta for compensation for the damage caused by two operational oil spills Acting for a Ghanaian food manufacturer against a Hong Kong multi-national in an arbitration under the ICC Rules in London concerning an exclusive distribution agreement for West Africa Represented a major global bank in an ad hoc arbitration brought by an African state relating to the privatisation of a telecoms company (UNCITRAL, the Hague) Advising 13 Nigerian financial institutions on the staying of claims brought against them in England, in favour of arbitration proceedings in Lagos. The dispute was successfully settled Acting for a major African development bank in a dispute with a Nigerian borrower relating to obligations arising under certain promissory notes Acting for the Gabonese subsidiary of an International oil company in ICC arbitration proceedings brought by an exploration and production company relating to the transportation of oil through a pipeline Acting for a leading manufacturer of oil and gas equipment in proceedings in the commercial court brought by the owner of a deep sea drill ship. It was alleged that defective equipment supplied by the client and others caused a major incident off the coast of West Africa. The owner of the ship claimed over US$100m Acting for a European contractor (in its role as consortium leader) in relation to claims against a West African governmental entity arising out of a construction project Advising the Government of Liberia in opposing the enforcement of an arbitration award against the National Port Authority of Liberia

9 Our International Disputes experience in Africa Central and Southern Africa experience Advising the Central Bank of Zambia on various proceedings brought by traders in distressed debt, including defending the claims and co-ordinating enforcement proceedings in various jurisdictions Representing the South African branch of a major UK bank in an ad hoc UNCITRAL Rules based investment arbitration against an African Government after the privatisation of the stateowned telecommunications company Acting for Barclays in class actions brought under the U.S. Alien Tort Statute against more than 100 companies, alleging their liability for abuses perpetrated by South Africa s former apartheid regime Acted for a major engineering company in an ICC arbitration in Paris worth N$42mm between an African government and a major engineering company on damages for alleged defects in a water canal in Namibia Representing a global oil company in ICC mediation proceedings against an African state regarding tax issues linked to the application of its concessions Acting on construction and engineering disputes before the Namibian courts Representing persons and entities, both in South Africa and Australia, relating to commercial disputes involving mining and related activities in China, Australia, Mauritius and South Africa Acting for an English engineering company in an ICC arbitration in Paris on a claim against a central African potentate in relation to an opencast tin mine Advising an EPC contractor in relation to its claims for relief and costs arising from a contract to construct, install, transport, commission, startup and facilitate performance testing of LNG plants in Angola, including claims connected with a fire on a vessel making deliveries to one of the plants

10 10 Hogan Lovells Our South Africa offering South Africa is an important jurisdiction with many companies basing their regional headquarters there, particularly in Johannesburg, the financial centre. Our Johannesburg office has approximately 100 legal professionals who are regarded as high-calibre sector practitioners, acting both within the country and across the continent, providing a consolidated approach across jurisdictional borders. The office comprises of over 35 dedicated disputes professionals, including 15 Partners. The members of the team have extensive experience in a wide range of litigation, including corporate, commercial and general litigation, disputes involving company law, corporate governance issues, corporate mismanagement/fraud, director and shareholder disputes, business rescue (restructuring/ distressed M&A), contractual and property disputes, commercial disputes, construction and engineering disputes, telecommunications related disputes, international arbitration, insolvency related matters, administrative law, reviews and constitutional law and banking and finance related disputes. With a client base of listed and unlisted corporates, banks, financial institutions and state authorities, our Johannesburg office provides us with an excellent platform to advise clients that have operations and work both in South Africa and sub-saharan Africa.

11 Our International Disputes experience in Africa Our South Africa office disputes experience Successfully overturning an interdict granted in relation to the award of a major infra-structure tender in the telecommunications industry involving billions of Rands Acting for an investor and his trust claiming against their investment banker and the broker to recoup losses sustained as a result of the broker s fraudulent management and trading of their JSE listed share mobility Representing a chemical manufacturer in a dispute regarding performance arising from a contract for service in Burkina Faso and Ghana Representing persons and entities, in South Africa and Australia, relating to commercial disputes involving mining and related activities in China, Australia, Mauritius and South Africa Acting for Major Insurance Underwriters in respect of a warehouse fire that destroyed in excess of ZAR 100mm of tobacco Advising a major group of companies in relation to their constitutional rights in respect of the right to privacy and not to be defamed Acting for South Africa s Strategic Fuel Fund defending a claim for the delivery of barrels of oil said to be due at the end of a storage contract in circumstances where the actual amount of oil in storage at the date of termination of the contract was substantially less than the amount claimed, together with a counter claim of approximately ZAR45mm in relation to outstanding cargo dues Representing a mining company listed on the Australian Stock Exchange in disputes relating to the extraction of gold concentrate from one of its mines

12 12 Hogan Lovells A leading global legal practice for a changing world Straight talking. Understanding and solving the problem before it becomes one. Delivering clear and practical advice that gets your job done. Hogan Lovells offers extensive experience and insights gained from working in some of the world s most complex legal environments and markets for corporations, financial institutions and governments. We help you identify and mitigate risk and make the most of opportunities. Our 2,500 lawyers on six continents provide practical legal solutions wherever your work takes you. Our team has a wide range of backgrounds. Diversity of backgrounds and experience delivers a broader perspective. Perspectives which ultimately make for more rounded thinking and better answers for you. We believe that an important aspect of being able to provide a comprehensive legal service is to have established contacts in those jurisdictions where we do not have a local office. Hogan Lovells has developed a strong network of correspondent law firms in all the African jurisdictions, with whom we enjoy excellent relationships. We work regularly with the local lawyers and know them well, and are therefore confident in recommending them to our clients. This close collaboration guarantees a delivery of quick, efficient and excellent quality of work. Giving back to communities and society is fundamental to good business. And, it s part of our core. We are advocates of justice, equality, and opportunity. Everyone at Hogan Lovells is asked to volunteer at least 25 hours a year as part of their normal work duties. Around the world, our people are making a difference through pro bono activities, community investment, and social justice. Commitment to Africa Our pro bono work draws on the experiences of our professionals worldwide to improve the lives of those on the continent who are most in need and least able to pay. Whether by acting on behalf of individual clients, meeting the legal needs of charities and social enterprises, or through policy advocacy, our goal is to tackle injustice on a global scale. Investing in local talent is also a key priority for us. One way we work to develop the skills of local lawyers is through our secondment programmes. In addition to our commitment with International Lawyers for Africa (ILFA), we have developed our own secondment programme for lawyers in association with some of our relationship firms in Africa. These programmes provide the opportunity for African qualified lawyers to spend time in our offices, working with us and receiving training to grow their legal and professional skills.

13 Our International Disputes experience in Africa Hogan Lovells worldwide offices Baltimore Colorado Springs Denver Houston Los Angeles Mexico City Miami Minneapolis Monterrey New York Northern Virginia Philadelphia San Francisco Silicon Valley Washington, D.C. * Associated offices Caracas Rio de Janeiro São Paulo Alicante Johannesburg Amsterdam Brussels Budapest* Dusseldorf Frankfurt Hamburg London Luxembourg Madrid Milan Moscow Munich Paris Rome Warsaw Zagreb* Dubai Jeddah* Riyadh* Beijing Hanoi Ho Chi Minh City Hong Kong Perth Shanghai Singapore Sydney Tokyo Ulaanbaatar

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16 Alicante Amsterdam Baltimore Beijing Brussels Budapest Caracas Colorado Springs Denver Dubai Dusseldorf Frankfurt Hamburg Hanoi Ho Chi Minh City Hong Kong Houston Jeddah Johannesburg London Los Angeles Luxembourg Madrid Mexico City Miami Milan Minneapolis Monterrey Moscow Munich New York Northern Virginia Paris Perth Philadelphia Rio de Janeiro Riyadh Rome San Francisco São Paulo Shanghai Silicon Valley Singapore Sydney Tokyo Ulaanbaatar Warsaw Washington, D.C. Zagreb Our offices Associated offices Hogan Lovells or the firm is an international legal practice that includes Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses. The word partner is used to describe a partner or member of Hogan Lovells International LLP, Hogan Lovells US LLP or any of their affiliated entities or any employee or consultant with equivalent standing. Certain individuals, who are designated as partners, but who are not members of Hogan Lovells International LLP, do not hold qualifications equivalent to members. For more information about Hogan Lovells, the partners and their qualifications, see Where case studies are included, results achieved do not guarantee similar outcomes for other clients. Attorney advertising. Images of people may feature current or former lawyers and employees at Hogan Lovells or models not connected with the firm. Hogan Lovells All rights reserved _D4_0416