DISPUTE RESOLUTION ALGERIA BOTSWANA ETHIOPIA GUINEA KENYA MADAGASCAR MALAWI MAURITIUS MOROCCO MOZAMBIQUE NIGERIA RWANDA SUDAN TANZANIA UGANDA ZAMBIA REGIONAL OFFICE: UAE ASSOCIATE FIRM: SOUTH AFRICA
[ALN] is a well-established network which includes members and associate members in [16] African countries, with a particularly strong presence in Anglophone jurisdictions throughout Sub-Saharan Africa. Each member brings strong local knowledge as well as experience collaborating on multi-country work for clients across the full range of industry sectors. The network is run by a management team which handles practice integration and business development matters as well as the extensive training opportunities offered by the ALN Academy. In addition to its core members, ALN has key relationships with firms in the UK, USA and Asia. Chambers Global 2017
OUR DISPUTE RESOLUTION PRACTICE Anjarwalla & Khanna (A&K) s dispute resolution team is considered one of the leading practices in Kenya. It is bolstered by the firm s pan- African reach through ALN, a leading alliance of top-tier independent firms founded by A&K over a decade ago. A&K s dispute resolution department has grown in strength and size under the former leadership of Ushwin Khanna, one of the country s most renowned litigators, and the current leadership of dual-qualified Aisha Abdallah. A&K focuses on complex, high-value disputes and cross-border matters. With a large team in Kenya s two main commercial centres, Nairobi and Mombasa, A&K advises on a wide range of contentious matters, including energy and natural resources, shareholder disputes, commercial litigation, insolvency, land and environment, intellectual property, fraud and white collar crime, anti-bribery and corruption, arbitration and employment. It also works closely with the A&K insolvency and tax departments on a number of complex insolvency and tax disputes, respectively. A&K is known for its premium service and commercial approach. The A&K dispute resolution team ensures that the client s commercial interests are put at the forefront of every dispute resolution strategy and that advice is timely and practical. Anjarwalla & Khanna s [dispute resolution] practice is very detailed and professional, yet very compassionate, combining business acumen with strong specialised teams ; it has leading expertise in complex investigations. Other areas of strength include land and environmental disputes, international arbitration and IP cases. - Legal 500 (2017) We were most impressed by the entire [dispute resolution] team at A&K. The teams played their roles effectively. - Chambers & Partners Global (2017) ANJARWALLA & KHANNA - DISPUTE RESOLUTION 1
ABOUT ALN ALN is an extensive alliance of Africa s most dynamic, independent and ambitious law firms that have come together to change the future of legal services on the continent. ALN firms are recognised as leading firms in their jurisdictions by the international legal directories and many have advised on ground breaking, first-of-a-kind deals in their markets. ALN is the largest grouping of its kind in Africa, with close working relationships across its sixteen members and an established network of Best Friends across the continent. working closely together, ALN member firms have the ability to manage deals across jurisdictions using a one-stop shop approach. Chambers Global has consistently ranked the ALN alliance as Band 1 in the Leading Regional Law Firm Networks Africa-wide category. The firms are located in four major regional economic groupings EAC, ECOWAS, SADC, and COMESA with a combined population of 700 million people. ALN firms are on the ground in some of Africa s fastest growing jurisdictions, including the continent s gateway economies: Algeria, Botswana, Ethiopia, Guinea, Kenya, Madagascar, Malawi, Mauritius, Morocco, Mozambique, Nigeria, Rwanda, Sudan, Tanzania, Uganda and Zambia. The alliance distinguishes itself with its on-theground experience in multiple African jurisdictions and long term working relationships among firms, which allows for seamless and effective delivery of legal, advisory and transactional services. This high level of integration is achieved by ensuring that all members share important affinities and by working closely together in a fashion that allows for the development of close relationships between the lawyers. Sector-specific skills and regional expertise are continually shared to ensure clients benefit from the synergies resulting from the ALN alliance. This culture facilitates cross-border work, and has been crucial to ALN s success. By ANJARWALLA & KHANNA - DISPUTE RESOLUTION 2
REPRESENTATIVE DEALS Energy, Oil & Gas and Natural Resources Acting for Africa Oil, a Canadian oil and gas at Kajiado worth approximately USD 233 company, in connection with a challenge to million. the award by Kenya s Ministry of Energy to Africa Oil and its partners of petroleum sharing contracts in respect of four exploration blocks. Acting for Libya Oil Kenya, Vivo Energy, Gapco, Orynx Energies, Petro City and Fossil Oil in various appeals filed at the Energy Tribunal touching on recovery of yield shift Acting for Lake Turkana Wind Power losses, road maintenance levy, escalation Project, Africa largest wind farm and a and descalation, thermal operation costs EUR 625 million Vision 2030 project, in a and excise duty worth in excess of USD 50 class action suit instituted by members of million. the local community seeking orders to stop construction. Acting for Lion Petroleum Corporation, Taipan Resources and Premier Oil in a class Acting for Kipeto Energy in a dispute filed by action suit instituted by alleged members of a several land owners with whom Kipeto had local community from Wajir County seeking entered into long term lease agreements for to stop the companies from conducting the development and maintenance of the oil exploration and seeking to cancel their second largest wind power facility in Kenya exploration licences. Arbitration Acting as local counsel for Vanoil Energy in international arbitration against the Kenya Government for unlawful termination of the Production Sharing Contracts for oil blocks 3A and 3B in Garissa County worth approximately USD 150 million. Land and Environment Acting for Geyser, a BVI registered company, Acting for a family in a constitutional petition in a land dispute relating to compulsory before the Environment and Land Court acquisition by the National Land Commission in connection with a dispute over property on behalf of Kenya Railways for the Standard in Mainland Mombasa worth over USD 50 Gauge Railway, a Vision 2030 project. million. ANJARWALLA & KHANNA - DISPUTE RESOLUTION 3
REPRESENTATIVE DEALS Commercial Acting for the Heineken Group, the makers Railways Corporation and the Government of Heineken lager beer, in connection with of Kenya in relation to their attempt to an ex-parte injunction to stop the intended terminate a Concession Agreement on termination of their distribution agreement. account of alleged breaches. Acting for foreign investors in civil fraud Acting for Mitsubishi Electric Corporation, proceedings involving disputed transfers of a Japanese multinational electronics shares and a change of directors, including and electrical equipment manufacturing obtaining an ex-parte interim injunction to company, in contesting a suit filed by MITS secure the company s main asset. Electrical Company, worth USD 13 million, Acting for Rift Valley Railways (Kenya) in a suit worth over USD 300 million against Kenya on account of the alleged breach of various distributorship agreements. Insolvency Acting for East African Exploration (EAX), a Corporation. wholly owned subsidiary of Afren, in resisting an injunction application worth in excess of USD 5 million filed by BGP Kenya, EAX s creditor, seeking to stop the sale of EAX s oil blocks to Canadian firm Octant Energy Acting for Africa Oil in a contested winding up petition against Interstate Petroleum Company on the grounds that Interstate was insolvent and unable to meet its debt obligations. Tax Acting for Paragon Electronics in a tax transfer pricing assessment in the amount of action against the Kenya Revenue Authority USD 18 million raised by the Kenya Revenue disputing a tax assessment of approx. USD Authority. 1.05 million. Acting for Finlays, a local farming and exporting company, in a challenge to a ANJARWALLA & KHANNA - DISPUTE RESOLUTION 4
REPRESENTATIVE DEALS Fraud Acting for a multinational company in Acting for an investor in connection with a connection with bribery allegations and corruption inquiry, including discovery. an investigation by the Ethics and Anti- Corruption Commission, including advising on Kenyan anti-bribery laws, liability of companies and their officers, extra- Advising a large corporate on self-reporting to the appropriate regulators in relation to bribery allegations. territoriality, the scope and extent of various regulators powers of investigation, joint and common interest privilege in Kenya. Acting for a leading multinational company on the reporting obligations under the Kenyan anti-bribery laws and potential Acting for a local company, in connection with a regulatory investigatory audit, including preparing witnesses for the audit liability of directors and the company for other economic crimes in Kenya, including co-ordination with three other jurisdictions. and interviews and strategy. Employment Acting and advising Alliance One Tobacco Advising a client in the Employment and (Kenya) in a complex and large scale Labour Relations Court in connection with redundancy of almost 7,000 employees, several employment claims instituted by including management, unionised employees, former employees who were summarily permanent employees, contractual and dismissed for stock theft. casual employees. Constitutional Successfully defending a constitutional petition challenging proposed projects around Mount Kenya which infringed on a community s right to religious and cultural practices, impacted the environment and threatened the community s economic livelihood. ANJARWALLA & KHANNA - DISPUTE RESOLUTION 5
AWARDS & ACCOLADES Anjarwalla & Khanna is recommended for its cross-border experience, where it can bring to bear resources in the muchrespected Africa Legal Network. Legal 500 2017 ANJARWALLA & KHANNA - DISPUTE RESOLUTION 6
KEY CONTACT KEY CONTACTS Aisha Abdallah Partner Aisha is the Head of the Litigation Department at Anjarwalla & Khanna and is based at the head office in Nairobi. She is dual qualified in Kenya and England and Wales and has over 17 years of experience in dispute resolution. Aisha s practice focuses on domestic and international arbitration, commercial litigation, anticorruption, insolvency and disputes over land, the environment and natural resources. Much of her work involves cross border disputes. Aisha regularly writes and speaks on a wide range of contentious issues, including arbitration and anti-corruption. She is the co-author of the Kenyan chapter of the 6th, 7th and 8th editions of the International Arbitration Review. Aisha was recognised as very knowledgeable by Legal 500 2017 and described as brilliant, very competent and very flexible in Chambers & Partners 2017. T: +254 20 364 0279 E: aa@africalegalnetwork.com ANJARWALLA & KHANNA - DISPUTE RESOLUTION 7
ALN FIRMS ALGERIA Bourabiat Associés Chemin Mackley, Résidence de la Présidence, Bat C, Ben Aknoun, Alger, Algérie Tel: DZ: +213 775 388 597 FR: +33 660 790 822 Email: contact@bourabiatassocies.com BOTSWANA Desai Law Group 3rd Floor, North Wing, Central Square, Central Business District (CBD), Gaborone Tel: +267 3162727 Fax: +267 3162737 Email: info@desailawgroup.co.bw ETHIOPIA Mesfin Tafesse & Associates Tensae Building, 2nd Floor, Office No. 001, Bole Road, Cape Verdi Street Tel: +251 11 667 2341 +251 11667 2271 Email: info@mtalawoffice.com GUINEA SD Avocats Carrefour de Nongo, Pont de Kaporo, à côté de l Ecole Centrale Tel: GN +224 620 56 54 95 FR +33 7 78 02 72 84 Email: salimatou.diallo@sd-avocats.com KENYA Anjarwalla & Khanna 3rd floor, The Oval, Junction of Ring Road Parklands & Jalaram Road Westlands Tel: +254 0 203 640 000 +254 0 703 032 000 Email: info@africalegalnetwork.com MADAGASCAR Madagascar Law Offices Ankorondrano, Antananarivo Madagascar Tel: +261 20 23 256 23 Email: madalaw@aln-madagascar.com MALAWI Savjani & Co. Ground Floor, Hannover House Hannover Avenue - Blantyre, Malawi Tel: +265 1 824 555 Email: savjaniandco@africa-online.net MAURITIUS BLC Robert & Associates 2nd Floor, The Axis, 26 Cybercity Ebene 72201 Mauritius Tel: +230 403 2400 Email: chambers@blc.mu ANJARWALLA & KHANNA - DISPUTE RESOLUTION 8
ALN FIRMS MOROCCO BFR & Associés 201, Boulevard Zerktouni Casablanca, Morocco Tel: +212 5 22 94 96 77 Fax: +212 5 22 94 85 25 Email: contact@bfr-associes.com MOZAMBIQUE ABCC Av. Kenneth Kaunda, 660, Bairro da Sommershield, Maputo, Mozambique Tel: +258 823 026 110 +258 843 894 872 Email: abcc@abcc.co.mz NIGERIA G. Elias & Co. 6 Broad Street Lagos, Nigeria Tel: +2341 4607890 +2341 2806970 Email: gelias@gelias.com RWANDA K-Solutions & Partners KN 50ST Ganza -Kiyovu Nyarugenge, Kigali City, Rwanda Tel: +250 727 000 973 Email: info@ksolutions-law.com SUDAN Omer Ali Law Firm 3rd floor, Tower of Arab Authority for Agricultural Investment and Development Plot 2/1, Block 9/E, Khartoum East, Sudan Tel: +249 155 155 554 Email: omerali@omeralilawfirm.com TANZANIA ATZ Law Chambers 1st Floor, Opal Place, 77 Haile Selassie Road, Masaki, Dar es Salaam, Tanzania Tel: +255 22 260 1151/2 Email: info@tz.africalegalnetwork.com UGANDA MMAKS Advocates 3rd Floor, DTB Centre, Plot 17/19 Kampala Road, Uganda Tel: +256 414 259920 Email: info@ug.africalegalnetwork.com ZAMBIA Musa Dudhia & Co. 3rd Floor, Mpile Office Park, 74 Independence Avenue Tel: +260 211 253822 Email: info@musadudhia.co.zm UAE (Regional Office) Anjarwalla Collins & Haidermota Saaha Offices, Block C, Office 501A The Palace Downtown Tel: +971 4 4529091 Email: info@ach-legal.com SOUTH AFRICA (Associate Firm) Webber Wentzel 90 Rivonia Road, Sandton Johannesburg 2196 Tel: +27 11 530 5000 Email: info@webber-wentzel.com ANJARWALLA & KHANNA - DISPUTE RESOLUTION 9
ANJARWALLA & KHANNA ALN Nairobi The Oval, 3rd Floor, Junction of Ring Rd., Parklands & Jalaram Rd. P.O. Box 200-00606, Sarit Centre, Nairobi, Kenya T: +254 20 364 0000, +254 70 303 2000 E: info@africalegalnetwork.com Mombasa SKA House, Dedan Kimathi Avenue P.O. Box 83156-80100, Mombasa, Kenya T: +254 41 231 2848 E: mba@africalegalnetwork.com www.africalegalnetwork.com/kenya