AFRICAN NATIONS MUST RESIST SIREN SONG OF RESOURCE NATIONALISM

29 August, 2018
Author: Peter Leon, Co-Chair of Africa Practice Group  Countries that shun populist moves appear more attractive as commodity prices fall In South Africa, President Cyril Ramaphosa announced the ANC would amend the country’s constitution to allow land expropriation without compensation ©Reuters The spectre of resource nationalism is again rearing its head across Africa, leading to … Read more

UPHEAVAL AND UNCERTAINTY IN MINERAL REGULATION IN PARTS OF AFRICA: RESURGENCE OF RESOURCE NATIONALISM HIGHLIGHTS THE IMPORTANCE OF INVESTMENT TREATY PROTECTIONS

27 July, 2018
Author: Peter Leon, Andrew Cannon, Iain Maxwell and Hannah Ambrose   The last few months have seen significant changes to mining regulations in various African states, giving rise to a concern that a regional trend of resource nationalism may be (re-)emerging. In this context it is important for companies associated with the mining sector to be … Read more

LCIA-MIAC JOINT VENTURE AGREEMENT TERMINATED

19 June, 2018
Author: Vanessa Naish, Professional Support Consultant, London  The London Court of International Arbitration (the LCIA) and the Government of Mauritius have announced the termination of their joint venture which established the LCIA-MIAC Arbitration Centre. LCIA-MIAC was created in 2011 as a focal point for international arbitration in Africa. In terminating the joint venture both the … Read more

HEIGHTENED RISK? RESOURCE NATIONALISM ON THE RISE IN SUB-SAHARAN AFRICA

15 June, 2018
Author: Peter Leon,Co-Chair of Africa Practice Group   The seemingly increasing trend towards nationalist thinking, combined with and likely driven by growing economic inequality, has resulted in several changes in mining and tax legislation in sub-Saharan Africa countries. Herbert Smith Freehills Africa Group co-chair and partner Peter Leon says the recent and significant changes to mining regulations … Read more

SUDAN BECOMES 159TH CONTRACTING STATE TO THE NEW YORK CONVENTION

11 April, 2018
Sudan has become the 159th Contracting State to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. On 26 March 2018, Sudan deposited its instrument of accession to the Convention with the UN Secretary General. In accordance with its article XII (2), the Convention will enter into force in Sudan … Read more

EXPROPRIATION OF LAND WITHOUT COMPENSATION

10 April, 2018
Authors: Peter Leon, Jonathan Ripley-Evans and Dr Matthew Burnell Following the South African Parliament’s decision to investigate expropriation of land without compensation, there has been a spike in land invasions across the country. Land owners and persons in control of land need to be vigilant and act quickly to protect their property interests. While there … Read more