THE NEW IVORIAN INVESTMENT CODE: TINKERING WITH AN IMPERFECT SYSTEM OR PIONEERING A PATH?

Authors: Jonathan Ripley-Evans, Jenalee Harrison and Marie Terrien Investor-State Dispute Settlement (ISDS) is facing significant opposition in its current form. Whilst some parties are engaged to find new common ground, others have unilaterally implemented measures aimed at ousting investor-state arbitration altogether. Over time, more and more attention has been paid to the International Centre for … Read more

PETER LEON: ECONOMIC NATIONALISM IN AFRICA’S GIANTS HOLDS BACK FREE TRADE

Author: Peter Leon  SA, Nigeria and Egypt have not signed up to crucial aspects of the African Continental Free Trade Area. A significant milestone has been reached in the economic integration of Africa with the creation of the African Continental Free Trade Area (AfCFTA). Opened for adoption at the AU summit in Kigali in March … Read more

GOVERNANCE OF AFRICA’S MINERAL RESOURCES

Author: Peter Leon Peter Leon’s notes delivered during the EAST AND CENTRAL AFRICA MINING FORUM. INTRODUCTION  AFRICA’S RESOURCE CURSE: IDENTIFYING POTENTIAL SOLUTIONS TO GOVERN AFRICA’S MINERALS.  The African continent is endowed with abundant natural resources, including about thirty per cent of the world’s mineral reserves. Historically, however, most resource-rich African countries have been categorized as … Read more

OVERVIEW OF THE CEMAC REGULATION OF 21 DECEMBER 2018 ON EXCHANGE CONTROL

Authors: Bertrand Montembault, Louis de Longeaux and Erwann Nicot On 21 December 2018, the Ministerial Committee of the Central African Economic and Monetary Community (Communauté Économique et Monétaire de l’Afrique Centrale or “CEMAC“), a regional organisation that was established for the purpose of creating an economic and monetary union among its member States, adopted Regulation … Read more

SECURITIES CLASS ACTIONS

Authors: Harry Edwards, Simon Clarke and Jonathan Ripley-Evans Businesses around the globe have long faced the risk of securities class actions – the prospect of facing claims which are brought by large numbers of disgruntled investors alleging ‘stock drops’ (falls in share prices) as a result of flaws in their public disclosures or documentation. The … Read more

FINANCIAL SERVICES LITIGATION – SOUTH AFRICA

Authors: Peter Leon and Jonathan Ripley-Evans  Common causes of action: What are the most common causes of action brought against banks and other financial services providers by their customers? Customers have historically lodged complaints alleging unfair contractual terms or treatment, or other practices prohibited by statute, with one or more of the relevant industry regulators, … Read more

HERBERT SMITH FREEHILLS SUPPORTS “THE AFRICAN PROMISE”

Authors: Paula Hodges QC, Jonathan Ripley-Evans and Gregory Travaini  International arbitration does not lack critics. A particularly common criticism is the absence of cultural and ethnic diversity among arbitrators. In the words of Sarah François-Poncet of Salans, some twenty years ago, the usual suspects are ‘pale, male, and stale’. Despite numerous initiatives to support and … Read more

CLIMATE CHANGE: SUCCEED IN A LOWER-CARBON FUTURE

Authors: Silke Goldberg, Ben Rubinstein and Dr Matthew Burnell In a 2019 global survey, 1,250 CEOs rated environmental / climate change risk the single biggest threat to business growth.1  DOWNLOAD THE GUIDE The race is on for businesses to understand their environmental impact and to manage the legal risks to succeed in a lower-carbon future. … Read more

‘WINGING’ IT ON ENFORCEMENT? SOUTH AFRICAN COURT LIFTS ATTACHMENT OVER TANZANIAN PLANE BECAUSE UNDERLYING AWARD ‘CEASED TO EXIST’

Authors: Jonathan Ripley-Evans and Marco de Sousa In a recent and controversial judgment, the High Court of South Africa set aside an attachment order authorising the attachment of an aircraft owned by the Tanzanian Government in satisfaction of a foreign arbitral award, on the ground that the award “ceased to exist” when it was converted … Read more