THE QUEST FOR A BALANCED HOST GOVERNMENT CONTRACT: AN MSGBC BASIN PERSPECTIVE

Author: Stephane Brabant and Etienne Marque  THE CHANGING LANDSCAPE OF THE OIL AND GAS SECTOR The recent discoveries in the MSGBC basin (covering Mauritania, Senegal, the Gambia, Guinea-Bissau and Guinea-Conakry) have triggered a great deal of hope for the upstream industry, the host States and their populations. Indeed, the development of these fields could potentially contribute … Read more

AFRICAN NATIONS MUST RESIST SIREN SONG OF RESOURCE NATIONALISM

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

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

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

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

THE DEMOCRATIC REPUBLIC OF CONGO’S REVISED MINING CODE

Authors: Peter Leon, Bertrand Montembault and Paul Morton INTRODUCTION  On 9 March 2018, President Joseph Kabila signed into law significant changes to the Democratic Republic of Congo’s (“DRC”) mining code (the “Revised Code”).1 The Revised Code, which amends the 2002 Mining Code2 (the “2002 Mining Code”), was adopted by both houses of Parliament on 27 … Read more

SUDAN BECOMES 159TH CONTRACTING STATE TO THE NEW YORK CONVENTION

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