Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions.

Since its publication in 2013, the first edition of the Guide has proved to be an invaluable resource not just for those facing disputes in Africa but for anyone who is considering investing in unfamiliar territory and would like to understand better the legal landscape of that country.  Whether you want to know the basics of a country's legal system, details on litigation and arbitration procedures, whether ADR is embraced, or what the applicable limitation periods or privilege rules are, this publication should be a first port of call.

Please click here to download the full Guide or here to access the chapter for a specific jurisdiction. 

To request a hard copy of the Guide, please email Africa Disputes.

For more information, or to discuss an Africa-related arbitration, please contact:

Paula Hodges QC
Paula Hodges QC
Partner
+44 20 7466 2027
Chris Parker
Chris Parker
Partner
+44 20 7466 2767
Craig Tevendale
Craig Tevendale
Partner
++44 20 7466 2445
Isabelle Michou
Isabelle Michou
Partner
+33 1 53 57 74 04
Emmanuelle Cabrol
Emmanuelle Cabrol
Partner
+33 1 53 57 73 79
Andrew Cannon
Andrew Cannon
Partner
+33 1 53 57 65 52
Amal Bouchenaki
Amal Bouchenaki
Of Counsel
+1 917 542 7830
Peter Leon
Peter Leon
Partner
+27 11 282 0833

US Court of Appeals for the Second Circuit upholds decision of Southern District Court and confirms arbitral award against Pemex that was set aside at its seat

The US Court of Appeals for the Second Circuit (the Court of Appeals) has upheld the decision of District Judge Hellerstein in Corporación Mexicana de Mantenimiento Integral, S. De R.L de C.V v. Pemex-Exploración y Producción, No. 10 Civ. 206 (AKH), 2013 WL 4517225, (S.D.N.Y. Aug. 27, 2013), confirming an arbitration award in favour of COMISSA and against PEMEX. The award was affirmed and enforced even though it had been set aside by a court at the seat of arbitration in Mexico. In the opinion of the US Court of Appeals, Judge Dennis Jacobs, joined by Judge Raggi, found that to hold otherwise would be contrary to US public policy and "repugnant to fundamental notions of what is decent and just in this country."

The opinion is interesting for the Court of Appeals' careful consideration of the case's "truly unusual procedural history" and its relevance when considering the grounds for refusing to enforce an arbitral award under the Panama Convention (textually identical to Article V of the New York Convention). It is also interesting to consider this decision in light of the reasoning and rationale being adopted by other national courts which have also grappled with applications to enforce awards set aside at their seat.

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