Many of the world’s fastest-growing economies are African. As these economies mature, corporations, sovereigns, and other organizations conducting business on the continent require sophisticated counsel to ensure compliance, structure deals appropriately and defend their interests in disputes. Hughes Hubbard’s extensive experience in Africa makes the firm an ideal partner during this period of rapid growth. We are fluent in the languages and traditions of Africa’s legal and business communities. Increasingly, stakeholders select our attorneys to provide counsel to the projects, deals and ventures reshaping the continent.

Broad experience across contentious and non-contentious matters

The scope of our work in Africa is broad – our team has experience in matters concerning corporate transactions, financing, arbitration, compliance, energy projects and development banks. Our work includes sovereign financing for African governments on their challenging financial transactions, assisting both private entities and states in arbitrations and award enforcement matters involving African nations, and advising on major infrastructure and energy project investments in Africa.

Our attorneys also have extensive experience in conducting global compliance risk assessments, internal investigations, business partner reviews and anti-corruption due diligence for their clients’ operations in Africa.

Experience across the continent in francophone and anglophone Sub-Saharan Africa, as well as North Africa

Hughes Hubbard has acquired vast experience in both francophone and anglophone Africa matters. We have served clients in such jurisdictions as Algeria, Kenya, Senegal, Togo, Ivory Coast, Nigeria, Ghana, Rwanda, Guinea, Equatorial Guinea, Gabon, Burkina Fasso, Tunisia, and Morocco, among others.

The firm has significant experience in French mining law as well as in the energy, natural resources and infrastructure sectors across most francophone African countries. Our skilled attorneys have experience, intervening both in the development of project and public-private partnerships, in project finance and contractual agreements related to project financing, trade finance, export finance, sovereign and structured finance, as well as experience in the resolution of disputes arising therefrom.

For more information about our Africa practice please contact:

Sena Agbayissah

Chair

Sebastien Bonnard

Partner

Remy Gerbay

Partner

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Anti-Corruption and Internal Investigations

Arbitration

Corporate

Multilateral Development Bank Investigations and Sanctions

Project Finance

Anti-Corruption and Internal Investigations

Represented a multinational infrastructure company in connection with internal investigations related to allegations of fraud, collusion and corruption in the Democratic Republic of Congo.
Represented a multinational European energy company in connection with anti-corruption compliance risk assessments, compliance reviews, internal investigations and third-party due diligence in connection with activities in Algeria, Angola, Cameroon, Congo, Egypt, Gabon, Ghana, Libya, Kenya, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Nigeria, Senegal, South Africa, Tanzania and Uganda.
Represented an NYSE-traded multinational European energy company in connection with anti-corruption due diligence for its acquisition of renewable energy assets in Tunisia.
Advised a Swiss-headquartered global industrial company on corporate governance matters related to its publicly traded subsidiary in West Africa.
Represented an NYSE-traded European telecommunications company in connection with anti-corruption risk assessments, regulatory enforcement actions and third-party due diligence for its operations across the African continent.
Represented a construction company in connection with investigations of allegations of corrupt payments in Namibia.
Represented a multinational engineering and construction company listed on the Paris stock market in connection with an anti-corruption review of its activities across Africa.
Advised a global commodities trading company in connection with anti-corruption and compliance queries involving activities in the Republic of Equatorial Guinea and Nigeria.
Represented a multinational media and entertainment company in connection with a review of activities involving an African sports confederation.
Represented an NYSE-traded company in connection with inquiries by U.S. regulatory authorities and the U.S. Senate regarding its business in Nigeria and other parts of West Africa.
Advised an NYSE-listed manufacturing company regarding post-acquisition due diligence and integration of an acquisition in Africa.
Advised a multi-national financial services company on anti-corruption and anti-money laundering issues related to acquisitions in Ghana, Zambia and Zimbabwe.
Assisted a CAC 40 French luxury group in conducting a global human rights and duty of care risk assessment, including with respect to its African supply chain. We also investigated allegations of misconduct related to one of its major suppliers based in Mozambique.
Assisted a French multinational services company in conducting a global human rights and duty of care risk assessment, with a particular focus on its African operations.

Arbitration

Represented an Indian construction group in London Court of International Arbitration proceedings relating to disputes associated with a $500 million highway in Ghana.
Counsel to a Moroccan transportation group in ICC proceedings, in a dispute with a Spanish entity concerning a partnership agreement for a bus network in Rabat.
Counsel to an energy company in an arbitration against the Republic of Tunisia and a Tunisian state-owned entity in a dispute related to an alleged misappropriation matter.
Counsel to an investor in a dispute with an African state in relation to the expropriation of its assets in the aviation sector.
Counsel to a French investor in the annulment proceedings for a United Nations Commission on International Trade Law arbitral award.
Counsel to a consortium of contractors in connection with a dispute relating to a turnkey wastewater treatment plant in East Africa.
Counsel to an investor in multiple disputes arising from a telecom project in a Central African country.
Represented a Latin American commercial bank in parallel London Court of International Arbitration proceedings relating to a commodities transaction in Ghana.
Counsel to a publicly listed Australian company in an arbitration concerning the misappropriation of its shares in a Tunisian mining company.
Counsel to a Saudi Arabian investor in an arbitration relating to the performance of a partnership agreement for an Algerian cement plant.
Counsel to Jordanian and Saudi Arabian investors in a dispute relating to a partnership with an Algerian shipping company.
Counsel to an Egyptian investor in a dispute relating to a telecom project in Africa.
Counsel to the Republic of Equatorial Guinea in Marseille-Kliniken AG v. Republic of Equatorial Guinea, an action for confirmation of an arbitral award issued against the country before the District Court for the District of Columbia.

Our attorneys have served as arbitrators in disputes across Africa, including the following matters:

Chair of a three-member tribunal in a multi-million dollar arbitration between a South-East Asian trading group and a sub-Saharan state entity relating to the purchase of medical and pharmaceutical products.
Chair of a three-member tribunal in a multi-million-dollar arbitration between a Rwandan parastatal organization and a Pakistani trading group in connection with the purchase of medical and pharmaceutical products.
Chair of a tribunal in an investment dispute arising out of highway concession in Mozambique.
Sole arbitrator in connection with a dispute relating to the construction of a facility by a Middle Eastern entity in West Africa.
Co-arbitrator in a dispute between a European company and a North African government relating to the construction of a water plant.
Co-arbitrator in a dispute between the main shareholders of a Moroccan renewable energy company and an American investment fund regarding a breach in their shareholders’ agreement.
Co-arbitrator in an investment law dispute concerning a bank subsidiary in Liberia.
Co-arbitrator in an investment dispute concerning mining operations in the Republic of Congo.

Other arbitration-related engagements:

Author of draft legislation on international arbitration and alternative dispute resolution for Rwanda.
Co-author of the arbitration rules of South Africa’s arbitration institution AFSA.
Vice President of AFSA’s International Court.

Corporate

Represented EBI (Ecobank’s French subsidiary) and Kineden Commodities in connection with the negotiation of a commodity financing facility for Kineden Commodities. We also helped establish local collateral security agreements subject to the Organization for the Harmonization of African Business Law Uniform Act.
Advised the Government of the Republic of Guinea in relation to the review and negotiation of the facility agreement for the construction of the Coyah-Mamou-Dabola Road.
Represented Société d’égrenage de Coton in connection with the negotiation and documentation of an €80 million pre-export financing agreement. We also helped establish local collateral security agreements subject to the Organization for the Harmonization of African Business Law Uniform Act.
Assisted French commodities firm, Sucres & Denrées Côte d’Ivoire, in connection with a pre-financing facility for cooperatives and local suppliers in a West African country.
Advised the West African Development Bank in connection with the negotiation of forward financial instruments with Air Côte d'Ivoire.
Advised the Republic of Togo in connection with its negotiation of an export credit framework agreement with BPI France.
Advised Raiffeisen Bank International in respect of the financing agreement with Sucres et Denrées for the export of commodities.
Advised BNP Paribas and Banque de Développement du Mali, acting as agents with respect to cotton financing for Compagnie Malienne pour le Développement des Textiles Holding.
Advised Areva, a French multinational nuclear power group, with regard to developments relating to the exploration and development of the Bakouma uranium site in Central Africa.
Represented the National Infrastructure Agency of the Gabonese Republic regarding deploying an IXP in the country.
Representation of the Republic of Guinea’s telecommunications ministry with respect to the regulations for the deployment of an IXP in the country.

Multilateral Development Bank Investigations and Sanctions

Represented a Chinese state-owned construction company in connection with the negotiated resolution of a sanctions investigation by the African Development Bank.
Represented a Chinese power company in connection with negotiated resolution of investigation by the African Development Bank related to allegations of misconduct in Uganda. We also assisted the company in negotiating a conditional non-debarment and meeting the relevant conditions, resulting in early release from debarment.
Served as independent compliance consultant in connection with a debarment imposed on an international power company by the African Development Bank.
Represented a South African engineering company regarding its resolution of a World Bank investigation and successful completion of its post-settlement cooperation and monitorship obligations.
Advised a manufacturer regarding reviews of its West African sales campaign by the African Development Bank and an export credit agency.
Represented a Spanish construction company in negotiations with the African Development Bank related to alleged sanctionable practices.
Represented a French consulting firm and individual in proceedings before the World Bank’s Sanctions Board in connection with a project in the Republic of Benin, resulting in termination of the proceedings.
Represented a French consulting firm in World Bank “show cause” proceedings relating to projects in Ethiopia, Congo, Togo, Kenya and Rwanda, resulting in termination of the enforcement action.

Project Finance

Advised the Republic of Côte d’Ivoire’s national electricity operator, CI-Energies, on its take-or-pay arrangements for the acquisition of natural gas.
Advised the Republic of Côte d’Ivoire in connection with its negotiation of concession agreements for the design, financing, construction and operation of a series of power plants as part of a strategic plan to develop the country’s energy capacity. These included the following construction projects:
- Atinkou power plant
- Azito thermal power plant
- BioTherm Energy solar power plant
- Biovéa biomass plant
- Broto coal-fired power plant
- Ciprel V thermal power plant
- Poro Power 1 solar power plant
- Songon thermal power plant
Advised the Government of the Republic of Côte d’Ivoire in connection with the negotiation of a concession contract and a power purchase agreement for a hydroelectric power plant in Tiapata.
Represented the Republic of Côte d’Ivoire in connection with the amendment of a concession agreement for the design, financing, construction and operation of a combined-cycle power plant near Abidjan.
Advised the Republic of Guinea on the negotiation of a concession contract and a power purchase agreement in relation to a hydroelectric power plant in Tiapata.
Advised the Gabonese Republic in connection with a public private partnerships project for the country’s submarine and national fiber optic network.
Advised the government of Burkina Faso on the construction and concession of the Ouagadougou-Donsin Airport.
Advised the Government of the Republic of Guinea in connection with the drafting and negotiation of the construction and operating contract for the Conakry metrobus line.
Represented the government of Togo in the design, construction, financing and operation of a critical road project linking all regions of the country.
Advised the Republic of Guinea’s transportation ministry in connection with the negotiation and drafting of a $200 million construction agreement with Turkey’s Albayrak Group to build a 22 kilometer metrobus line in Conakry.
Advised the Republic of Togo in connection with the development, construction and operation of a national road infrastructure project.