Dispute Resolution & International Arbitration

Our Dispute Resolution and International Arbitration Division offers comprehensive solutions for managing disputes across all our courts, regulatory bodies, and international arbitral tribunals within our judicial systems. With a focus on both litigation and arbitration, we deliver proficient representation and advice to our clients, aiming for efficient resolution and successful outcomes.

Our litigation team boasts extensive experience before major African Anglophone and Francophone country courts and internationally. We specialize in handling high-stakes litigation cases throughout Africa and beyond. Our expertise extends to assisting clients in enforcing judgments and awards across diverse jurisdictions, ensuring optimal outcomes.

In international arbitration, we possess an adept team with a strong presence in Paris and Nairobi. Our practitioners excel in advising clients in commercial and investment arbitrations, navigating both common law and civil law systems, and conducting proceedings in English and French. We’re well-versed in numerous prominent arbitral institutions globally, including the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Hong Kong International Arbitration Centre (HKIAC), and International Centre for Settlement of Investment Disputes (ICSID), along with emerging African arbitral bodies. We combine expertise with adaptability, utilizing innovative approaches to achieve optimal results for our clients.

Our services encompass a holistic approach to dispute resolution, emphasizing business-oriented solutions where appropriate, such as mediation and alternative dispute resolution methods, to ensure cost-effective and quality service. We recognize that litigation can sometimes lead to hollow victories, hence the importance of timely settlements for our client’s advantage.

Select Dispute Resolution & International Arbitration Experience

Local Litigation

• Successfully argued on behalf of KCB Group Limited at the Employment and Labour Relations Court in a claim filed by the Banking and Insurance Finance Union and successfully facilitated the payment of annual bonuses to 2,279 management staff of KCB Group Limited, the holding company of Kenya’s largest bank by assets, KCB Bank Kenya Limited, and for the subsidiaries in the region.
• Secured a win for the Kenya Medical Research Institute in a precedent-setting case at the Supreme Court of Kenya involving a matter filed by 6 researchers on allegations of institutional discrimination Kenya’s Supreme Court has now established jurisprudence on the novel issues of indirect discrimination and institutional discrimination.
• Successfully advised and acted for Africa Reinsurance Cooperation (which enjoys diplomatic immunity from the legal process) in a KES 12B dispute with the Kenya Revenue Authority (KRA).
• Successfully acted for Safaricom PLC in opposing a move by the Communication Authority of Kenya to install gadgets by which the CAK will be able to listen to and record subscribers’ private conversations and disable phones under the guise of fighting counterweight phones.

Arbitration: Local & International

• Represented Tilisi Development (a private developer) in an ICC arbitration in a claim by a contractor for a claim of KES 200M. The final submissions have been done and the matter is pending award.
• Represented Safaricom PLC (the largest telecommunications company in Kenya) in arbitration proceedings instituted by a service provider in respect of a KES600M (USD6M) claim for breach of contract.
• Acting for Blueline Developers Limited (a real estate developer) in arbitration proceedings instituted by Lexis International Limited (a contractor) claiming KES150M (USD1.5M) following the termination of a construction contract by the developer for poor workmanship.
• Acting for A. A. Bayusuf & Sons Limited (who was contracted to construct the sewerage system for Garissa town) in instituting arbitration proceedings against the Northern Water Services Board claiming KES500M (USD 5M) in respect of damages arising out of two court injunctions which stopped the works and the contractor could not resume work until the injunctions were lifted.
• Acted for National Oil Corporation of Kenya in arbitration proceedings in respect of a construction dispute arising from the termination of a contract where the Claimant sought damages of about KES 148M (USD 1.48M), further to other reliefs.
• Retained by Talewa Road Construction Limited in arbitration proceedings instituted against the Kenya National Highways Authority in respect of a dispute arising from breach of contract for the maintenance of part of the Mombasa-Nairobi Road where the arbitral award was published for KES 152 million (USD 1.5M).
• Representing the Republic of Guinea against BSG Resources Limited and BSG Resources SÀRL in an ICSID arbitration arising from mining operations (ICSID Case No. ARB/15/46).
• Representing the Republic of Guinea against BSG Resources Limited, BSG Resources Limited, and BSG Resources SÀRL in an ICSID arbitration arising from mining operations (ICSID Case No. ARB/14/22).
• Representing the Republic of Guinea against the Société Industrielle des boissons de Guinée in an ICSID arbitration arising from the creation and operations of a Guinean beverage company (ICSID Case No. ARB/12/8).
• Representing the Republic of Guinea against a major aluminum conglomerate in an ICC arbitration in Paris arising from a share purchase agreement governed by French law concerning a Guinean State mining company.
• Representing the Republic of Guinea against Société Civile immobilière de Gaeta in an ICSID arbitration arising from commercial property development operations (ICSID Case No. ARB/12/36).
• Representing the Republic of Guinea against Getma International, Getma International Investissements, NCT Infrastructure & Logistique, NCT Necotrans in an ICSID arbitration arising from the termination of a concession agreement for the operation of a container terminal in the Conakry Port (ICSID Case No. ARB/11/29).
• Representing the Republic of Guinea against Getma International in a CCJA arbitration arising from the termination of a concession agreement for the operation of a container terminal in the Conakry Port.
• Representing a contractor against an employer in a CIArb arbitration in Geneva arising out of service provider agreements governed by Dutch law.
• Representing a French biotech company against one of the largest pharmaceutical groups in an ICC arbitration in Paris worldwide arising from a licensing agreement governed by French law.
• Representing European shareholders against other shareholders in an ICC arbitration in Paris arising out of a shareholders’ agreement subject to Dutch law.
• Representing a de-pollution company against a French contractor in an ICC arbitration in Paris concerning a remediation agreement governed by French law.
• Representing a Dutch chemical company against an Italian chemical company in an ICC arbitration in Paris arising out of a share purchase agreement governed by Italian law.
• Representing a Swiss consulting firm against a Japanese manufacturing company in an ICC arbitration in London, following the termination of a purchasing optimization agreement subject to Japanese law.
• Represented a US media group against a Chinese media group in arbitration at the Hong Kong International Arbitration Centre in Hong Kong arising from a variation agreement and several license agreements.
• Represented a US supplier and a Chinese purchaser in a Hong Kong International Arbitration Centre arbitration in Hong Kong relating to a distribution agreement subject to the laws of the State of New York.
• Represented a Togolese provider of financial and commercial solutions against Mauritian and French telecommunication companies in an ICC arbitration in Paris between a Togolese provider relating to a confidentiality agreement governed by French law.
• Represented a Togolese provider of financial and commercial solutions against English and Luxemburg telecommunication companies in an ICC arbitration in Paris relating to the acquisition of a Senegalese telecommunication company governed by English law.

Awards & Recognition