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Tour d’horizon des réformes récentes du secteur minier et de la protection des investissements en Afrique

Au cours de ces dernières années, plusieurs États africains ont mis en œuvre des réformes d’ampleur de leurs régulations minières, aboutissant notamment à l'imposition d'exigences réglementaires accrues sur les acteurs de ce...more

Update of reforms to the mining sector and investment protection in Africa

In the past few years, several African States have implemented wide-ranging reforms to their mining sector, which have resulted in the imposition of increased regulatory requirements on actors as well as, in some instances,...more

Approaching a rapprochement?

In two recent decisions related to anti-suit injunctions in the presence of an arbitration clause, the English courts grapple with the differences between the French and English legal systems....more

Zooming in on the Investment Protocol to the AfCFTA: a new era for investment disputes across Africa?

Following the entry into force of the Agreement Establishing the African Continental Free Trade Area (“AfCFTA”) in May 2019, intra-African cooperation recently took a further step forward with the adoption of its Investment...more

Food fight – French and English courts clash over correct law to apply to arbitration agreement Talking Point Asia – October 2022

A French court decision in the case of Kabab-Ji v Kout Food issued on 28 September 2022 by France's highest court brings into particularly sharp focus the different approaches by the French and English courts in deciding the...more

Recent decision confirms disagreement between French and English courts regarding law to be applied

The decision in the case of Kabab-Ji vs Kout Food issued on 28 September 2022 by France’s highest Court brings into particularly sharp focus the French and English court’s differing stance in deciding the law applicable to an...more

Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un...more

Looking at 10 years of the Kigali International Arbitration Centre

Thomas Kendra, a partner of Hogan Lovells’ International Arbitration team in Paris and a board member of the Kigali International Arbitration Centre (KIAC), takes stock of KIAC’s achievements a decade after its launch. This...more

Paris court clarifies the scope of enforcement of awards set aside at the seat

In the recent decision of SGS v. Benin, the Paris Court of Appeal clarified its previous approach of accepting to enforce awards set aside at their seat, which had taken place in this case under OHADA law. However, the Court...more

The CCJA’s stance on arbitrators’ duty to disclose: the International Business Corporation case

The ability of parties to be involved in the selection of the arbitral tribunal from the outset is a distinguishing feature of contemporary international arbitration, and probably what parties consider to be one of the key...more

AfCTFA: The basics – what you need to know

The African Continental Free Trade Area (AfCFTA) will be the world’s largest free trade area since the formation of the World Trade Organization. It aims to bring together all 55 member states of the African Union (AU)...more

Coronavirus in the mining sector and its effect on contract performance: A checklist

As mining projects around the globe are hit by the extreme situation caused by the coronavirus, many mining businesses are likely to face important practical difficulties. This comes as a second impact for many: with...more

COVID-19: will State measures give rise to a new set of investment claims?

Governments around the world have responded to the COVID-19 pandemic with drastic, and at times divergent, measures that impact both the global economy at a macro level, and businesses in many sectors, at a micro level....more

Coronavirus in Africa and its effect on contract performance: a checklist

As Africa in turn is hit by the extreme situation caused by the coronavirus, many businesses are likely to face important practical difficulties. This comes as a second impact for many: with African trade remaining more...more

The CJEU holds CETA's dispute resolution mechanism to be compatible with EU law

The European Court of Justice's decision: On 30 April 2019, the European Court of Justice (CJEU) issued its much-anticipated Opinion 1/17 finding that the investor-state dispute settlement mechanism provided in the Canada-EU...more

The African single market takes a step forward as the African Continental Free Trade Area Agreement becomes a reality

Gambia paves the way for the entry into force of the largest free trade zone in the world. On 2 April 2019, Gambia became the 22nd country to ratify the African Continental Free Trade Area ("AfCFTA") Agreement, which is now...more

The Paris Court upholds the supranational nature of OHADA law in dismissing annulment application (CA Paris 16/25484, 20 December...

The Paris Court of Appeals recently upheld an arbitral award applying OHADA law. The application to set aside the award had been brought by the State of Cameroon based on arguments made under Cameroonian law....more

The establishment of three new organisations points to further growth in african arbitration

Africa's economic growth is picking up pace and is expected to reach 6.3% in East Africa and 3.4% in Sub-Saharan Africa by the end of this year....more

The establishment of three new organisations points to further growth in African arbitration

Africa’s economic growth is picking up pace and is expected to reach 6.3% in East Africa and 3.4% in Sub-Saharan Africa by the end of this year. ...more

Newsflash: The Netherlands' new Draft Model Bilateral Investment Treaty, a proposal for a new investment protection regime

Since 2011, the compatibility of the States' consent to investment arbitration in Bilateral Investment Treaties (BIT) with European Union law (EU law) has been strongly discussed in Europe. ...more

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