Francophone Africa is an important and growing market, dynamic and rich in business opportunities. Our Francophone Africa arbitration team has deep experience assisting African and international companies operating across the region to manage business and investment risk, as well as advising states and state-owned entities in their relationships with private investors.
We combine extensive international commercial and investment treaty experience with in-depth knowledge of key sectors in Francophone African countries, including oil and gas, construction, mining and minerals, infrastructure, transportation (railway, shipping and aviation) and telecoms.
We guide our clients through the unique challenges and opportunities of arbitrating in the region and help them to achieve the best possible outcome for their businesses. Recent successes include a $170 million ICC award in favor of a major construction group in an arbitration brought against the State of Gabon in a dispute involving undue pressure and allegations of corruption, and successfully obtaining a conservatory measure on a state asset valued at €400 million.
We are well-versed in acting in arbitral proceedings under the rules of the major arbitration institutions, including the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the Swiss Chambers’ Arbitration Institution (SCAI), and the Cairo Regional Centre for International Commercial Arbitration (CRCICA). We also represent clients in ad hoc arbitrations under the OHADA (Organisation pour l’Harmonisation en Afrique du Droit des Affaires) Uniform Act on Arbitration and the UNCITRAL (United Nations Commission on International Trade Law) Rules. Our wide experience covers arbitration-related litigation, including representing clients in annulment proceedings before state courts.
- "Reed Smith is frequently entrusted by international companies facing commercial arbitration disputes in the energy, construction and transport sectors and regularly acts in Africa-related matters." The Legal 500 EMEA – France 2023
- “A team with very strong expertise, arbitration skills, flexibility, availability.” The Legal 500 EMEA – France 2022
- “The practice offers long-standing experience in African-related disputes.” The Legal 500 EMEA – France 2021
We are well-versed in acting in arbitral proceedings under the rules of the major arbitration institutions, including the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the Swiss Chambers’ Arbitration Institution (SCAI), and the Cairo Regional Centre for International Commercial Arbitration (CRCICA). We also represent clients in ad hoc arbitrations under the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA) Uniform Act on Arbitration and the United Nations Commission on International Trade Law (UNCITRAL) rules. Our wide experience covers arbitration-related litigation, including representing clients in annulment proceedings before state courts.
Strategic advice – We help clients at the outset of an investment in Francophone Africa, advising on how to structure foreign investments to minimize risk and how to draft effective dispute resolution clauses in both commercial contracts and investment agreements, including choice of seat of arbitration, applicable law and procedural rules, and steps to maximize enforcement efficacy. We are on hand to help clients with all aspects of contract management. Should a dispute arise, we cover the whole range of advice, from pre-arbitration conservatory measures to assisting with award enforcement.
Dual-qualified and multilingual – We have a dedicated team of international lawyers qualified in France – a prerequisite when acting as counsel in Francophone Africa given the importance and influence of French law and French doctrine in the region’s legal systems. Our lawyers are able to conduct advocacy directly in many jurisdictions across Francophone Africa and our team includes lawyers fluent in French, English, and Arabic. Team members have been described by directories, clients, and peers as having “extensive experience in arbitration and disputes involving African parties” and always delivering “very high-quality work.”
Understanding OHADA – Our team offers a comprehensive understanding of the laws of the OHADA zone, of the regulations developed in the context of other regional institutions and initiatives (Communauté Economique et Monetaire de l’Afrique Centrale/Economic Community of Central African States (CEMAC/ECCAS), Communauté Economique des Etats de l’Afrique de l’Ouest/The Economic Community of West African States (CEDEAO/ECOWAS), Union Economique et Monétaire Ouest Africaine/West African Economic and Monetary Union (UEMOA/WAEMU), etc.) and of the national laws of countries in the Francophone Africa region. We have experience in almost all of the OHADA member States.
Investment treaty advice and representation – Businesses considering an investment in a foreign jurisdiction need to consider available investor protections and how to structure the investment to take advantage of applicable treaties and domestic investment laws. This includes ensuring that the contractual framework supports and facilitates investor protections, particularly in politically unstable and/or developing countries where there is a high risk of governmental or regulatory interference, or when investing in high-profile assets. We represent clients with investments abroad, helping them to benefit from a range of legal protections to safeguard their international investments against host state interference at both the pre-contractual and post-contractual stages and once a dispute has arisen. We also have extensive experience acting both for and against states and state-owned entities in investment treaty arbitration disputes.
Partnering with co-counsel – We are highly experienced at working with a strong network of local co-counsel across Francophone African jurisdictions to ensure our clients receive a first-rate and coordinated service from their combined external counsel. This is particularly true when providing legal services in Africa-related projects where local knowledge, in addition to global expertise, is key to success.
Thought leadership – Our Francophone Africa team regularly contributes to leading publications and conferences on topics related to Francophone Africa and the wider African continent. A number of our lawyers are involved in organizations promoting arbitration in the region. Ana Atallah is vice president of the Scientific Committee for Arbitration of the Franco-Arab System (Center of Mediation and Arbitration of the Franco-Arab Chamber of Commerce). Clément Fouchard and Guillaume Aréou are founding members of AfricArb, a nonprofit organization that promotes arbitration and alternative dispute resolution in Africa.
