Senegal, like many African countries , recently adopted on February 22, 2021 a new Act on Public-Private Partnership contracts (the Act).
Mouhamed Kebe advises on corporate and investment transactions in sub-Saharan Africa.
With extensive experience supporting clients in emerging markets in the Francophone region, Mouhamed advises on major projects in the infrastructure, energy and natural resources sectors. He has acted on a number of landmark development transactions in the region. Mouhamed oversees commercial transactions, including joint ventures, corporate restructuring and project finance.
Mouhamed’s practice also includes international and investment arbitration. He is a chartered arbitrator with the OHADA Court of Arbitration, a member of the Arbitration Court of the ICC and a member of the Chartered Institute of Arbitrators.
Experience has included advising:
- The SNE-1 joint venture (Cairn Energy / Woodside Petroleum / FAR) on the largest global offshore oil discovery in Senegal
- Commerzbank AG on the financing of the Burkina Faso Government for the construction of health infrastructure and supply of equipment in Burkina Faso
- The Government of Mauritania on the drafting of its new Commercial Code
- Millicom on the sale of its subsidiary in Senegal and on a litigation claim brought during the sale process
- China Export-Import Bank on the financing for the Senegalese government's Mbour-Thies Expressway project
- Plan International, on a class action before the Court of Appeal of Conakry, Guinea
- China Export-Import Bank on the financing for the government of Chad for the modernization of the public sector of information and telecommunication
- A ride-sharing online platform on establishing a legal entity in Côte d’Ivoire
- KEC in a case before the Sanctions Commission of the African Development Bank
- The State of Senegal in a state-investor arbitration procedure before ICSID
- Co-Arbitrator in an ICC arbitration claim related to a hotel construction project in Togo
- Avocat à la cour admitted to the Senegalese Bar (1993)
- Avocat à la cour admitted to Ivory Coast Bar (2018)
- Law Society of England and Wales (International Division)
- University of London, Certificate in International Commercial Arbitration and Investment Arbitration (2013)
- University of Essex, LL.M. (2009)
- University of Cheikh Anta Diop, LL.M. (1997)
- University of Cheikh Anta Diop, LL.B. (1992)
- Ranked in Band 1 in Chambers & Partners Global since 2008
- Listed in Who’s Who Legal – Mining since 2015
- Named as one of Francophone Africa’s Top 50 lawyers in Jeune Afrique since 2017
- Ranked as a Leading Lawyer in IFLR1000 since 2014
- Arbitration Court of the ICC
- Chartered Institute of Arbitrators, London Branch
- African Arbitration Association
- International Bar Association
Africa is on the cusp of what could be a break in a decades-long cycle of poverty and economic shortcomings. Whether this cycle will be broken depends on the ability of African nations to put in place policies that attract and protect foreign and intra-African investment. These policies must demonstrate to investors that the rule of law will be upheld; that equitable, local dispute settlement is possible; and that potential gains will be greater than the risks involved. The enactment of the African Continental Free Trade Agreement (AfCFTA) was a huge step in the right direction. This agreement lays a solid foundation for increased intra-African trade in both goods and services and looks to build on the collective strengths of African nations and African citizens.
The purpose of this brief is to analyze COVID-19 impacts on the activities of businesses, and how they can lead to force majeure under Senegalese law.