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.
Our attorneys appear for clients both in court litigation and alternative forms of dispute resolution, such as arbitration and mediation.
We have experience before all courts in Senegal and represent clients before the World Bank’s International Centre for Settlement of Investment Disputes. Mouhamed Kebe is a chartered arbitrator before the Arbitration Court of the OHADA States.
We have the local knowledge to apply the regulatory, economic, political and cultural context to legal issues and develop case strategies, including technically challenging or complex multi-jurisdictional matters.
Our lawyers in Senegal are experienced in providing the highest quality public law advice informed by a detailed knowledge and understanding of government and government processes.
We advise both public and private sector clients on a wide range of matters arising from the development, passage, content, interpretation and application of laws and regulations, as well as dispute resolution and investigative processes, including judicial review, public inquiries, statutory appeals and tribunal processes.
Understanding global antitrust and competition rules is a necessary and prudent part of any successful business strategy in today's global economy.
Whether your company is large or small, if it is considering forming a business alliance, moving into a new market, taking a new tack with its competitors, implementing a new production, marketing or distribution strategy, or growing through corporate development, our lawyers in Senegal can assist with the requirements of antitrust and competition laws.
The aviation industry is constantly changing and novel issues regularly arise. The international nature of aviation means that when disputes arise, they tend to be cross-border. Varying business cultures, legal frameworks and business practices can make the resolution of disputes time-consuming and potentially very costly.
Our lawyers in Senegal are on hand to provide cost-effective assistance aligned to the client's commercial objectives and protection of its business.
We are experienced in handling large and complex investigations and claims and are regularly instructed by large financial institutions in relation to their most substantial and sensitive disputes.
The class action device allows plaintiffs' lawyers to file complaints that claim to redress a supposed wrong on behalf of groups of aggrieved investors, shareholders or consumers.
Our lawyers in Senegal are experienced in bringing and defending class actions across a range of sectors.
Infrastructure, energy and construction projects are technically complicated, strategically important and high value and often involve multiple parties from numerous jurisdictions.
We know that disputes do not take place in a vacuum, but are firmly rooted in cultural, political and economic environments, and we have experience dealing with such disputes across French speaking Africa.
When securities litigation arises in the context of a broader corporate crisis, we assist clients with civil investigations and enforcement proceedings.
Our lawyers in Senegal represent public corporations, individual officers and directors of corporations, underwriters, accounting firms, and investment advisers in every area of securities litigation.
Globalization of the world's markets has brought ever-increasing opportunities for international commerce. With this comes increased legal, regulatory, political, cultural, financial and reputational complexity and risk for international businesses in the form of disputes.
We can effectively manage cross-border litigation for our clients. Our lawyers in Senegal possess a comprehensive knowledge of local law, procedure and market conditions, and are skilled at combining that knowledge with broad regional experience.
Our environmental, health and safety lawyers design innovative and practical solutions to complex problems that arise from the laws and policies governing environmental protection, energy, natural resources, health and safety at work, and product safety.
Our lawyers in Senegal have experience helping clients with international operations meet the evolving – and sometimes conflicting – expectations of regulatory and enforcement agencies.
We guide clients in all aspects of designing, implementing and managing compliance programs, assessing and mitigating risk, remediating compliance issues and running internal investigations.
Our lawyers in Senegal are experienced in handling complex, large-scale insurance and reinsurance disputes.
We regularly represent insurers and reinsurers in in all forms of dispute resolution — litigation, arbitration and alternate dispute resolution — as well as providing counsel including coverage analyses, claim monitoring and assistance with policy drafting and regulatory issues.
Cross-border disputes are ever more significant in international business. International arbitration has increasingly become the preferred method of resolving such disputes, offering the benefits of greater flexibility, confidentiality and crucially, prospects for enforcement, than national court based litigation.
Our arbitration team is skilled at developing strategic approaches to complex legal problems, aimed at obtaining favorable outcomes for our clients, without jeopardizing their long-term goals with business partners. The team also has experience appearing in local courts to enforce or resist enforcement of arbitral awards, under the New York Convention.
Our lawyers in Senegal have experience in conducting international arbitration including acting as counsel or sitting as arbitrator under the OHADA Court of Arbitration, ICSID and ICC.
Understanding human rights impacts is an essential component of integrity, risk management and citizenship. In addition to minimizing litigation risks, demonstrating respect for human rights is vital to building a culture of trust and integrity, protecting brand profile and enhancing reputation, managing investor and shareholder relations and making companies attractive business partners.
Our business and human rights lawyers in Senegal have multi-jurisdictional, cross-practice experience to support business in this emerging area.
Our objective is to help our clients, whether business or government, to navigate their way through the complex network of regulation, legislation and standards that govern global policy making; to understand policy creation and decision making processes and to ensure their opinion is heard and heeded in global capitals.
IT and telecommunication services are business critical. It is of paramount importance for businesses to have at their disposal lawyers who understand the IT and telecoms sector, are experienced in handling large-scale commercial, regulatory and competition disputes and who can deliver value for money.
We are experienced in all methods of dispute resolution including litigation, international arbitration, mediation and expert determination.
Our lawyers are well placed to assist clients with all aspects of merger control.
We are accustomed to navigating the complexities of different merger control regimes and coordinating our efforts across the globe to ensure a timely and consistent approach.
Our lawyers in Senegal assist our manufacturing clients on risk, compliance and business management at every stage of the product life cycle.
We are positioned to defend claims of any scope. We help our clients keep ahead of the game on compliance with product safety legislation, through advocacy and engaging if necessary with government legislatures and the public regulatory authorities.
Regulatory bodies and law enforcement agencies globally are now more powerful than ever before. They are showing greater willingness to use the powers made available to them, encouraged by government initiatives, to persuade companies that regulation must be taken seriously.
Our lawyers in Senegal can help clients manage a crisis, provide guidance through an investigation and provide advice on becoming fully compliant with specific regulations in the OHADA states in Africa.
Experience has included advising:
- Dangote Pty Ltd in a successful appeal before the Senegalese Supreme Court regarding a tax liability.
- The Republic of Senegal in an investor-state arbitration claim registered with the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) brought by French multinational VICAT.
- Plan International in its successful defense of a labor claim before the Court of Appeal of Kankan, Guinea.
- KEC in a case before the Sanctions Commission of the African Development Bank.
The reforms to the common arbitration laws are part of an effort to promote and consolidate alternative methods of settling disputes in the region.
GENI & KEBE co-hosted a two-day Master Class with the Institut Superieur de Management (ISM) School of Law, titled “Investment Arbitration in Africa: Challenges and Perspectives”.