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African Arbitration: Has the Elephant Bolted?

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Picking up from MoFo’s 2021 topic “Arbitration and Corruption – the Elephant in the Room”, revisit the issue with a focus on the English court’s P&ID decision and what this may mean for the arbitration of state related disputes and the added scrutiny and pressure that it may place on Arbitral Tribunals – particularly from the perspective of disputes in Africa and the challenges that these may face.

Picking up from MoFo’s 2021 topic “Arbitration and Corruption – the Elephant in the Room”, revisit the issue with a focus on the English court’s P&ID decision and what this may mean for the arbitration of state related disputes and the added scrutiny and pressure that it may place on Arbitral Tribunals – particularly from the perspective of disputes in Africa and the challenges that these may face.Our panel of speakers will include:<ul><li>Chiraag Shah, Partner, Morrison Foerster</li><li>Harry Matovu KC, Barrister, Brick Court Chambers</li><li>Ricky Diwan KC, Barrister, Essex Court Chambers</li><li>Emilia Onyema, Professor, SOAS University of London</li><li>Joseph Siyaidon, Team Lead, Stren & Blan Partners Nigeria</li></ul><hr>

African Arbitration: Has the Elephant Bolted?

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Chiraag Shah is an international disputes partner in the London office of Morrison Foerster. He has over 2 decades of experience representing clients in domestic and cross-border disputes including commercial and investor-state arbitrations around the world. Chiraag also has significant experience of cross-border multi-jurisdictional commercial litigation and sanctions related disputes.Recognised in the Arbitration Powerlist: UK, Chambers UK and as a leading individual in the Legal 500 UK, Chiraag is ‘commended for his ability to handle disputes involving the engineering and technology sectors. Recent work includes advising on proceedings related to arbitral awards, as well as ICC and SIAC arbitrations.’. Clients describe him as “breathtakingly hard-working and as a result provides exceptional results for his clients. He always has a good sense of what is best to do. He has dealt with so many arbitrations he knows exactly how it works.” “He is very responsive and provides excellent guidance and advice… is very conscientious and a pleasure to work with.” “He is cool, calm and collected... and in control all of the time.”Chiraag is dual-qualified (Kenya and England and Wales) and has represented clients in disputes in Africa and the Middle East across a range of sectors. His ‘on-the-ground experience both in Kenya (and other African jurisdictions) and the UK make him an ideal choice for disputes straddling both jurisdictions. Very well networked.’.<h4 dir="ltr">Select Experience:</h4>Arbitration<ul><li>Advising a European client in ICC Arbitration proceedings relating to sanctions compliance issues. English law applied, venue: London</li><li>Advising a Singapore headquartered commodities trader in ICC Arbitration proceedings against one of its suppliers. English law applied, venue: London</li><li>Advising a Mauritian consortium in relation to an LCIA arbitration and subsequent court proceedings in England relating to the acquisition of a Madagascan power company.</li><li>Advising a Middle Eastern entity in a SIAC arbitration relating to a joint venture project involving a telecommunications investment in Myanmar. Singapore law applied, venue: Singapore.</li><li>Advising an Israeli listed company in an ICDR Arbitration against a global distributor of medical devices regarding the distribution of high dependency units in the United States. Delaware law applied, venue: London.</li><li>Advising a Hong Kong based investment and brokerage firm in an ICC arbitration relating to post-acquisition indemnity claims arising out of the acquisition of a brokerage business. Hong Kong law applied, venue: Amsterdam.</li><li>Advising an Indonesian power company in connection with a SIAC arbitration relating to a joint venture agreement with a foreign investor, including related regulatory proceedings in Singapore. Singapore law applied, venue: Singapore.</li><li>Advising a North American Pension Fund in relation to ICC and HKIAC arbitration proceedings against Chinese entities regarding breaches of a shareholders agreement.</li><li>Advising a Chinese investor in ICSID arbitration proceedings against a European state relating to the expropriation/nationalization of assets during the economic crisis.</li><li>Advising a Middle Eastern company in an ICSID investment treaty arbitration against an Asian state relating to treaty breaches and the expropriation of investments.</li></ul> Commercial Litigation<ul><li>Advising one of the world’s leading internet streaming providers in English High Court proceedings against an AI Bot service provider</li><li>Advising a client in a multi-faceted cross-border dispute spanning numerous jurisdictions arising out of an East Asian telecoms project</li><li>Advising the bondholder creditor committee in relation to various disputes in respect of the Steinhoff Group of companies.</li><li>Advising a Qatari investor in relation to expert determination proceedings in respect of a hotel development project in Egypt.</li><li>Advising a Middle Eastern entity in relation to a customs automation project and related disputes in a West African state.</li><li>Advising an Asian consortium in relation to investment claims and boundary disputes arising out of an infrastructure project in South America.</li><li>Advising a German based manufacturer in relation to ADR and court proceedings arising out of the supply of aeronautical components to an East African based airline company.</li></ul>

Chiraag Shah

Partner

International Arbitration

African Arbitration: Has the Elephant Bolted?

05 Jun 2024 4:00 PM - 5:30 PM GMT