Effective and efficient dispute resolution will remain a core aspect of doing business in Africa in coming years; and ever-evolving regulatory regimes mean that organisations need forward-thinking, expert guidance to overcome such challenges.
We represent clients in all stages of dispute resolution, including commercial litigation, cross border cases and international arbitration. Members of our dispute resolution teams have represented local and international clients before local and regional courts, regulatory bodies, and international arbitration tribunals. We ensure swift response times and tailor our advice for commercially sensible and pragmatic outcomes without compromising on the excellent quality of our work.
We approach matters holistically by working in multidisciplinary teams covering corporate M&A, real estate, banking and finance, projects and infrastructure, competition, tax and employment. Specifically, our practice is bolstered by our Forensics, Risk & Compliance team, which gives us the ability to provide seamless end-to-end support in connection with white-collar and regulatory issues. Our approach transcends traditional practice areas and silos in order to address the most complex issues in a client-centric manner. This gives our clients the unique opportunity to access a one-stop shop for all their legal needs.
We focus on the commercial objectives of the clients’ matters, which is often more important to them than legal issues and technicalities. We are increasingly involved with crisis and project management of matters across Africa, providing practical and sophisticated business solutions that help our clients achieve their important goals.
Our lawyers are flexible and not tied to one set of laws but consider the long term interests of our clients and how a matter may impact several countries. ALN firms provide seamless, cross-border support across the African continent. Our unique strength is our ability to understand the local context and to use our strong networks to navigate the regulatory landscape and provide commercial solutions to complex legal problems. Having ALN offices in all the key African jurisdictions, we understand, at a granular level, both the domestic and regional markets across the continent and can therefore tailor our services in ways that are suitably adapted to meet our client’s main objectives. We regularly advise both local and international clients on cross-border dispute matters, including multinationals, private equity, non-profit organisations and high net worth individuals.
Our team consists of a diverse array of practitioners with both local and international qualifications. They understand the relevant local, regional, and international context and are trained to analyse complicated legal, regulatory, compliance, and tax issues to deliver pragmatic and commercial advice that reduces risk for our clients.
We are able to identify issues early before legal action is taken and provide proactive solutions by putting together a multi-disciplinary team, which can tackle these issues. We are constantly responding to clients’ feedback in order to innovate and have expanded into novel practice areas by leveraging on market knowledge to attain efficiencies for our clients.
Principle Areas of Practice:
Representative matters include advising:
in connection with contentious high-profile judicial review proceedings by Interstate Petroleum Company
In connection with a dispute before the East African Court of Justice (EACJ), an international court tasked with resolving disputes involving the East African Community and its Member States, against the Government of Kenya.
In connection with a transfer pricing assessment raised by the Kenya Revenue Authority. This resulted in the triggering of the Mutual Agreement Procedure under the Kenya-United Kingdom Double Tax Treaty following discussions between the KRA and HMRC.
In connection with a suit against breach of copyright through the use of the image of a monument sculpted by the Plaintiff on the face of the Ug. Shs. 20,000/= note.
In connection with post-acquisition cross-border disputes in six countries, including Kenya, Rwanda, Malawi, Tanzania, Uganda and Burundi, filed at the London Court of International Arbitration (LCIA) in relation to a number of disputes concerning the completion accounts and breaches of contractual undertakings, warranties and indemnities.
In connection with contentious high profile judicial review proceedings by Interstate Petroleum Company against the Ministry for Energy, and other parties challenging the grant of Petroleum Sharing Contracts (PSC) to Africa Oil over several oil blocks in Northern Kenya at the High Court and Court of Appeal.
In connection with disputed termination of distribution agreements with distributors in Kenya, Tanzania and Uganda.
In connection with a recovery of a sum in excess of USD 118 million against a defaulting Hotel Group in Uganda.
We strategically represent clients across the entire dispute resolution lifecycle, encompassing:
We adeptly manage a comprehensive array of commercial disputes, ranging from contractual breaches and business torts to intricate shareholder disagreements. Our team’s proven track record of success in high-stakes litigation has been acknowledged with the “Large Disputes Team of the Year” award at the 2021 Africa Legal Awards.
We deliver practical and sophisticated business solutions meticulously designed to empower you in effectively navigating critical situations. Our dedicated team collaborates closely with you to develop and implement robust crisis management plans, strategically guiding you through intricate legal and reputational risks.
Our integrated Forensics, Risk, and Compliance team provides seamless and comprehensive support for white-collar and regulatory issues pertaining to economic crime, safeguarding your business integrity.
Our multidisciplinary teams integrate deep expertise in employment law, enabling us to effectively handle a diverse range of employment-related disputes. We provide strategic advice on employment contracts, internal policies, and regulatory compliance, ensuring optimal outcomes.
Our Dispute Resolution team offers specialised expertise in Constitutional and Human Rights Law. We represent clients in significant constitutional and human rights litigation, including challenges to the constitutionality of new taxes. Our lawyers are deeply involved in this area, acting on major civil rights litigation on a pro bono basis, demonstrating our commitment to addressing fundamental legal and societal issues.
Given the significant challenges posed by intellectual property (IP) rights infringement and counterfeiting across Africa, our Dispute Resolution team provides specialist advice and knowledge for protecting and enforcing IP rights. We understand the complexities of creating, exploiting, and enforcing intellectual property in Africa’s dynamic markets. Our services cover anti-counterfeit procedures, disputes related to industrial designs, utility models, plant breeders’ rights, copyright, and patents. We also advise on IP aspects within distribution, sponsorship, and franchising agreements. Our experience includes representing clients in cases of trademark infringement, passing off, patent infringement, trademark opposition, and copyright breach, ensuring the protection of invaluable company assets.
Our Dispute Resolution team provides expert legal support for matters involving financially distressed businesses and insolvency. As a core area of our practice, we advise a full array of stakeholders, including debtors, creditors, equity holders, new investors, and management teams. Our services cover insolvency and debt restructuring, and we integrate this expertise within our multidisciplinary approach to dispute resolution, ensuring comprehensive guidance through complex financial challenges.
Within our Dispute Resolution practice, we offer specialised support for issues arising in Procurement. Our team has experience representing clients before regulatory bodies, including procurement authorities. We can also assist with investigations into suspected procurement irregularities, leveraging our Forensics, Risk, and Compliance expertise to provide robust support.
Our accomplished team includes practitioners with extensive experience appearing before prominent international arbitration tribunals, expertly handling complex cross-border disputes. Our prowess in this domain is further validated by accolades such as “Winner – Leading Case Counsel Team” at the 2024 East Africa International Arbitration Conference.
We possess specialised expertise in resolving intricate shareholder disputes, providing strategic counsel, and robust representation in both litigation and alternative dispute resolution proceedings. Our profound understanding of corporate governance intricacies and shareholder rights ensures the resolute protection of your interests.
We expertly assist you in navigating the complex tapestry of regulatory landscapes across the African continent. Our team provides astute advice on compliance with diverse local laws and regulations, proactively helping you mitigate potential risks and ensure seamless operations throughout Africa.
In an evolving landscape where African competition regulators are growing in sophistication, we provide critical guidance to businesses. Our services encompass compliance, leniency and exemption procedures, investigations and dawn raids, prohibited practices, consumer protection, and merger notification. We also represent clients in regulatory enforcement disputes, including competition law matters. Our multidisciplinary approach allows us to provide comprehensive support for complex competition-related disputes, as demonstrated by our work advising Mastercard International in challenging regulatory decisions before the Competition Commission.
Recognising the increasing importance of digital assets, our Dispute Resolution practice includes dedicated expertise in Data Protection & Cyber Security. Our team offers comprehensive support for disputes arising from these critical areas, leveraging the capabilities of our Forensics, Risk, and Compliance team, which specialises in cybersecurity and data protection. This integration allows us to provide seamless, end-to-end support for complex regulatory and white-collar issues linked to data and cybersecurity.
Navigating complex, contentious international trade laws is crucial for success, and our Dispute Resolution team offers in-depth expertise to guide clients through these challenges. We leverage our continental reach and comprehensive knowledge of regional, bilateral, and multilateral trade agreements, including the AfCFTA, EPAs, and AGOA. Our principal areas of practice in this field include litigation, arbitration, competition, and taxes and tariffs related to international trade. We have successfully represented clients in trade disputes before regional courts, such as the East African Court of Justice, concerning customs regulations and the imposition of duties on imported goods.
Our Dispute Resolution team addresses disputes related to Land & Environment. We represent clients in a variety of complex land disputes, providing comprehensive legal support to navigate the intricacies of property and environmental regulations.
Recognising that tax dimensions are integral to most major transactions, our Dispute Resolution team provides high-value legal and tax support for disputes with revenue authorities across the region. We leverage our excellent relationships with local revenue authorities to often resolve tax disputes efficiently by engaging directly with key decision-makers. Our team has extensive experience in various tax-related disputes, including challenges to excise duties, VAT assessments, and transfer pricing assessments. We also handle constitutional challenges related to new taxes. Our multidisciplinary approach ensures comprehensive advice on complex tax issues.