Insight type: Article

We have, over many years, been advising family-owned businesses on estate and succession planning, the inter-generational movement of wealth, governance and a host of other pertinent issues including, family business remuneration challenges. It has been and continues to be an intriguing journey for us, having to consider cultural and religious sensitivities, highly driven patriarchs, entitlement culture, generational differences in terms of vision and priorities and lack of family cohesion. Additionally, the applicable legal and tax regimes, complicated economic conditions like exchange controls, currency issues, and political turmoil challenge not only the business side of making money and growth but, additionally, family relationships. These are all crucial factors for consideration. 

The Kingdom of Saudi Arabia (KSA) is undergoing a transformative shift in its economy. In 2016, the KSA launched the Saudi Vision 2030, an initiative to, among others, attract foreign and domestic investment by improving the regulatory environment and enhancing business opportunities. A key piece of this transformation came on 11 August 2024, when the Saudi Ministry of InvestmenMISA) introduced an updated Investment Law under Royal Decree No. (M/19) Investment Law 2024-1446 (New Law), replacing the foreign investment law from Royal Decree No. (M/1) 5/1/1421H (Old Law). The New Law will take effect 180 days after its publication, on or around 7 February 2025.

Arbitration is a preferred dispute resolution mechanism in Kenya, valued for its efficiency, confidentiality, and flexibility. However, corruption poses significant challenges in this landscape. As the fight against corruption intensifies across all business stages, allegations increasingly surface in commercial disputes and arbitration proceedings. These claims may arise as strategic tactics, excuses for avoiding obligations, or genuine efforts to address irregularities and misconduct.

Partners Aisha Abdallah and Abbas Esmail and Senior Associate Odhiambo Obonyo spoke to Navacelle Law to highlight how allegations of corruption impact arbitral jurisdiction, the validity of awards, and the role of courts in Kenya.

As governments and organisations increasingly recognise the impact of human activities on global warming, it has become imperative to prioritise climate concerns and address the climate crisis that threatens communities, economies, agriculture, food, and water supply. Addressing this challenge requires substantial financing, which led to the creation of a new class of securities that are credible and attractive to both institutional investors and environmental organisations.

The Nigerian energy sector is in the midst of significant transformation, with wide-ranging activities across oil, gas, electricity, and renewable energy. Key drivers of this shift include regulatory reforms, international divestments, gas sector investments, and efforts to modernise the electricity market. International Oil Companies (IOCs) are divesting from Nigerian onshore assets, creating new opportunities for local and regional players. Simultaneously, Nigeria’s gas sector is seeing increased investment through major infrastructure projects.

Arbitration remains the most preferred method of resolving commercial disputes in Africa. While Africa has a substantial number of arbitral institutions, it is ordinarily expected that Africa-related disputes would be resolved within the continent to enhance the growth of arbitration and build trust in these institutions.

Africa’s foreign exchange (FX) landscape is a complex yet evolving domain, marked by significant challenges and notable progress. While the continent lags behind other developing regions in financial development indicators, it has made strides in integrating with the global economy and enhancing the resilience of its domestic capital markets. However, issues such as hyperinflation, currency volatility, and foreign exchange scarcity continue to pose substantial hurdles, necessitating innovative solutions and collaborative efforts to navigate these persistent financial challenges.