International firms
Transcription
International firms
INTERNATIONAL FIRMS LEAGUE TABLES International firms ENERGY AND INFRASTRUCTURE Highly recommended Allen & Overy Ashurst Chadbourne & Parke Clifford Chance Herbert Smith Freehills Hunton & Williams Linklaters Norton Rose Shearman & Sterling Trinity International White & Case Recommended Baker Botts Cleary Gottlieb Steen & Hamilton Dentons Eversheds Freshfields Bruckhaus Deringer Gide Loyrette Nouel Jones Day Milbank Tweed Hadley & McCloy King & Spalding Orrick Herrington & Sutcliffe Slaughter and May Vinson & Elkins Notable Baker & McKenzie Berwin Leighton Paisner Clyde & Co CMS DLA Piper Curtis Mallet-Prevost Colt & Mosle Fasken Martineau Greenberg Traurig Hogan Lovells King & Wood Mallesons Latham & Watkins Lawrence Graham Mayer Brown International McCarthy Tetrault McDermott Will & Emery Pinsent Masons Reed Smith Simmons & Simmons Skadden Arps Slate Meagher & Flom Stephenson Harwood Sullivan & Cromwell Winston & Strawn Wragge & Co 8 DISPUTES Highly recommended Shearman & Sterling Recommended Allen & Overy Bredin Prat Cleary Gottlieb Steen & Hamilton Clifford Chance Gide Loyrette Nouel Herbert Smith Freehills Freshfields Bruckhaus Deringer White & Case Notable Ashurst Baker & McKenzie Baker Botts Chadbourne & Parke Clyde & Co CMS Curtis Mallet-Prevost Colte & Mosle Hogan Lovells Hunton & Williams Orrick Herrington & Sutcliffe Skadden Arps Meagher Slate & Flom Stephenson Harwood Vinson & Elkins LOCAL COUNSEL NETWORKS Highly recommended ALN (Africa Legal Network) Lex Africa Recommended Bowman Gilfillan Africa Group Miranda Alliance JW Ffooks & Co Notable ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 DLA Piper Group ENS Africa FIRM BRIEFINGS INTERNATIONAL FIRMS Allen & Overy Introduction It may come as no surprise to read that nearly all the practitioners we spoke to have seen an increase of work related to energy and infrastructure in Sub-Saharan Africa over the past five years and that a mini-trend within this has been the increasing involvement of offices based in the Middle East, Asia and Australia. Paris and London remain the key legal intersections for Africa projects for advisory, transactional and contentious cases, although there is a significant amount of World Bank and IFC sponsored work, project financing and compliance matters coming out of the US. 2012 Firm Overview Active jurisdictions Angola, Burkina Faso, Burundi, Cameroon, Cape Verde, Cote d’Ivoire, DRC, Ethiopia, Gabon, Ghana, Kenya, Madagascar, Mali, Mauritania, Mauritius, Mozambique, Namibia, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, Zambia Highlight clients Shell, Dangote Group, Jinchuan, IFC, Ecobank, African Development Bank Key offices London, Paris, Perth, Dubai, Amsterdam, Beijing, Hong Kong, Abu Dhabi, Casablanca, New York Law capability English, French, Spanish, US Key partners Shaun Beaton, Dominic Morris, Erwan Poisson, Tim Scales, Michael Young Topics of discussion for industry figures in 2012 include South Africa’s renewable energy programme and the national power privatisation process in Nigeria, which both reached milestones in early 2013. Oil and gas finds in East Africa, particularly in Mozambique, also generated numerous transactions, while one striking feature has been the development of megaprojects involving multiple international parties in which, for instance, a mining project is conceived along with a transport infrastructure programme (roads, rail, ports) and its own power generating infrastructure. Over and above the traditional fossil fuel projects there have been some very notable developments in renewables especially in South Africa and Kenya, with the Lake Turkana Wind Farm, and in terms of ambitious multijurisdictional projects, such as the Ruzizi III hydropower dam. On the arbitration side many partners are beginning to speculate about the possible role countries such as South Africa, Mauritius or Rwanda will play as centres for regional disputes where Mauritius and Rwanda, in particular, have made a big push towards positioning themselves as neutral arbitration hubs. Allen & Overy is recommended for everything related to project finance and banking but also clinched some of 2012’s biggest corporate mandates, such as Shell’s African downstream divestments. The firm works across the continent and acts on all manner of energy and infrastructure transactions, particularly in power, renewables and infrastructure. The Paris office has a strong practice in litigation and arbitration. “I am very happy with A&O’s services. We engage Tim Scales’ team in Paris regularly for Africa projects and we are not disappointed... great depth of team, very good marks on dedication. His team comes highly recommended for complex projects”, says a client. A&O is active with International Lawyers for Africa (ILFA), through which it has been working to develop the legal sector in Rwanda, and operates a rolling secondment programme with the Africa Legal Network (ALN). It works through an informal network of local counsel firms and has its own regional intelligence unit, GLIU, which generates research on developments on the ground. Matters A&O’s dispute partners Michael Young and Erwan Poisson acted for Dangote Group in a number of disputes relating to shareholder rights, corporate governance and land rights and in potential ICSID, UNICITRAL (Nigeria) and investor-state arbitrations. A highlight corporate mandate saw Dominic Morris act for Shell on its $1 billion divestment from its downstream businesses across 14 African countries. The firm also negotiated oil & gas production sharing agreements in Mauritania and helped Jinchuan in its unsolicited bid for copper and cobalt producer Metorex. Tim Scales and Shaun Beaton won instructions from the IFC and FMO on the expansion of the Takoradi 2 gas-fired power project in Ghana and Lake Turkana Wind Company and Aldwych International on the development, financing and construction of the 300MW Lake Turkana wind farm in Kenya. Greg Brown also acted for banks on loans and debt capital markets transactions, notably for Tonkolili Iron Ore Project in Sierra Leone. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 9 INTERNATIONAL FIRMS FIRM BRIEFINGS Ashurst 2012 Firm Overview Active jurisdictions Angola, Benin, Cameroon, Chad, Congo (Republic of ), Cote d’Ivoire, DRC, Gabon, Ghana, Guinea, Kenya, Namibia, Rwanda, Sierra Leone, South Africa, Sudan, Tanzania, Uganda, Zambia Highlight clients Tullow Oil, Hercules Oil, Gold One International, Aeolus Kenya, Satarem Key offices Brisbane, Hong Kong, London, Melbourne, Paris, Perth, Singapore, Sydney, Tokyo Most active disciplines Equity capital markets, corporate and commercial, M&A, project finance, EPC Key sectors Mining and metals, oil and gas, power, renewable energy, water, sewage and utilities Law capability English, French, Spanish, US Key partners Ronnie King, Robert Ogilvy-Watson, Geoffrey Picton-Turbevill, Peter Roberts, Antony Skinner, Cameron Smith, Mike J Smith Ashurst gets great reviews from clients in the oil and gas space and in renewable energy, especially in East Africa where it has recently been involved in developing the wind energy sector. The firm has a non-exclusive alliance with the ALN and a fruitful relationship with Chinese firm Guantao Law Firm. It is active in the ILFA programme and took secondees from 17 African countries in 2012. “My experience with Ashurst has been fantastic, they are very good at what they do and the service they provide,” says client from an African government, recommending Peter Roberts and Geoffrey Picton-Turbervill. They are “very good at capacity building with the client and training”. Ashurst “has been spectacular, can’t sing their praises enough,” says another client, “I have great respect for the way they do things and they have a first rate alternative energy practice”. Antony Skinner and Mike J Smith (an ex-Siemens in-house) are highly praised for their PPA (power purchase agreements) and EPC expertise. Others praise Michel Lequien and Cameron Smith: “very efficient, lots of experience on contracts... fast and always responsive even under stress”. Matters Ashurst was busy for Tullow Uganda, in one case acting in litigation against Heritage Oil over tax payments to the Ugandan government amounting to $314 million. The firm also appeared for Hercules Oil in ICC arbitration following withdrawal from a joint-venture agreement in Nigeria for the drilling of an oil well. Ronnie King and Tom Cummins played key roles. Roberts was active advising on commercial contracts, again for Tullow Oil, in Ghana and Uganda, and for Angola LNG, while Robert OgilvyWatson led teams advising Chinese-state owned CGNPC Uranium Resources on its €708 million takeover of UK-listed Kalahari Minerals, along with a $2.6 billion financing for a uranium mining project in Namibia. Roger Davies acted for Gold One International on the Australian aspects of its acquisition of Rand Uranium and subsequent majority sale to a Chinese consortium. Meanwhile, Skinner, Smith and George May were embroiled in a landmark project for Aeolus Kenya: the Kinangop Wind Farm. The firm was also working with Satarem on wasteto-energy projects spanning Guinea, Ivory Coast and Gabon. 10 Baker & McKenzie 2012 Firm Overview Active jurisdictions Angola, Botswana, Burkina Faso, Cameroon, Chad, Cote d’Ivoire, DRC, Equatorial Guinea, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Madagascar, Mauritius, Mozambique, Namibia, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, Zambia, Zimbabwe Highlight clients First Rand Bank, Deutsche Bank, Allianz Climate Solutions, Trafigura Beheer Key offices London, Paris, Johannesburg, Rome, Chicago Most active disciplines Litigation, company and commercial, M&A and joint-ventures, banking, debt capital markets and structured finance, project finance (energy, infrastructure, IPP), renewables finance, EPC Key sectors Mining and metals, oil and gas, power, renewable energy and clean technology, roads Law capability English, French, Spanish, US, South African Key partners Richard Blunt, Scott Brodsky, Neil Donoghue, Martijn Wilder, Jeremy Winter Baker & McKenzie now offers over 150 lawyers on the ground in South Africa, Egypt and Morocco along with its global network. The firm’s strength is its global reach and local presence. For example, in 2012 it led an energy deal with finance and project capacity in Johannesburg, EPC lawyers from Chicago, construction partners from London and a compliance team from Washington DC. The South Africa office opened in May 2012 with the highly experienced Dewey & LeBoeuf team and now manages pan-African deals out of the London and Johannesburg offices primarily, although its Australian and Asian networks feature highly. It boasts a large mining and metals team and environmental law practice and is well established for project financings. On the pro-bono side, the firm has been working with the International Senior Lawyers Project (ISLP) and key public representatives on petroleum law matters in Sierra Leone. It has also won numerous accolades from Petroleum Economist and MergerMarkets for its involvement in African energy and renewables deals. Matters In 2012, Johannesburg based Gerhard Rudolph and Kate Daniels were representing an E&P client as a claimant in an arbitration relating to facilities in Malawi and Namibia, while London’s Jeremy Winter appeared for a Kenyan contractor in arbitration against the Tanzanian government concerning a road construction. Global Oil & Gas head Neil Donoghue was advising Sociedad Nacional de Combustiveis de Angola (Sonangol) on the $10 billion Sonaref Refinery Project, which, as part of a strategic plan by Angola, will convert heavy crudes into high quality fuel, diesel and LPG for domestic use and export. Melbourne-based John Mollard was acting for Syrah Resources on its acquisition of Jacana Resources and the development of projects in Mozambique. Marc Fèvre and Richard Blunt and Martijn Wilder were also active in interesting projects in the DRC, Namibia, Gabon and Kenya, among other countries, advising governments and private companies on corporate, restructuring, PPP and environment and regulatory mandates. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS Baker Botts Bowman Gilfillan 2012 Firm Overview Active jurisdictions Angola, Chad, Congo (Republic of ), Cote d’Ivoire, Equatorial Guinea, Gabon, Liberia, Nigeria, South Africa 2012 Firm Overview Active jurisdictions Angola, Botswana, DRC, Kenya, Mozambique, Namibia, South Africa, Tanzania, Uganda Highlight clients Brass LNG, GDF Suez, Initiative for Global Development, Elvaton Nigeria Highlight clients Development Bank of South Africa (DBSA), South African government, Key offices Abu Dhabi, Riyadh, Dubai, London, Houston, Moscow, New York Key offices Johannesburg Most active disciplines Company and commercial, M&A and joint-ventures, project finance, renewables finance, EPC, regulatory and compliance Most active disciplines Disputes, project finance, EPC, environmental, land, public and administrative Key sectors Mining and metals, oil and gas, power, renewables and clean technology, industry and manufacturing Key sectors Oil and gas, mining and metals, power, renewables, airports, industry and manufacturing, ports, water, sewage and utilities Law capability English, US Law capability South African. With network: Tanzanian, Kenyan, Ugandan Key partners Jason Bennett, David Powers, Stuart Schaffer, Stuart Solsky Key partners Anton Barnes-Webb, Rob Legh Stuart Schaffer leads Baker Botts’ Global Projects Group out of Houston. The firm has been advising on Africa deals since the 1970s and one of its highlight continuing mandates since 2005 has been for Brass LNG on its liquefaction terminal in Nigeria. Indeed, the firm maintains an edge in LNG related work, boasting more worldwide LNG projects than any other, and recently handled LNG matters in Equatorial Guinea and Angola. It also has a dedicated energy team and an exceptionally heavy footprint in West Africa’s oil and gas sector. “They really know what they are doing”, says a client. The Lex Mundi association connects Baker Botts with some of the leading firms in Nigeria, Senegal, Ghana, Mauritius and South Africa. Matters A team led by Michael Goldberg with Michael Lennon was successful in litigation on behalf of a European infrastructure client securing reimbursement relating to facilities in West Africa. David Powers, Maura Goldstein and Stuart Solsky assisted Buchanan Renewables on financing for a $290 million biomass fuel business and independent power project in Liberia, with financing from OPIC. The project will be significant for Liberia and the carbon footprint of its utility system. The firm was also advising the Initiative for Global Development on forms of power purchase agreement and host government agreements for power project in Africa, incentivising and standardising new approaches to power. A highlight deal had the firm advising Brass LNG on shipping, LNG sales, EPC contracts and gas supply issues of its high profile LNG project in Nigeria. John White, Jason Bennett, Hamish McArdle and Solsky were leading the project. Bowman Gilfillan currently has arguably the best pan-Africa practice of the South African firms, while its domestic energy and infrastructure practice also gets great feedback. On the pan-African side South African firms have tough competition, especially where much of the big ticket work emanates from Europe, Asian or US hubs and is structured under English or French law, but the BGAG (Bowman Gilfillan Africa Group) is very strong in southern Africa especially and a leading provider of local law support. Rob Legh leads the firm’s pan-Africa practice. Clients praise Ezra Davids’ team for commercial work, where Charles Young has recently been heading deals. Derek Lotter comes highly praised for competition, Claire Tucker is highly recommended on natural resources, mining and metals, renewables and regulatory matters and Anton Barnes-Webb is one of the country’s top finance lawyers. Matters The firm has been providing continuing advice to Metorex in relation to its mining operations in the DRC, with Charles Douglas, Legh, David Anderson and Julie Oppenheim handling much of the work. A corporate finance deal saw Patrick Hirsch, Neil Rissik and Natasha Rech act for African Rainbow Minerals on joint-venture arrangements and shareholder funding to develop the Konkola North Copper Mine, involving the formation of a Swiss SPV to on-lend to the Zambian joint-venture. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 11 INTERNATIONAL FIRMS FIRM BRIEFINGS Chadbourne & Parke 2012 Firm Overview Active jurisdictions Burundi, DRC, Kenya, Mozambique, Nigeria, Rwanda, South Africa, Tanzania, Uganda Highlight clients Development Bank of Southern Africa, Standard Bank, GDF Suez, Sithe Global, OPIC Key offices London, Washington DC, Dubai Most active disciplines International arbitration, sovereign states, project finance (energy, natural resources and IPP), renewables finance, EPC 2012 Firm Overview Active jurisdictions Republic of Congo, Cote d’Ivoire, DRC, Gabon, Gambia, Guinea, Guinea-Bissau, Liberia, Mali, Mauritius, Senegal, Sierra Leone, South Africa, Tanzania Highlight clients Helios Investment Partners, Republic of Congo, BHP Billiton, ArcelorMittal Key offices Paris, London, Abu Dhabi, Hong Kong Most active disciplines Disputes, corporate, finance Key sectors Mining and metals, oil and gas, power, renewable energy Key sectors Mining and metals, oil and gas, power, industry and manufacturing Law capability UK, US Law capability English, French, US Key partners Agnieszka Klich, Robin Mizrahi, Melanie Willems Key partners Barthélemy Faye, Michael Preston, Jean-Pierre Vignaud Chadbourne & Parke is one of the most successful US firms in the African market. Despite not having a Paris office, the firm does have a French speaking projects team which has been busy working on the francophone Ruzizi III hydropower project, one of the continent’s most significant current energy projects. Its key strengths are in projects and project finance in the energy, power and oil and gas sectors. Other projects worthy of note have been in the South African renewables programme where in 2012 the firm worked on the Dorper Wind Project. A long standing energy client says the firm “brings extensive experience on all stages of the projects and the fact that they have done this a million times over brings reassurance”. Clients recommends Robin Mizrahi for projects and project finance, Todd Alexander on the construction side and Robert Shapiro for energy and project finance. The firm has cultivated a strong link with bilateral and multilateral agencies and operates throughout the region with an informal network of relationships with local firms. Matters Agnieszka Klich kept busy, assisting Standard Bank as advisor to the DRC government on the privatisation of a state-owned cement plant and working with an IPR-GDF Suez led consortium (including Mitsui) on the financing and development of two peaking power projects in South Africa with a combined capacity of 1,100MW and lending of $1 billion. In 2012 Robin Mizrahi was advising Sithe Global and Kenya’s Industrial Promotion Services (IPS) on the project financing of the Ruzizi III hydro-power plant, with Burundi, DRC and Rwanda as shared offtakers. Out of Dubai, Clint Steyn led a team to advise ABSA, Nedbank and SMBC on financing of $250 million for the 100MW Dorper Wind Farm. Richard Keenan and Peter Fitzgerald also handled deals in Tanzania and Rwanda. 12 Cleary Gottlieb Steen & Hamilton Cleary Gottlieb is one of the biggest firms for corporate matters and M&A in Africa. It has a strong franchise in advising governments and public entities, as well as private clients and investors. Active in Africa for over 40 years, a key to the firm’s success has been its international approach, which allows it to serve a wide range of clients across the energy and infrastructure sectors, and its big names in Paris, which count Jean-Pierre Vignaud and Barthélemy Faye. Hong Kong partner Michael Preston is also very active for Asian investments. Matters Michael Preston led teams to advise Sichuan Hongda Group in a $3 billion investment into coal and iron ore projects in Tanzania and African Minerals Limited on a $1.5 billion equity investment by Shandong Iron and Steel Group into its Sierra Leone Tonkolili mine, rail and port and power subsidiaries. Barthélemy Faye was advising Dangote Cement on the regulatory, due diligence and project structuring of two quarrying and cement facility projects in Congo and Gabon, totalling $600 million. Jean-Pierre Vignaud teamed up with Faye to assist the Gambia River Basin Organisation, which includes Gambia, Senegal, Guinea and Guinea-Bissau, on the structuring of a public-private partnership project for a $1 billion hydroelectric power project. The firm was also advising ArcelorMittal in relation to its Liberia Landmark Mining Project. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS Clifford Chance Clyde & Co 2012 Firm Overview Active jurisdictions Angola, Benin, Botswana, Cameroon, Cape Verde, Central African Republic, Chad, Cote d’Ivoire, DRC, Eritrea, Ethiopia, Gabon, Ghana, Guinea, Kenya, Liberia, Mali, Mauritania, Mauritius, Mozambique, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, South Sudan, Tanzania, Togo, Uganda, Zambia, Zimbabwe 2012 Firm Overview Active jurisdictions Angola, Burundi, Cameroon, Congo (Republic of ), DRC, Ethiopia, Liberia, Mozambique, Nigeria, Somalia, Sudan, Tanzania, Zambia, Zimbabwe Highlight clients Sasol, Glencore, Econet Wireless, Kuwait Foreign Petroleum Exploration Company Highlight clients Shell, KKR, IFC, Industrial & Commercial Bank of China, Wendel Key offices London, Dar es Salaam, Dubai, Tripoli Key offices Paris, London, Frankfurt, Amsterdam, Casablanca Most active disciplines International arbitration, litigation, company and commercial, M&A and joint-ventures, banking, asset finance, project finance (energy, infrastructure and IPP), EPC Most active disciplines International Arbitration, equity capital markets, M&A and jointventures, private equity and funds, asset finance, debt capital markets, project Finance (energy and infrastructure), renewables finance Key sectors Mining and metals, oil and gas, power, renewables and clean technology, roads Key sectors Mining and metals, oil and gas, power, renewables and clean technology, ports Law capability English, French, Tanzanian Law capability English, French, Portuguese, Spanish, US Key partners Edmund Boyo, Jeremy Connick, Nikolaï Eatwell, Anthony Giustini, Kem Ihenacho, Audley Sheppard, Pieter van Welzen Clifford Chance has had a committed Africa strategy for a number of years and can field a strong team across the disciplines, the continent and the energy and infrastructure sectors. It has a strong franchise with Asian and Indian clients and an active disputes practice. Recently, the firm has been very active in the South African renewables programme , with partners including James Pay, David Metzger, Nicholas Wong and teams from London, Paris and Düsseldorf. The firm also worked on the single largest investment in Kenya’s history for the Lake Turkana Wind Farm. Clients praise Anthony Giustini and counsel Marianne Pezant for their responsiveness and experience. “Giustini is amazing in terms of what he knows… he has been doing this for years [and] has a capacity to explain very complex things in very simple terms”, says a client, while another says he is “a solid partner when you need a good lawyer who can get things done beyond just the lawyering”. Clients praise the firm’s “accumulated experience in Africa” and say “they are the best at protecting our interests”. Other key names include Pieter van Welzen, David Dunnigan, David Lewis, Edmund Boyo, Kem Ihenacho, Tim Lewis, David Steinberg, Gilles Lebreton and counsel Delphine Siino Courtin. Matters Audley Sheppard was busy on litigation, dispute resolution and an ICC arbitration cases over oil production sharing agreements and a power plant project in Nigeria, while colleague Jeremy Kosky handled a significant mining sector arbitration cases related to facilities in the DRC. Anthony Giustini and Tim Lewis both led big corporate teams for clients such as Dominium Petroleum, the African Finance Corporation and PAIDF. One of the firm’s big deals was for Royal Dutch Shell, which it advised on its $1.57 billion offer for Cove Energy; a deal with Kenyan and Tanzanian components. Kem Ihenacho also led a team assisting KKR on the acquisition of Acteon Group by US private equity energy group First Reserve. The deal spanned 30 African countries. Highlight finance deals saw Nikolaï Eatwell at the helm of a large Paris-London team to advise the IFC, Proparco, BIO, DEG, EAIF, FMO and BOAD on a $350 million financing for phase three of the Azito Thermal Plant project in Cote d’Ivoire and Ranbir Hunjan advise State Bank of India on an $800 million financing of Bharat Petroleum’s exploration costs in Mozambique. Key partners Peter Gray, Peter Kasanda, Philip Mace, John Morris, Michael Wachtel Clyde & Co was the first international firm to have an office in SubSaharan Africa outside of South Africa. Outside its Tanzania base, led by Peter Kasanda, it has a “best friends” relationship with Scanlen & Holderness in Zimbabwe and operates through informal relationships elsewhere. The team is well known for oil and gas and exploration, power and maritime, with strong experience in tax cases, in West Africa, and in infrastructure. One client praises oil and gas partner Mike Wachtel for his “understanding of the financing requirements of junior oil and gas companies and the international oil and gas sector”. “He helped us to complete our fundraising in record time”, adds the client. Clients also recommend dispute lawyers Anthony Albertini and David Owens for being “very diligent” and Peter Gray for “compliance matters… construction contracts, maritime law and joint-ventures”. “Peter has a lot of experience in Africa and brings a lot to the table when we work in East Africa”. The firm has worked in 46 countries across the region and in 2012, as well as launching an office in Libya, has begun to provide clients with Africa focused alerts and publications. Matters In 2012 David Bennet and Mark Walsh have been engaged in arbitration over an oil rig in Cameroon, while Anthony Albertini, Tim Taylor and Leigh Williams all acted in an insurance dispute relating to an FPSO installation in West Africa and road infrastructure arbitration on the Horn of Africa. The firm represented private and public entities in the cases. Among the corporate highlights Philip Mace worked on a multi-billion joint-venture in Nigeria’s oil and gas sector while also in Nigeria Peter Gray and George Booth represented a client on a power sector acquisition. A notable mining deal saw Philip Rogers advising a client on an acquisition in the DRC. Gray and Peter Kasanda assisted in financings, working with Econet Wireless Global on $362 million from an Afrexim-led syndicate for the expansion of its facilities in Zimbabwe and Burundi. Chris Duffy has also been working with Anglo African Capital on speculative iron ore investments in Liberia, Zimbabwe and Sudan. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 13 INTERNATIONAL FIRMS FIRM BRIEFINGS CMS 2012 Firm Overview Active jurisdictions Angola, Cameroon, Cote d’Ivoire, DRC, Equatorial Guinea, Ethiopia, Gabon, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Madagascar, Mauritania, Mozambique, Namibia, Nigeria, Somalia, South Africa, Sudan (north), Tanzania, Uganda Highlight clients BG Group, Maersk, Cairn Energy, Premier Oil Most active disciplines Disputes, corporate, finance, EPC, environmental Key offices London, Algiers, Casablanca, Dubai Law capability English, French, Spanish, Portuguese, Angolan, Mozambique, Guinea-Bissau Key partners Ben Holland, Bob Palmer CMS includes CMS Cameron McKenna and its CMS network firms. In Sub-Saharan Africa, CMS works through CMS Rui Pena, which manages work in Angola, Guinea-Bissau and Mozambique and informal relationships with independent firms in the remaining countries. It has a strong profile for energy work and has also acted on notable infrastructure and power matters, including a substantial rail project in East Africa. A client acting in the West African oil and gas sector praises Bob Palmer as “one of the most experienced oil and gas lawyers in London. He is a genuine expert, in the field for 20 years… understands the environment, knows the industry, always responsive, everything you want in an oil and gas lawyer”. “CMS do all our M&A advice, farm-in, farmouts and new licenses,” says the client. Palmer is a well-known London oil and gas lawyer formerly an in-house with Shell. Clients also recommend Andrew Shaw for his expertise in drilling and Richard Sinclair on acquisitions. Matters Ben Holland and Phillip Ashley acted in oil sector disputes related to retrospective taxes and alleged fines and drilling arrangements while Bob Palmer was very active on the corporate side assisting clients on a joint-venture in Angola’s oil and gas sector, asset sales and acquisitions in Nigeria, Angola and Cote d’Ivoire and the acquisition of an interest in an oil block in Equatorial Guinea. Finance saw the firm busy on infrastructure projects, most notably in East Africa where Jonathan Dames led a team on a $211 million financing for rail infrastructure and Andrew Ivison and Munir Hassan were engaged on a large renewables project. Andrew Shaw, Robert Lane and Hassan were also busy on drilling contracts in Tanzania and electricity transmission arrangements and renewables IPPs in South Africa. Curtis Mallet-Prevost Colt & Mosle 2012 Firm Overview Key partners Remy Lerner, Geoffrey Lyonnet DLA Piper 2012 Firm Overview Key partners Ben Donovan, Joseph Tato DLA Piper is one of the best known firms for Africa related matters. It has a non-exclusive network of formally associated local firms throughout the region in its DLA Piper Group and some of the strongest group firms in their jurisdictions include DLA Cliffe Dekker Hofmeyr in South Africa, Sebalu & Lule in Uganda and Reindorf Chambers in Ghana. The firm has an especially strong profile in mining and metals. Matters In one notable matter in Ghana, DLA Piper was working with its local Group firm Reindorf Chambers to advise the lenders on financing to Abengoa Water and Sojitz Corporation for the development of a desalination project. Another lender mandate saw the firm advising Standard Chartered in a $110 million claim against TANESCO and the government of Tanzania in relation to a 100MW independent power project. Edward Nathan Sonnenbergs (ENS) 2012 Firm Overview Active jurisdictions Botswana, Central African Republic, DRC, Ghana, Mozambique, Namibia, South Africa, Tanzania Highlight clients Sasol New Energy, Group Five, Republic of Mozambique Pipeline Company, Development Bank of Southern Africa (DBSA) Key offices Johannesburg, Cape Town Most active disciplines M&A and joint-ventures, project finance (energy, infrastructure and IPP), renewables finance Key sectors Mining and metals, oil and gas, power, renewables energy and clean technology, rail Law capability English, French, Spanish, Portuguese, US, Burundi, Rwanda, Uganda Key partners Eric le Grange Eric le Grange manages ENS’ Africa practice and comes highly recommended across the board for projects, project finance and corporate mandates. The firm has recently been extending its Sub-Saharan practice through its ENS Africa brand, which has offices in Rwanda, led by Desire Kamanzi, Burundi, led by former Mkono & Co partner Gilbert Nyatanyi, and Uganda, under former Synergy Advocates manager Donald Nyakairu. In 2012, ENS handled projects in Tanzania, Central African Republic (CAR), Ghana and the DRC, where it has been advising Boss Mining, although it is strongest in southern African jurisdictions and in the booming Mozambique market. Clients praise the firm especially for corporate matters and in the mining and metals industry. Matters Curtis Mallet-Prevost Colt & Mosle is strongly focussed on public law, where it has a good franchise in advising African governments on litigation and disputes, often in oil and gas related matters. A client in the Uganda government recommends the firm for litigation matters and arbitration. 14 Eric le Grange and Pippa Reyburn have been busy on a long running project for CIC Energy International Power, advising on project establishment, regulatory and finance aspects of the coal-fired Mmamabula Power Project in Botswana, valued at $1.5 billion, as well as procurement of generation capacity by the South African government. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS Other highlights had Sasha Singh and Le Grange assisting Sasol New Energy on corporate, project development and energy purchase matters in Mozambique while Le Grange and John Ferraz were advising the Republic of Mozambique Pipeline Investment Company on its gas transportation agreements and project financing. The firm won mandates from Boss Mining, for infrastructure upgrades in the DRC, and Group Five, for project development in Mozambique and Ghana. Andrew van Niekerk was also kept busy by Axmin on a $400 million project in the Central African Repubic. A final large deal saw the firm advise the Development Bank of Southern Africa on a $160 million financing of a 320MW power transmission network in Tanzania. and Pan-African Resources on the 100% acquisition of the Evander gold mine. Boris Martor was busy in the gold and oil and gas sectors in West Africa and South Africa, while in Ghana he acted for the Africa Finance Corporation (AFC) on financing for a public-private partnership (PPP) road concession project. Howard Barrie was also kept busy by the East African Development Bank (EADB) on infrastructure financings. Freshfields Bruckhaus Deringer 2012 Firm Overview Active jurisdictions Angola, Cameroon, Chad, DRC, Equatorial Guinea, Ghana, Guinea, Kenya, Liberia, Mauritius, Mozambique, Namibia, Nigeria, South Africa, Sudan, Tanzania, Uganda, Zambia Eversheds 2012 Firm Overview Active jurisdictions Angola, Burkina Faso, Cameroon, Central African Republic, Chad, Congo (Republic of ), Cote d’Ivoire, DRC, Equatorial Guinea, Ghana, Guinea, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, Zambia, Zimbabwe Highlight clients BG Group, Chevron, Total, Petrofac, Xstrata Key offices London, Paris, Amsterdam, Dubai, Abu Dhabi, New York Highlight clients Emerging Capital Partners, Africa Finance Corporation (AFC), Total, Oryx Oil & Gas Key offices London, Paris Most active disciplines ADR, international arbitration, litigation, equity and debt capital markets, commercial contracts, M&A and corporate, private equity and funds, sovereign states, banking, project finance (infrastructure, energy), competition, employment, environmental, IP, land, compliance, tax Key sectors Mining and metals, oil and gas, power, renewable energy, defence Most active disciplines Disputes, corporate, finance, EPC, regulatory and compliance, tax Law capability UK, French, Spanish, US, South African Law capability English, French, Spanish Key partners Shawn der Kinderen, Constantine Partasides, Geoffrey Peters, Alan Rae Smith, Graham Watson Key partners Howard Barrie, Boris Martor, David Sellers Eversheds handled some impressive mandates in the mining and metals sector in 2012 and received at least one very significant instruction for a gas-to-power plant from a West African government. It is traditionally strong in Francophone Africa but in 2011 Howard Barrie, former head of project finance and chair of the Africa group at SNR Denton, joined the London office and has since developed the Anglophone Africa capacity. A client recommends Boris Martor in Francophone West Africa matters. “I regard them very highly. They are very good in terms of the service they provided and responsive to our needs”. Clients add that the firm “has a very good network” and praise the team for its handling of “complex agreements”, “monitoring the performance of transactions” and “dealing with local banks and advising on valuations”. A client active in East Africa says Barrie is “our first port of call”. “The level of detail they give is superior to other firms,” say clients, also praising “the speed at which responses come and the knowledge of the business environment”. A client in the renewables sector is effusive about Eversheds: “They give us everything, and that is saying a lot because there a lot of particulars in renewables legalities.” The firm has an informal local network throughout Africa, and while it recently dissolved its formal alliance with Routledge Modise in South Africa it has won recent clients in institutions such as the East Africa Development Bank (EADB). Matters In disputes, David Sellers was representing a client in a dispute over a power project in West Africa. The case has been handled entirely in French and under local law. On the corporate side, the firm was assisting First Uranium Corporation on a $400 million sale of shares in Ezulwini Mining Company to AngloGold Ashanti and Gold One International, and Wits Gold Freshfields gets especially strong reviews for corporate work in the oil and gas sector thanks largely to partners Graham Watson and Geoffrey Peters, while its world class arbitration team has also been handling a number of high profile Africa cases. Alan Rae Smith, who joined from Allen & Overy, heads up the firm’s project finance arm. A UK oil and gas client who works in West Africa says: “We were very pleased with the quality of advice and responsiveness and the ability to work within a short timeframe.” Rae Smith “is right up there as one of the best people I would recommend, literally outstanding in terms of his technical knowledge but also the way he and his people integrated with our team” says the client. An upstream client says the firm “is capable of doing anything we need on these products and recommends Geoffrey Peters as having “the best handle on drafting and negotiating upstream documents”. Clients reserve high praise for the firm’s tax team. The firm was also one of the founders of the ILFA in 2006 and has recently been working with the Botswana government on its environmental legislation, the Ghana government in relation to its involvement in the Jubilee oil field and Mauritania government in drafting a new Mining Code. Matters Constantine Partasides was representing Esso Exploration and Production Nigeria and ExxonMobil Nigeria in commercial arbitration on a successful $2 billion claim against the NNPC over tax and royalties payments, among other matters. The ruling was being fought in Nigeria. Partasides also acted for the government of Kenya in a series of UNCITRAL arbitrations. Georgios Petrochilos was representing the South African Department of Mineral Resources in domestic litigation over expropriation rights and Chris Pugh was acting for a consortium of oil companies in commercial arbitration over contractual matters in Nigeria. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 15 INTERNATIONAL FIRMS FIRM BRIEFINGS The firm was heavily involved in corporate dispute resolution while on the transactional side it advised a string of clients in oil and gas and mining M&A in Liberia, Ghana, Zambia and Nigeria. A large projects matters saw Alan Rae Smith (finance) and Sarah Falk (tax) advise Petrofac on a $500 million strategic alliance with exploration company Bowleven for the development of the Etinde Permit gas and condensate reserve off the coast of Cameroon. Gide Loyrette Nouel 2012 Firm Overview Active jurisdictions Angola, Benin, Cameroon, Cape Verde, Chad, Congo (Republic of ), Cote d’Ivoire, Djibouti, DRC, Equatorial Guinea, Gabon, Ghana, Guinea, Lesotho, Mali, Mauritania, Nigeria, Rwanda, Senegal, South Africa, Sudan, Tanzania, Togo, Uganda Highlight clients IFC, Total E&P, Scatec Solar, Government of Congo Key offices London, Paris, Beijing Most active disciplines Disputes, corporate, M&A, sovereign states, project finance, EPC, regulatory and compliance Key sectors Mining and metals, oil and gas, power, ports, rail Law capability English, French Key partners John Crothers, François Krotoff Gide Loyrette Nouel is arguably the leading French firm for Africa work in energy and infrastructure. François Krotoff is one of the most senior and experienced practitioners in the market for Africa while the firm also has a strong contentious practice in the sector under Carole Malinvaud, Rupert Reece and Christian Camboulive. Understandably, due to its familiarity with OHADA laws, the team has a good franchise in Francophone Africa above all and in advising DFIs and sovereign states; for example, it has recently been advising the government of Congo on upstream oil and gas matters. John Crothers has a strong track record advising the IFC and many commentators recommend the firm in power projects especially. Through 2012 the firm worked on a series of interesting projects spanning the energy sector in particular. Matters The firm’s highlight dispute cases of 2012 took place in Cote d’Ivoire. A key case saw Michel Pitron advise Trafigura Group before civil and criminal courts following the dumping of toxic waste in 2006 in Abidjan. The firm, led by Carole Malinvaud and Rupert Reece, has also been representing Dutch Medical Group in arbitration over contracts for medical facilities in Angola and elsewhere, advising the Ministry of Mines of Cote d’Ivoire in negotiations over cross-border oil and gas fields with Ghana. François Krotoff advised Société de Production d’Electricité à partir du Gaz (SPEG) on a $600 million joint-venture and project financing for a 300MW gas power project in Mauritania and Congo’s Ministry of Hydro-carbons on updating the legal framework pertaining to upstream activities. A highlight projects deal saw John Crothers act for IFC InfraVentures and Scatec Solar on the concession agreement and development of four solar plants in Mali with a capacity of 600MW, marking one of the first large solar complexes in the region. 16 Movers and shakers In May 2012 Baker & McKenzie made a bold move into South Africa launching an office in Johannesburg with lawyers and staff from the defunct Dewey & LeBoeuf office. The team is well established in the country’s energy market. In late 2012 the firm then reinforced the hire with a team of dispute lawyers. Following the launch of its South Africa office in June 2011 through a merger with local firm Deneys Reitz, in October 2012 Norton Rose opened an office in Dar es Salaam, Tanzania, under former Clyde & Co partner Adam Lovett (UK law) and Angela Mndolwa (Tanzanian law). In January 2013, Linklaters and South African firm Webber Wentzel launched their collaborative alliance. The Webber Wentzel in alliance with Linklaters joint-venture is overseen by London based Linklaters partners Sandeep Katwala, Andrew Jones and Patrick Sheil. Also in January 2013, Clyde & Co officially launched its own branded office in Tanzania, although the firm has had an office on the ground since 2006. Peter Kasanda and Kibuta Ongwamuhana (from local association firm Ako Law) will run the office. In March 2013, McDermott Will & Emery recruited a seasoned Africa energy team of three from Fasken Martineau in Paris, led by JeanClaude Petilon. Liliane Doukouré and Matthieu Adam joined as counsels in the energy practice. In early 2013, Herbert Smith Freehills was preparing to launch an office in Conakry, Guinea, largely to follow up on the vast Rio Tinto Simandou iron ore mining project in the country. The experienced Paris projects partner Bertrand Montembault will take initial charge of the office. Highlight matters in 2012 • Independence of South Sudan: ICSID arbitration between South Sudan and North Sudan over oil rights (ongoing) and the negotiation of new contract agreements between the South Sudan government and oil companies – contracts signed January 2012. • Tullow’s $2.9 billion farm out of two thirds of its licenses in Uganda’s Lake Alberta region to Total and the China National Offshore Oil Corporation (CNOOC) – February 2012. • PAIDF’s acquisition of a 20% stake in the company building and operating the Marcory Bridge in Côte d’Ivoire – June 2012. • Thailand’s PTT Exploration and Production’s acquisition of Cove Energy, which owns a stake in the Rovuma Basin, Mozambique, for $1.9 billion – July 2012. • Azito Phase III Thermal Power Plant’s $350 million project financing from a number of IFIs and banks in Côte d’Ivoire – October 2012. • The $250 million project financing and development of the 100MW Dorper Wind Project (financing from ABSA, Nedbank and SMBC) in South Africa – November 2012. • Bharat Petroleum’s $700 million financing for exploration costs and the acquisition of a 10% stake in the Rovuma Basin, Mozambique – November 2012. • Sundance Resources’ $4.5 billion development of the Mbalam/Nabeda iron ore mine, rail and port project in Cameroon and Republic of Congo – convention signed November 2012. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS Herbert Smith Freehills and others have been working on all aspects (construction, projects, social impact, regulatory) on the $10 billion Simandou iron ore project. 2012 Firm Overview Active jurisdictions Angola, Benin, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, Congo (Republic of ), Cote d’Ivoire, Djibouti, DRC, Equatorial Guinea, Ethiopia, Gabon, Ghana, Guinea, GuineaBissau, Kenya, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, Sierra Leone, South Africa, Sudan, South Sudan, Tanzania, Togo, Uganda, Zambia, Zimbabwe Highlight clients BHP Billiton, Rio Tinto, Perenco, BP, GDF Suez, Perenco Key offices Paris, London, Tokyo (among others) Most active disciplines International arbitration, litigation, company and commercial, M&A and joint-ventures, asset finance, project finance (energy and IPP), regulatory and compliance, tax Key sectors Mining and metals, oil and gas, power, ports, rail Hogan Lovells 2012 Firm Overview Active jurisdictions Burundi, DRC, Ghana, Guinea, Kenya, Liberia, Mauritania, Nigeria, Rwanda, South Africa, Tanzania, Zimbabwe Highlight clients Abu Dhabi National Energy Company (TAQA), National Petroleum Corporation of Namibia, African Export-Import Bank Key offices London, Paris, Dubai, Shanghai, Washington, Rio de Janeiro, Beijing, Singapore Most active disciplines International arbitration, litigation, equity capital markets, M&A and joint-ventures, private equity and funds, commodities trading and derivatives, project finance (energy and infrastructure), EPC, competition Key sectors Mining and metals, oil and gas, power, ports, roads Law capability English, French, Spanish Law capability English, French, US, Spanish, African dual-qualified lawyers in various countries Key partners Nina Bowyer, Stéphane Brabant, Anna Howell, Charles Kaplan, Martin Kavanagh Key partners Andrew Gamble Herbert Smith Freehills (HSF) represents some of the biggest global energy companies and has worked on some vast projects in 2012. In 2013 the firm will be deepening its hold over West Africa with the launch of an office in Conakry, Guinea, on the back of a $10 billion iron ore project in the country for Rio Tinto. “It’s like clockwork working with them, extremely competent and on the ball,” says an East African client. Clients recommend Stéphane Brabant and Nina Bowyer as “outstanding” and Rebecca Major (Tokyo) and Jonathan Mattout (Hong Kong/Paris) for corporate and compliance work, respectively. “I would rate them extremely highly,” says the client. Martin Kavanagh, Anna Howell, Hilary Lau, David Laurence, Bertrand Montembault and Charles Kaplan (disputes) all receive praise for their Africa related work. “HSF goes the extra mile… we depended a lot on the general knowledge from the background people,” says another client. The firm is multi-lingual and offers a deep bench in energy, oil and gas, mining and energy infrastructure projects in particular and also advises clients on content requirements, resettlement and compensation, social issues, environmental matters and compliance. Matters Ted Greeno and James Bailey led a large team to represent West African Gas Pipeline Company on a claim of over $300 million relating to EPC contract obligations against Willbros Global Holdings in the English High Court. The case was settled in 2012. The firm was also representing Standard Chartered Bank in ICSID arbitration against Tanzania relating to bilateral investment treaty obligations. Martin Kavanagh, Nina Bowyer and Adrian Clough were advising CPCS Transcom Limited and the Nigerian Bureau of Public Enterprises on the privatization of Nigeria’s power sector. The firm has also been busy in Nigeria upstream oil & gas sector on a high value acquisition and for BP in an acquisition Namibia’s upstream sector. In financing, the firm assisted the African Development Bank and other lenders on a $275 million infrastructure project financing to the Lagos Cable Car Transit project (Nigeria) and Stanbic on a $150 million wind farm financing in Kenya. For Rio Tinto, Stéphane Brabant, Christophe Lefort, Bruno Gay, Nicholas Heurzeau, Sébastien Gaudu Andrew Gamble heads the Africa practice at Hogan Lovells, which boasts a wide scope both in terms of its international reach – with Africa practice leaders scattered across the globe – but also in terms of the work it undertakes. Examples of recent matters include instructions from Middle East clients, West Africa related arbitration cases and lender mandates from DFIs, among others, though the firm has been especially busy in West Africa in the oil and gas sectors. The team operates with informal relationships throughout the region and also manages a secondment programme with the ALN. Its dispute partners have undertaken pro-bono work for the Kigali International Arbitration Centre in Rwanda, which hopes to promote Rwanda as a regional arbitration centre, while the firm as a whole has worked with the governments of Guinea, Sao Tome & Principe and Liberia and collaborated with the Senior Lawyers Project (ISLP) in the context of legal training for the development of Liberia’s public institutions and mining and agricultural concession agreements. Matters John Meltzer was busy acting as defence counsel for an oil company against a group action claim for damages in West Africa before the English courts, while Simon Nesbitt and Jerome Finnis were acting the Federal High Court of Nigeria in an international arbitration involving oil and gas rights. On the corporate side Steven Bryan and Ben Higson led teams advising publicly listed South African based Coal of Africa on an institutional investment to raise $45 million, a $60 million debt and equity financing and $100 million share placement to a subsidiary of Beijing Haohua Energy Resource. The work was done in conjunction with JP Morgan Cazenove. Bryan was also assisting the National Petroleum Corporation of Namibia (NAMCOR) in relation to the Kudu gas-topower project, specifically on a farm-in deal with Eco Oil & Gas and Serica Energy. A significant finance project saw James Gede, Andrew Gallagher, Paul Dillbeck and Alex Harrison advise the Abu Dhabi National Energy Company (TAQA) in relation to the construction and develop- ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 17 INTERNATIONAL FIRMS FIRM BRIEFINGS ment of 110MW expansion of a natural gas and crude oil fired power plant near Takoradi, Ghana. The matter involved DFI project financing of $370 million. Andrew Gamble and Matthew Andrews were also involved in lender mandates. Hunton & Williams 2012 Firm Overview Active jurisdictions Burundi, Cameroon, DRC, Ethiopia, Kenya, Mozambique, Nigeria, Rwanda, Tanzania, Uganda Highlight clients Governments of Burundi, DRC, Nigeria, Rwanda, Uganda and Mozambique, Allied Resources Group Key offices London, Richmond (USA) Most active disciplines Disputes, corporate, sovereign states, project finance, PPP, renewables finance Key sectors Oil and gas, power, renewable energy, water, sewage and utilities Law capability English, US Key partners John Beardsworth Jr, Ryan Ketchum Hunton & Williams is very experienced in advising states and state institutions on all manner of energy projects and this is what they are most widely praised for. From its position in Washington DC the team has also built especially strong links with DFIs, export credit agencies and IFIs, with the most notable among them being the World Bank and IFC. One deal highlighting the firm’s expertise has been its role advising the governments of the DRC, Burundi and Rwanda on the Ruzizi III hydropower project, a significant and tricky project by all counts. The firm also worked on the Bujagali hydroelectric project in Uganda and on the Songo Songo gas-to-electric project in Tanzania. John Beardsworth Jr and Ryan Ketchum both come highly recommended. “They are extremely competent on the individual side… really work well ensuring the transaction stays alive and that everything has been taken care of,” says a client. Ketchum is a “brilliant advisor”, says another client. Matters John Beardsworth Jr, John Range and Ryan Ketchum were continuing to defend the Government of Tanzania and the Tanzania Electric Supply Company (TANESCO) in ICSID arbitration against claims from lenders, including a $110 million claim from Standard Chartered Bank. In corporate work, the firm acted for Allied Resources Group on corporate structuring, private equity and venture capital funding to develop mining operations in Ethiopia and was busy assisting Nigeria Bulk Electricity Trading and the Nigerian government in the privatization of the electricity sector. A highlight finance deal saw the firm, led by Ketchum, advise the governments of Burundi, Rwanda and DRC on project financing of €550 million for the 145MW Ruzizi III Regional Hydroelectric Project. 18 Latham & Watkins 2012 Firm Overview Active jurisdictions Guinea, Liberia, Mozambique, Nigeria, Sierra Leone (key cases only) Highlight clients Anadarko, ExxonMobil, Government of Nigeria, Mittal Steel Holdings, Goldman Sachs Key offices New York, Paris Key partners Clement Fondufe Latham & Watkins’ Africa practice is led out of Paris by Clement Fondufe, a New York and Cameroon bar qualified lawyer. The firm has its highest profile in West Africa where it has been involved in M&A transactions in the upstream sector and worked for the Nigerian National Petroleum Corporation (NNPC), among other key institutions, but it has also been picking up mandates in the lively natural resource-fuelled Mozambique economy. Matters Clement Fondufe and Glen Ireland were the lawyers for Mubadala Development Company on the Project Grande Mubadala bauxite project in Guinea in connection with an equity investment (in negotiation) and bauxite contract for offtake rights. Fondufe, with Bill Voge and Dennis Nordstrom, was also advising Anadarko Petroleum Corporation on financing to develop an LNG project in Mozambique. If completed, the deal could potential register as the largest ever project financing in Africa. The firm was instructed by the Nigerian National Petroleum Corporation (NNPC) and ExxonMobil to assist on a resource funding loan for upstream oil and gas development $1.5 billion and Mittal Steel Holdings on financing, totalling $1.3 billion for its LAMCO iron ore mine in Liberia. Nordstrom and Fondufe again acted on the above. Linklaters 2012 Firm Overview Key partners Bertrand Andriani, Charles Jacobs, Andrew Jones Commentators consistently rate Linklaters as one of the top handful of firms for corporate finance, transactional and advisory work across Africa. In 2012, it also made its first big move on the continent when it finalized a formal association with South African firm Webber Wentzel. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS MC&A In 2013, McDermott Will & Emery (MWE) recruited Jean-Claude Petilon and his team in Paris, one of the biggest names for Africa work in the French market. The announcement followed the hire of Africa dedicated partners Rupert Weber and Stuart Mathews in London from Maitlands. These additions have significantly changed the firm’s profile in the Africa energy and infrastructure space. Weber is “hands down the best guy I’ve ever dealt with, he’s very pragmatic and very commercially minded” says a client, adding that the firm is “on the ball, they operate in any terrain, are quick on their feet and flexible and very thorough too”. Clients also praise Africa co-head Nick Azis and David Goldman for M&A work in West Africa. The firm is traditionally strong for corporate, private client, tax and regulatory compliance work in relation to US and UK Bribery laws. New York partner Obiamaka Madubuko is a key name for the latter practice. The former Maitlands partners have strong experience in mining and metals, diamonds, oil and gas and renewables, while Andrew Watson and Azis have recently handled significant infrastructure projects. The firm’s engagement in the region also expresses itself in its partnership with Caterpillar and Lawyers Without Borders (LWOB) in the context of advocacy training in Kenya. 2012 Firm Overview Active jurisdictions Angola, Cape Verde, Guinea-Bissau, Mozambique, South Africa Key offices Lisbon Most active disciplines Corporate, finance, EPC, employment, land, tax Key sectors Mining and metals, oil and gas, industry and manufacturing, ports and shipping, rail, roads, water, sewage and utilities Law capability English, US Key partners Vítor Marques da Cruz Portuguese firm MC&A has a strong portfolio of advising oil and gas companies on corporate and commercial matters. The firm is especially strong in Lusophone Africa, where it has a formal partnership with Fernanda Lopes & Associados in Mozambique and Mota Veiga Advogados in Angola. The firm has associations in various other countries, including South Africa and Brazil, as well as an association with SNR Denton. The key partners are Vítor Marques da Cruz, who handles banking and finance, M&A and real estate matters, Ricardo Néry, a corporate partner, and oil & gas partner Pedro Gonçalves Paes. Matters The firm was busy in Mozambique, where it was advising EDM on restructuring issues, ONGC on an asset and share purchase for a gas deal and oil block concession and STL Oil on its incorporation in the country. Vítor Marques da Cruz, Pedro Gonçalves Paes and Ricardo Néry were all active. In Angola, the firm advised Weatherford on asset and share deals and Bechtel in relation to LNG project infrastructure. McDermott Will & Emery 2012 Firm Overview Active jurisdictions Botswana, Cameroon, Chad, Congo (Republic of ), Gabon, Ghana, Kenya, Liberia, Mauritius, Mozambique, Nigeria, South Africa, Zambia, Zimbabwe Key offices London, New York, Boston, Paris Highlight clients Olam, ExxonMobil, United Energies International, Ugandan Securities Exchange Most active disciplines Corporate. banking, project finance (energy and infrastructure), environmental, regulatory and compliance, tax Key sectors Mining and metals, oil and gas, renewable energy and clean technology, industry and manufacturing, ports Law capability English, US, French, South African Key Partners Nick Azis, Jean-Claude Petilon, Stuart Mathews, Andrew Vergunst, Andrew Watson, Rupert Weber Matters Andrew Watson led a team advising an international oil company in relation to financing, adding up to $1 billion, for oil infrastructure development in Chad and Cameroon, while the Maitland’s pair assisted Petro SA on an acquisition of an owner of an interest in the Jubilee oil and gas fields in Ghana. Nick Azis, supported by tax and employment partners, worked with Olam International in Nigeria on its acquisition of OK Foods food manufacturer, the acquisition of dairy food company Ranona and jointventure to construct a sugar refinery in the port of Lagos. One of the firm’s highlight deals was for a confidential client’s investment, valued at $5.2 billion, in Southern Africa’s precious metals sector. Andrew Vergunst, Stuart Mathews and Rupert Weber, among others, advised. Norton Rose 2012 Firm Overview Active jurisdictions Angola, Botswana, Congo (Republic of ), Cote d’Ivoire, DRC, Equatorial Guinea, Ghana, Kenya, Madagascar, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Swaziland, Tanzania, Uganda, Zambia, Zimbabwe Key offices London, Johannesburg, Durban, Paris, Dubai, Tanzania Highlight clients Tullow Oil, Copperbelt Energy Corp, Anvil Mining, Kingdom Zephyr Africa Management Most active disciplines Disputes, Corporate, Banking and Finance, EPC, Employment, Land Law Key sectors oil and gas, power, renewable energy and clean technology, ports, rail Law capability English, US (see profile), French, Portuguese, South African Key partners Matt Ash, Julian Jackson, Raj Karia, Richard Metcalf, Bayo Odubeko, Arun Velusami Norton Rose is ubiquitous on the African energy and infrastructure market and its merger in 2012 with leading South African firm Deneys Reitz will no doubt increase this visibility even more. Its planned merger with Fulbright & Jarworski in 2013 will also add a vital US law capacity. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 19 INTERNATIONAL FIRMS FIRM BRIEFINGS “We found working with them very helpful for the advice they gave and experience they have,” says a client: “they have been working on a number of projects in Nigeria and in the power sector, so they have a lot of country and power experience”. Clients regularly recommend Bayo Odubeko, Arun Velusami and Nick Prowse. Another client praises Richard Metcalf, for commercial contracts and Richard Hill for EPC and drafting: “Very pleased, couldn’t have expected better… very experienced, they did a thoroughly good job and they fixed a lot of issues.” Other oft mentioned names include Simon Currie, Martin Mcann and Alain Malek. The firm’s track record across the continent on energy and infrastructure deals is impressive and it has been deeply engaged in the renewables programme in South Africa, Nigeria’s power privatisation process and East Africa’s oil and gas drive. Matters Stephen Rigby and Jason Moss led a cross-office team advising Denham Capital Management on its partnership with Fotowatio Renewable Ventures, to invest in solar projects in South Africa, while Odubeko and Prowse assisted Kingdom Zephyr Africa Management on an investment into First Hydro-Carbons Nigeria. The firm also acted for Anvil Mining on its takeover by DRC state owned Gécamines, valued at $1.25 billion. Madhavi Gosavi, Velusami and Hill were working with Standard Bank of South Africa and ICBC on project financing for the 83 MW Athi River thermal IPP (independent power project) in Kenya while the South Africa office, led by Gavin Noeth and Muzi Kubeka, advised SPP Project Solutions (transaction advisor to the government) on financing, worth $800 million, for the Mauritian Road Decongestion Programme PPP (public-private partnership). The firm was very active in South Africa Renewable Energy IPP Procurement Programme, advising developers, lenders, sponsors and contractors in up to 40 wind, solar and hydro projects. A vast project has Metcalfe and Hill working with the Zimbabwe Power Company for expansion projects estimated at $3 billion for Hwange Thermal and Kariba South. Orrick Herrington & Sutcliffe 2012 Firm Overview Active jurisdictions Benin, Cameroon, Congo (Republic of ), Cote d’Ivoire, DRC, Ethiopia, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Namibia, Nigeria, South Africa, Tanzania, Togo, Zambia Key offices London, Paris, New York, Hong Kong Highlight clients Gécamines, African Development Bank, Exxaro Resources, DRC and Cameroon governments Most active disciplines Disputes, corporate, banking and finance, EPC Law capability English, French, Spanish, Portuguese, US Key partners Pascal Agboyibor, Yves Lepage, Peter O’Driscoll Orrick has a very committed Suub-Saharan Africa projects practice and especially so in Francophone Africa and OHADA countries, where Pascal Agboyibor and Yves Lepage emerge as leading names, especially on the government advisory and state entity side. Highlight examples of this are the roles the firm is playing in the vast Project Inga III and Gécamines projects in the DRC. The firm matches this with private client work, for instance on behalf of Exxaro Resources. 20 “We worked quite a lot with them and they were advising across the table for the government,” according to a client who says the team was “practical”, showed “good knowledge” and kept “things moving forward. I give them high marks for knowing their stuff, problem solving skills, ability to negotiate… and now I recommend them”. Clients also praise Lepage as “very strong”: “he has a very good business relationship with his clients [and where] you need to be more than just a lawyer”. The firm has a strong profile for PPP, mining and metals, oil and gas and power work, including renewables, and has a very committed Africa practice. Matters In 2012 Agboyibor, Laurent Jaeger and others were busy on large arbitrations before the ICSID, ICC and African courts of arbitration most commonly over breach of contract or concession agreement involving a state. Agboyibor and Philippe Hameau were advising Gécamines (DRC state mining entity) in relation to the takeover of Anvil Mining by China Minmetals and on a settlement agreement with Copperbelt Minerals, however one of the corporate headline deals saw the firm act for Exxaro Resources on all aspects (corporate, finance, tax, competition) of a $3.4 billion combination and NYSE listing of the newly formed holding company Tronox Limited. Nell Scott and Peter O’Driscoll both played key roles on the deal. Another headline deal had Agboyibor acting for the government of the DRC on Project Inga III, a $9 billion 3500 hydro-power project. In 2012 the firm was assisting on the tender documents. Reed Smith 2012 Firm Overview Active jurisdictions Angola, Burkina Faso, Cameroon, Chad, Cote d’Ivoire, DRC, Gambia, Ghana, Guinea, Kenya, Madagascar, Mauritania, Mozambique, Namibia, Niger, Nigeria, Rwanda, Senegal, South Africa, Sudan, South Sudan, Uganda, Zambia Key offices London, New York, Abu Dhabi, Paris Highlight clients Frontier Resource Group, Cameron International, Quantum Global Capital Most active disciplines ADR, international arbitration, litigation, M&A and joint-ventures, private equity and funds, project finance (energy, resources, infrastructure) Key sectors Mining and metals, oil and gas, power, ports, rail Law capability English, French, US, UAE Key partners Peter Cassidy, Kyri Evagora, Samantha Roberts In 2012 Reed Smith has been active across a broad range of countries in Sub-Saharan Africa handling disputes, corporate and finance matters. The firm dealt with corporate and commercial matters, private equity investments, project financings and equity and debt financings in ports and shipping, oil and gas, heavy industry and aviation, among other sectors. The firm has a close relationship and association with the South African Chamber of Commerce (SACC) and helped establish the SACC in the UK. The Africa practice is led by Kyri Evagora, while Peter Cassidy, who focuses on energy, natural resources, projects and infrastructure, Samantha Roberts, Alexandra Poe, Vince Gordon (Abu Dhabi) appear prominently on matters. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS Matters Matters On the disputes side, Peter Cassidy and Samantha Roberts were representing Meridian Port Holdings in litigation in the Supreme Court of Ghana in a multi-party dispute related to a concession agreement for a port terminal facility at Tema Port, while Cassidy also acted for Cameron International in a dispute with a subcontractor for the USAN oil and gas development offshore Nigeria. Roberts led a team to advise Quantum Global Capital on a concession to finance, design, construct and operate a new port in Cabinda, Angola, and International Container Terminal Services on sub-concession agreement for the development and operation of a container terminal deep water port at Lekki. The project, expected to complete in 2016, involves a £225 million investment. The firm was also kept busy by Frontier Resource Group (FRG) on corporate finance matters and won a range of projects mandates in East and Central Africa. Fernando Mantilla-Serrano led a Paris-London team in a successful representation of ABB as a claimant in an ICC arbitration in Frankfurt against an Sub-Saharan African state power entity following termination of a contract. Asselineau headed another Paris-London team for Sundance Resources on the development of the Mbalam/Nabeda iron ore mine, including the construction of 500km of rail line and a deep sea port terminal, on the Congo-Cameroon border. The project is valued at $4.5 billion. Richard Price, Pick and Ben Shorten were busy working with Sasol on a $1 billion bond offering and Vale and ACWA Power on the development of the 300 MW coal-fired Moatize IPP in Mozambique. The firm also acted on financing for clients including Sasol and Electricidade de Moçambique, on a project financing of a gas to power project, and lenders including Société Générale on projects in South Africa and Nigeria. Asselineau has a very active practice advising on mining sector matters and in 2012 was assisting African Barrick Gold and Teranga Gold Corporation, among others. Shearman & Sterling 2012 Firm Overview Active jurisdictions Angola, Benin, Cameroon, Chad, Congo (Republic of ), Cote d’Ivoire, DRC, Eritrea, Ethiopia, Gabon, Guinea, Kenya, Mozambique, Niger, Nigeria, Rwanda, Senegal, South Africa, Sudan, South Sudan, Tanzania, Togo, Uganda, Zambia Highlight clients AES Sonel, Sasol, African Barrick Gold, Sundance Resources, Vale, Sumitomo Skadden Arps Slate Meagher & Flom 2012 Firm Overview Active jurisdictions Cape Verde, Cote d’Ivoire, Ghana, Kenya, Mali, Mauritius, Nigeria, Senegal, South Africa, Sudan (north), South Sudan Key offices London, New York, Paris, Washington DC, Hong Kong Key offices Paris, London Highlight clients Vitol, Government of South Sudan, Arrow Capital Most active disciplines International arbitration, equity capital markets, corporate and commercial, M&A and joint-ventures, banking, debt capital markets, project finance (energy, infrastructure, IPP), EPC Most active disciplines International arbitration, M&A and joint-ventures, private equity and funds Key sectors Mining and metals, oil and gas, power, renewable energy and clean technology, ports Key sectors Oil and gas Law capability English, French, US, Law capability English, French, Spanish, Portuguese, US Key partners Douglas Nordlinger Key partners Christophe Asselineau, Yas Banifatemi, , Emmanuel Gaillard, Fernando Mantilla-Serrano, Tim Pick, Richard Price Shearman & Sterling has in relative terms stormed onto the scene, over time marrying impressive project finance capabilities in London and the US, under partners such as Tim Pick, with strong Francophone credentials under Christophe Asselineau, who is especially recommended in mining and metals, in Paris. The firm’s contentious practice in this field is regularly considered head and shoulders above the rest. “We are all raving about their service, we are blown away, they never ever missed a deadline,”, says a client, recommending Pick and Portuguese speaking Jean Louis Neves Mendelli: “we liked their approach and they expressed all the issues to us very well, we couldn’t have asked for better advisors”. Another agrees: “I’ve never come across advisors who gave better advice on EPC and on PPA. I think we now have a really good concession agreement,” The firm has done especially well in Mozambique where it has taken a central role on some of the headline projects while also managing some highlight projects in West Africa. The firm is also working with the International Criminal Tribunal for Rwanda, assisting the Office of the Prosecutor, and with the Tribunal of Arusha in Tanzania. The firm operates through informal relations with local counsel and has of late been working alongside CGA in Mozambique on numerous matters. Skadden Arps’ key strengths are in corporate and M&A matters, under Douglas Nordlinger, and the firm is also recognised for its contentious and dispute resolution practice. The firm previously advised Wal-Mart on its acquisition of Massmart in 2011 and totalled $3 billion of African M&A deals in 2011, while in 2012 it clinched the lead role advising Vitol Group and Helios Partners on the acquisition of a majority stake in most of Shell’s downstream businesses. The firm’s work for the government of South Sudan has been of critical importance and well exemplifies the calibre of matters the team can handle. Matters One of Skadden’s headline roles was advising the Government of South Sudan on a range of contentious and non-contentious matters. Bruce Macaulay and David Herlihy were advising the state in ICSID arbitration in defence against a claim over oil rights by North Sudan, resulting from the 2011 independence. Nordlinger meanwhile was working with the state in multi-billion dollar negotiations over oil rights between the two countries and between South Sudan and each oil company with rights to explore, produce or market oil in the country. Another headline matter was for Vitol Group and Helios Partners. Nordlinger and Shaun Lascelles advised the clients in their acquisition of the majority of Shell’s stake in most of its downstream business across 16 countries for an estimated $1 billion. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 21 INTERNATIONAL FIRMS FIRM BRIEFINGS Dentons 2012 Firm Overview Key partners Paul Bugingo Dentons operates through a network of formal non-exclusive associations throughout the continent that includes some of the leading firms on the ground. The firm is often recommended for its corporate expertise in energy and infrastructure and clients recommend Richard Macklin and Darren Acres, among others, for their “broad based skills and extremely good commercial viewpoint”. Paul Bugingo heads the practice out of London. Matters The firm has recently been involved in the construction and development by Gulf Power of a diesel generation power plant on the Athi River in Kenya, funded by the IFC and OPEC Fund. Stephenson Harwood 2012 Firm Overview Active jurisdictions Benin, Equatorial Guinea, Ethiopia, Ghana, Kenya, Mauritius, Mozambique, Nigeria, Senegal, Sierra Leone, South Africa, Sudan, Tanzania, Uganda Highlight clients Eland Oil & Gas, Nigerian National Petroleum Corporation (NNPC), Dowans Holdings Key offices London Key partners Kamal Shah, Paul Phillips Stephenson Harwood’s Africa practice is led by the multi-lingual Kamal Shah, who has considerable experience working in West and East Africa. The firm operates a secondment programme with the ALN and has an especially strong profile for litigation and disputes. The firm boasts niche expertise in fraud and asset tracing, commercial arbitration, aviation, maritime and corporate, with a strong franchise in advising governments. Exemplary recent matters include the firm’s representation of the Nigerian National Petroleum Corporation (NNPC) in arbitration and Eland Oil & Gas on the acquisition of assets from Shell, Total and ENI in Nigeria. Matters Kamal Shah led teams representing the Nigerian National Petroleum Corporation (NNPC) and Dowans Holding and Dowans Tanzania. The former is a long-running case launched in 2004 and concerning some $300 million, in which the NNPC is defendant in the UK courts against an attempt to enforce a Nigerian arbitration award made to IPCO Nigeria. In the latter, the firm is assisting the client against the Tanzanian Electricity Supply Company (TANESCO) in relation to the enforcement of an ICC arbitration award. A team led by Alex Davis was also advising insurer RSA Cargo in litigation over a claim relating to the hi-jacking of the Anuket Emerald oil tanker off West Africa. The case involves Benin and Nigeria. On the non-contentious side, Tony Edwards and Jeremy Sheldon led a team for Eland Oil & Gas in an acquisition of a license and interests from Shell, Total and ENI. The deal was valued at $177 million. 22 Tauil & Chequer Advogados w/ Mayer Brown 2012 Firm Overview Active jurisdictions Angola, Mozambique, Namibia Key offices Brazil Highlight clients Sonangol, Transocean Group, Maersk Oil Key sectors Oil & Gas, Water, Sewage and Utilities Law capability English, French, US, Key partners Alexandre Chequer, Gonçalo Falcão Tauil & Chequer Advogados has carved out a strong expertise in Angola in particular, where it began working in 2000 advising the Angolan government in drafting the Oil & Gas Regulatory Package and has since spent much time working with Sonangol, Chevron, BP, Total and ENI drafting project regulations. The firm maintains an alliance with CFRA Advogados and CK Advogados in Angola. Matters Alexandre Chequer, Salim Saud and Gonçalo Falcão were in the driving seat for the firm’s mandates. In 2012/2013 the team was advising Mercury Telecomunicações (Sonangol) on a $1 billion infrastructure project to set up an off-shore optic cable network to connect off-shore working sites. For Transocean Group, the firm assisted on the corporate restructuring of its Angolan entities, while in 2013 the firm was also advising Tidewater/Sonatide (Sonangol) on the establishment of a joint-venture to provide marine services within the oil sector. A fourth matter saw the firm working with Maersk Oil to devise a contractual structure, in negotiations with national concessionaire Sonangol, for the development of off-shore Angola Block 16 Chissonga Discovery. The project is valued at $4-5 billion. Trinity International 2012 Firm Overview Key partners Paul Biggs, Simon Norris Trinity has an exclusive focus on Africa and comes highly recommended particularly for power projects and project finance in Anglophone and southern Africa, as well and for its work on behalf of development finance institutions. It is one of the most often recommended firms in the energy and infrastructure space, with Paul Biggs and Simon Norris receiving wide praise. Matters The firm was advising the lenders to Vestas to fund the installation, commissioning and maintenance of 365 Vestas V52-850KW as part of the Lake Turkana Wind Power Project in Kenya and on a rail infrastructure project in Malawi and South Africa. Also in Kenya, the team again acted for lenders on project financing for Or Power 4 in connection to the Olkaria III geothermal power complex. In West Africa, the firm was retained by Azura, the developer of an IPP (independent power producer) project in Nigeria, in relation to the privatisation of the electricity sector and was also advising clients in relation to Tullow Oil’s $2.9 billion farm out of licenses in Uganda to Total and CNOOC. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 FIRM BRIEFINGS INTERNATIONAL FIRMS Vinson & Elkins Werksmans Attorneys 2012 Firm Overview Active jurisdictions Angola, Cameroon, Chad, Congo (Republic of ), Cote d’Ivoire, Djibouti, DRC, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Madagascar, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Senegal, Somalia, South Africa, Sudan (north), Tanzania, Uganda 2012 Firm Overview Active jurisdictions Angola, Botswana, Cameroon, Central African Republic, Cote d’Ivoire, DRC, Ghana, Guinea, Kenya, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, South Africa, Sudan, Swaziland, Tanzania, Uganda, Zambia Highlight clients Xstrata South Africa, Total South Africa, Siemens, Toshiba, Glencore, AngloGold Ashanti Key offices London, Houston, Beijing, Shanghai, Tokyo Key offices Johannesburg, Cape Town Highlight clients Statoil, China National Oil & Gas Exploration & Development Corporation, Anadarko, Pioneer Natural Resources, Tullow Oil Most active disciplines International arbitration, company and commercial, M&A and jointventures, private equity and funds, project finance (Energy and IPP) Key sectors Mining and metals, oil and gas, power, industry and manufacturing Most active disciplines Litigation, company and commercial, M&A and joint-ventures, project finance, EPC, environmental, land, tax Key sectors Mining and metals, oil and gas, renewable energy and clean technology, rail, roads Law capability English, US Law capability South African. Also French and English qualified lawyers and Lex Africa network firms. Key partners James Atkin, Paul Deemer, Alex Msimang, Kimberley Wood Key partners Greg Nott, David Walker Vinson & Elkins is especially busy in Nigeria, where the team has clocked up over 40 matters over recent years. Although its oil and gas practice, in Nigeria but also in Angola, South Africa, Ghana, Uganda and other countries, is its trump card the firm has also been active and building its team in infrastructure and mining and metals. They “have a good reputation and are sensible,” says a West African client, while clients in the Nigerian oil and gas sector praise the firm as a “professional energy firm with a global network and in-depth capabilities… they’ve done a lot of transactions in Africa and obviously they are a top oil and gas firm”. “We used the oil and gas and private equity team and both skill sets were very valued,” says a client. Practice head Alex Msimang, François Feuillat and Kevin Atkins receive praise form clients. “As a team they were excellent support, there when we needed them, able to work all hours especially hard when the deal turned on and off,” says one “Very good on the choreography of completion”. The key names in Werksmans’ practice are Greg Nott, who heads the firm’s Africa practice, and David Walker, who heads up the energy and infrastructure department. The firm was a co-founder of the Lex Africa network through which is has representation in 29 African countries. The network includes market leading firms in Kenya, Ghana, Uganda, Tanzania, Zambia and Botswana, among others, and provides Werksmans with possibly the widest coverage of the continent of the South African firms. Matters In one notable contentious case involving projects in the DRC and DRC registered companies, Des Williams and Pierre Burger represented Kamoto Copper Company against Zhongji Development Construction Engineering Company in arbitration following the termination of a contract. The case related to the supply of cement for the KOV Mine in the DRC. Matters On the contentious side Mark Beeley, Christopher Walker, François Feuillat, Nicholas Song and Nick Roberts were busy representing sponsors and project companies in litigation in Europe and before African courts (with local counsel). The activity focused on Nigeria and South Africa. Kimberley Wood and Kevin Atkins assisted Cairn India Group in a farm-in deal whereby Cairn and PetroSA signed an acquisition agreement for Block I, offshore South Africa. Alex Msimang led a team on a farm-out, assisting Tullow Oil on a farm-out of two thirds of its licenses in Uganda to Total and CNOOC. The latter was valued at $2.9 billion. The team also acted for Seven Energy on the development of a gas supply project off-shore Nigeria worth over $200 million and an Asian investor on a $4 billion investment into a global E&P business and an LNG project. ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 23 INTERNATIONAL FIRMS FIRM BRIEFINGS White & Case 2012 Firm Overview Highlight clients BHP Billiton, Mubadala, Emerging Africa Infrastructure Fund, African Development Bank (ADB) Key offices Paris, London, Hong Kong, Shanghai, Johannesburg (among others) Key partners David Baker, Paule Biensan, Jason Kerr, Michael Polkinghorne, Philip Stopford, White & Case is highly respected by peers for both non-contentious and contentious work. The firm is particularly recommended in South Africa, where it has a strong office, for energy matters and oil and gas work, on megadeals and for sponsors and lenders. The firm has a longstanding Africa Practice. The firm benefits from its international scope, leading on mandates through its London, Paris, Asian and Middle Eastern offices. The Paris team, led by Paule Biensan, has strong experience in concession based infrastructure projects, Francophone countries and mining and metals. The London office boasts an 80 strong projects team with Philip Stopford at the helm. The team has been active for the lenders on the Brass LNG project in Nigeria. David Baker is regularly recommended in oil and gas and Michael Polkinghorne is widely recognised for arbitration and disputes. Matters The firm, led out of Paris by Paule Biensan, was advising the lenders in relation to the construction of a toll bridge in West Africa, with estimated financing of €270 million from international finance and development institutions. In the oil and gas space, a Paris team was also advising a Texas oil company in relation to an equity stake in an offshore oil field in Ghana. Also in Ghana, the firm acted for the IFC and other DFIs on financing worth $210 million for the combined-cycle expansion of the Takoradi power project. Elsewhere in West Africa, Philip Stopford was leading a team assisting a group of sponsors in relation to a multi-billion alumina refinery project, while David Baker and Jason Kerr were active in Nigeria’s oil and gas sector. Baker had also worked with a gas company in relation to its interests in the Songo Songo gas-to-electricity project in Tanzania. Wragge & Co Wragge & Co has made recognised in-roads into the Africa energy and infrastructure space, specifically in energy and the regulated industries. International project partner Kieron Dwyer and director Joe Levin are recommended by commentators for their work, notably in upstream oil and gas financings. 24 ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 LEADING LAWYERS INTERNATIONAL FIRMS We asked partners of law firms, clients and in-house counsel from national and international private and public institutions based inside and outside Africa for their recommendations of individual practitioners that have impressed in energy and infrastructure work in Sub-Saharan African. Of the partners listed below a number have broad practices covering many disciplines but we have only indicated the specific areas for which they were recommended. Interviewees recommended lawyers for their significant experience of one or a number of countries and regions in Sub-Saharan Africa in the disciplines checked. The majority of partners listed indicated that over 50% of their practice was dedicated to SubSaharan matters. All the lawyers listed below primarily practice UK, French or US law, although some are dual qualified in Sub-Saharan jurisdictions. Name Firm Pascal Agboyibor Bertrand Andriani Christophe Asselineau Nicholas Azis David Baker Howard Barrie John Beardsworthy Jnr Orrick Herrington & Sutcliffe Linklaters Shearman & Sterling McDermott Will & Emery White & Case Eversheds Hunton & Williams Paule Biensan Paul Biggs Nina Bowyer Stéphane Brabant Paul Bugingo Ian Coles Jeremy Connick Simon Currie Ben Donovan Nikolaï Eatwell John Ffooks Clement Fondufe Anthony Giustini Peter Gray Helen Griffiths Julian Jackson Charles Jacobs Andrew Jones Peter Kasanda Martin Kavanagh Ryan Ketchum Ronnie King François Krotoff Yves Lepage David Lewis Adam Lovett Rebecca Major Alain Malek Cathy Marsh Boris Martor Richard Metcalf City Paris Paris Paris London London London Washington DC, Richmond White & Case Paris Trinity London Herbert Smith Freehills London Herbert Smith Freehills Paris Dentons Dubai Mayer Brown International London Clifford Chance London Norton Rose London DLA Piper London Clifford Chance London JWF Legal Madagascar Latham & Watkins Paris Clifford Chance Paris Clyde & Co London Slaughter and May London Norton Rose Johannesburg Linklaters London Linklaters London Clyde & Co Dar-es-Salaam Herbert Smith Freehills London Hunton & Williams London Ashurst London Gide Loyrette Nouel Paris Orrick Herrington & Sutcliffe Paris Clifford Chance London Norton Rose Dar-es-Salaam Herbert Smith Freehills Tokyo Norton Rose Paris Milbank Tweed Hadley London & McCloy Eversheds Paris Norton Rose London Bank ing a nd fin Capit ance al ma rkets Conc essio ns Proje cts C om merc ial an M&A d con tracts Priva te eq uity Sove reign state Energ s y Minin g and meta Oil an ls d gas Rene wable s EPC and c o nstru Infras ctrion tructu r e Powe r Com plian ce an d p ub lic law Leading lawyers ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 25 Name Firm City Robin Mizrahi Dominic Morris Alex Msimang Douglas Nordlinger Chadbourne & Parke Allen & Overy Vinson & Elkins Skadden Arps Meagher Slate & Flom Trinity Orrick Herrington & Sutcliffe CMS Cameron McKenna McDermott Will & Emery Freshfields Bruckhaus Deringer Norton Rose Freshfields Bruckhaus Deringer Simmons & Simmons Ashurst Allen & Overy Ashurst Ashurst Ashurst White & Case SJ Berwin Jones Day Norton Rose Cleary Gottlieb Steen & Hamilton Freshfields Bruckhaus Deringer McDermott Will & Emery Vinson & Elkins London London London London Simon Norris Peter O'Driscoll Bob Palmer Jean-Claude Petilon Tim Pick Nick Prowse Alan Rae Smith Simon Ratledge Peter Roberts Tim Scales Antony Skinner Cameron Smith Mike J Smith Philip Stopford Neil Upton Laurent Vandomme Arun Velusami Jean-Pierre Vignaud Graham Watson Rupert Weber Kimberley Wood 26 LEADING LAWYERS London New York London Paris London London London Paris London Paris London London London London London Paris London Paris London London London ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 Bank ing a nd fin Capit ance al ma rkets Conc essio ns Proje cts C om merc ial an M&A d con tracts Priva te eq uity Sove reign state Energ s y Minin g and meta Oil an ls d gas Rene wable s EPC and c onstr Infras uctrio tructu n re Powe r Com plian ce an d pub lic law INTERNATIONAL FIRMS ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Internationals – disputes ADR Arbit ration Dispu te res olutio Litiga n tion LEADING LAWYERS INTERNATIONAL FIRMS Name Firm Office Anthony Albertini Yas Banifatemi Christian Camboulive Emmanuel Gaillard Jean-Yves Garaud Clyde & Co Shearman & Sterling Gide Loyrette Nouel Shearman & Sterling Cleary Gottlieb Steen & Hamilton CMS Cameron McKenna Herbert Smith Freehills Gide Loyrette Nouel Shearman & Sterling Freshfields Bruckhaus Deringer Quinn Emanuel Urquhart & Sullivan White & Case Stephenson Harwood Clifford Chance Baker & McKenzie Allen & Overy London Paris Paris Paris Paris ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ London London Paris Paris Paris Paris ✓ ✓ ✓ ✓ ✓ ✓ ✓ Ben Holland Charles Kaplan Carole Malinvaud Fernando Mantilla-Serrano Constantine Partasides Philippe Pinsolle Michael Polkinghorne Kamal Shah Audley Sheppard Jeremy Winter Michael Young Paris London London London Paris ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013 27