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
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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
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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.
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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.
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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.
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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-
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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.
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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
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ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013
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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
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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
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London
London
Paris
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Paris
Paris
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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
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Paris
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ENERGY & INFRASTRUCTURE | SUB SAHARAN AFRICA 2013
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