Publications for African Regional Forum

Recent developments impacting legal services in Ethiopia from a historical perspective

This article is an update on the regulation of the legal practice in Ethiopia. It briefly covers the historical development and focusses on the current system while presenting and reflecting on the new law opening the door for the establishment of Limited Liability Partnerships in Ethiopia.

Released on Dec 21, 2022

Belokon v Betamax: Divergent approaches to the review powers of supervisory courts on public policy grounds

Earlier this year, the Cour de Cassation handed down Belokon v Kyrgyzstan (Cass. Civ. 1st, 23 mars 2022, n° 17-17.981). The Court’s decision appears to indicate that French courts are prepared to take a more interventionalist role in setting aside arbitral awards, where public policy concerns are raised. An interesting comparison can be made with the position in Mauritius following Betamax Ltd v State Trading Corporation [2021] UKPC 14.

Released on Dec 21, 2022

Football 256 v Uganda Football Associations (FUFA)

Football 256 purported to carry out an awards ceremony via their social media channels – ‘Football 256 Best of the Season Awards’ – for the recently concluded 2020-2021 StarTimes Uganda Premier League. In response, the Federation of Uganda Football Associations (FUFA) threatened legal action against Football 256, the football clubs, club officials and players.

Released on Jun 7, 2022

The implications of Brexit on taking African claims to the UK: the end of suing British conglomerates in London?

The idea of African group claims against UK-based corporates that have been brought to the English courts is not entirely new, but has seen a spate of claims in the last five years or so, suggesting that it is a trend that may be accelerating.

Released on Feb 25, 2022

Don’t dump tech: analysis of the Nigerian Communication Commission’s draft e-waste regulation for the telecoms sector

This article considers the draft Regulation on E-Waste published by the Nigerian Communications Commission to regulate the management and control of e-waste in the telecoms sector. Its focus on reuse, recycling and other forms of recovery of used telecoms’ equipment presents a sectoral commitment to tackling the growing menace of e-waste in Nigeria.

Resolving tax disputes via arbitration

The Court of Appeal seemed to have set the records straight in its popular 2016 judgment of Esso Petroleum v NNPC on the non-arbitrability of tax related matters, its stance being that tax related matters are not subject to the decision of an arbitrator.

Financial inclusion in Nigeria: mobile money services, payment services, banks and telecoms operators

The Central Bank of Nigeria’s (CBN) National Financial Inclusion Strategy has as its primary objective provision of access to financial services to at least 80 per cent of Nigeria’s bankable adult population by the year 2020. To attain this objective the CBN has adopted several initiatives including microfinance banking, agent banking, tiered ‘know your customer’ requirements and mobile banking. These initiatives are however still not penetrative enough as the inclusion rate is still lower than expected.

Aircraft financing in Nigeria: challenges and prospects

One of the major impediments to Nigeria becoming a regional hub for air transport, is the lack of necessary funding to finance the acquisition or leasing of aircraft fleets. As the country seeks to revive its national carrier, it will no doubt need to acquire a fleet of aircrafts to meet this objective. These acquisitions will be facilitated by various financial institutions both local and international, and will require guidance on the governing laws and procedures for such transactions applicable to the

Safety at sea and collision regulation in Nigeria

This article outlines the regulatory framework for the prevention and management of maritime collision in Nigeria and highlights the procedures applicable for the safe passage of ships in Nigerian waters.

Taxing the digital space: the principle of significant economic presence

The Finance Act, 2019 amended various tax provisions applicable in Nigeria including the income tax payable by Nigerian companies. The amendment introduced the concept of significant economic presence (SEP) as a basis for determining tax liabilities of non-resident companies who derive revenue through the provision of digital services and technical, management, consultancy or professional services in Nigeria.

The role of state courts in international arbitration: a comparison between Sudan and the UAE

This is a brief practitioner’s comparison between the UAE and Sudan arbitration laws and practice, with respect to the role of state courts in international arbitration