Diamond McCarthy’s preeminent international practice group has a particular focus and strength in handling high stakes dispute and advisory work in Africa. We have a proven track record with recovering significant amounts through cross-border international proceedings, international arbitration, and strategic cooperation with experts, advisors, and local counsel. This includes advising, representing and bringing claims against financial institutions and governments in jurisdictions and fora across the continent in a range of claims such as billion-dollar corporate shakedowns, and parallel criminal and civil proceedings. We have substantial experience across industries and sectors with a notable concentration in energy, mining and natural resources, finance, and real estate. Many of our matters involve assessing and developing claims under bilateral and multilateral investment treaties as well as international investment agreements. Our firm and its international practice leaders is an active member of the African Arbitration Association and The Arbitration Foundation of Southern Africa. This expands our reach and influence in the region and has created important connections and relationships.
**Diamond McCarthy lawyers are licensed to practice law in US jurisdictions and courts and some international jurisdictions (as indicated on the bio for each individual). Otherwise, we draw on our network of lawyers that are licensed locally in each respective matter.**
Recent and Significant Representative Experience:
- Acting for one of the largest copper mine in Africa and Latin America in advisory and ICSID Additional Facility proceedings regarding fiscal destability involving customs and VAT law over $7bn.
- Acting for investors in several ICSID and ad hoc arbitration claims regarding expropriation of post-discovery mining concessions in Central Africa.
- Acting as counsel to a client based in the Mauritius and U.K., in connection with cross-border Litigation enforcement proceedings in Arizona arising out of a multi-million dollar U.K. Judgment Against certain individual and corporate entities.
- Acting as advisor and counselor in major environmental disaster off the coast of Africa with significant implications on the local economy and tourism.
- Acting on behalf of an East African mining company in an ICSID arbitration against the government involving claims for breach of stabilization commitments.
- Acting on behalf of a mining company against a member of South African PowerPool involving claims for breach of applicable tariffs in a London-seated LCIA arbitration as well as strategic counsel in judicial review proceedings.
- Acted for an individual at the center of a corporate expropriation of a South African owned gold and potash mine, with cross-border cases including the BVI, Canada and Singapore.
- Acted for a junior oil company with respect to its Oil Mining License in the Nigerian Delta in the value of $400m, including parallel proceedings in Nigerian courts and ICC and LCIA arbitration.
- Acted for a West African Government in diplomatic immunity cases in Europe.
- Acted for a North African Government in a dispute with an overseas contractor regarding an airport construction project.
- Acted for West African Country in a commercial arbitration with an American contractor regarding construction project in Asia Pacific.