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Private Practice Powerlist: Africa Specialists

Private Practice

Charles Nairac

Partner | White & Case

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Private Practice Powerlist: Africa Specialists

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Charles Nairac

Partner | White & Case

About

Based in: Paris

Number of years practice: 21

Principal practice areas:
International arbitration, with a focus on the construction and energy industries

Languages spoken: English and French

What is the geographical focus of your practice in Africa?

North and Francophone Africa, West Africa,East Africa and Central Africa.

Please describe the most important matters you have worked on in the African market in the last two years, including your role and the significance of the matter (if any) to the development of business and law.

Representing a telecom company in a dispute with a joint venture partner and government in North Africa, representing a Central African company, owned by a prominent Middle Eastern family, in arbitration, asset tracing and enforcement actions in Paris, London and several other jurisdictions in relation to claims against such Central African country. The sums involved were almost a billion
US dollars.

I have also represented a US oil company in a complex “equity redetermination” dispute arising out of an oil field discovery in a West
African country, as well as a consortium in a dispute with one of its customers regarding a project in North Africa. The customer is a
special purpose vehicle whose shareholders are state-owned companies of such North African country.

In addition to representing a telecom company in dispute with joint venture partners in East Africa, I have represented a Central African
state-owned port management entity in an ad hoc arbitration related to a port concession agreement, brought by the concessionaire. The matter involved wider economic implications making it of significant importance for the country as a whole. Also in Central Africa, I acted as co-arbitrator on an ICC tribunal in a dispute between a European company and a Central African country relating to a construction project. I also acted as the president of an ICC arbitral tribunal in a dispute between a Middle Eastern company and a Central African state-owned company relating to the sale of copper.

Lastly, I represented a Middle Eastern family business in a dispute with a former partner regarding the ownership of assets in France and Angola, as well as a North African mining company in a dispute arising out of a long-term supply agreement with a North American customer.

What differentiates your practice from that of other private practice lawyers?

My practice is focused on disputes, covers both English-speaking and French-speaking Africa, and goes back almost 20 years, when it was not as fashionable as it is today to work in Africa, especially sub-Saharan Africa.

Why has Africa been a particularly strong focus for you?

Being of Mauritian origin, and having lived in Africa (Nigeria) as a child, Africa is a natural focus of my personal and professional life.

What changes have you seen in the appetite for Africa-based ventures and investments over the last five years?

The appetite has grown tremendously, although the focus is not evenly spread across the continent.

Are there any aspects of the African legal market that you would like to see change?

Competence is extremely uneven; there are a few sophisticated bars like that of Lagos, Johannesburg or Abidjan, but the level of legal competence remains overall insufficient. Corruption remains a huge issue in many jurisdictions, and the legal market is not immune from that.

What megatrends do you think will shape the African market over the coming five years? How (if at all) will these trends affect your practice?

There is no such thing as “African market” in the field of legal services – there are 54 jurisdictions and even more legal markets. Having said that, I see the trans-African trends as being economic growth, spurring projects and corresponding legal work, including disputes, the possible development of the OHADA zone trans-jurisdictional legal services, especially OHADA arbitration, and the increased presence of international firms in leading markets, which can be expected to boost the sophistication of the local lawyers.


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