Arbitration
We represent clients in commercial disputes before arbitral tribunals of ICSID, ICC, LCIA, DIFC-LCIA, FOSFA, GAFTA and UNCITRAL and John Miles sits as an International Arbitrator under the auspices of LCIA and UNCITRAL.
The Team speak at conferences on topical issues concerning arbitration and we have also co-authored the book “Arbitration in Africa: A review of key jurisdictions” We have recently acted for:
- An East African company in respect of a challenge to our client’s termination of a hotel management contract by its former service provider (DIFC-LCIA);
- A company in a claim against an East African parastatal concerning the validity of a Power Purchase Agreement (ICC);
- A Canadian company (as co-counsel) in a claim against an African Government to protect its interest in the renewable energy sector (ICSID);
- A private individual in respect of various claims arising out of a family dispute (LCIA);
- A Ugandan company against an African Government for failure to pay for services provided to a number of different ministries (UNCITRAL).
Investigation
We have conducted and advised upon the legal element of large scale fraud investigations for East African regulators, which have resulted in multi-jurisdictional recovery of assets.
John Miles is the Kenyan member of ICC FraudNet, the leading independent network of international lawyers specialising in fraud, white collar crime and asset recovery. Examples of our recent work includes:
- Instructed by the Kenyan Capital Market Authority (CMA) to conduct two separate detailed forensic investigations in respect of publically listed companies following allegations of fraud and corruption and preparing a comprehensive report on our findings and advising the CMA on regulatory actions against the Company and its officers;
- Advising a Chinese corporation in relation to an internal fraud concerning their Kenyan subsidiaries, including the management of civil and criminal proceedings in Kenya;
- Advising a Tanzanian company on asset recovery arising out of claims against a company based in the Marshall Islands; and
- Advising a Pakistani based group in relation to recovery of assets via enforcement proceedings of an International Arbitration Award under the New York Convention.
Advisory
JMiles & Co is heavily engaged in international legal consultancy work. This includes sector reviews and reports, legal advice, publications, legislative reviews and training on dispute resolution for Governments. Examples include:
- Advising a Kenyan company on a dispute with an international contractor concerning the construction of a power plant;
- Training various ministries of the Ethiopian Government on Alternative Dispute Resolution;
- Advising international investors on projects in South Sudan;
- Advising the land owners on issues arising out of the construction of a solar power plant; and
- Contributing to the Kenyan chapters for Global Legal Insights: Energy 2018 and Global Legal Group’s International Comparative Legal Guide to Anti-Money Laundering 2018
Mediation
Mediation offers parties a voluntary way of discussing disputes in a confidential setting, with the aim of achieving a quick and amicable resolution, at a lower cost when compared to litigation and arbitration.
John Miles is a CEDR accredited mediator, with a wealth of experience of mediating resolutions of complex personal and commercial disputes, both when advising clients and as independent appointed mediators.
We are sensitive to local and international issues as well as cultural values, which often play a significant role in parties achieving a mutually acceptable outcome.
If you have a dispute in Africa please contact us for details on how we can assist you during a mediation process.
