Anjarwalla & Khanna’s Dispute Resolution team handles complex and high value disputes. With a large and multi-office team, we advise on a wide range of contentious matters, including shareholder disputes, contractual claims, insolvency, real estate, environment, intellectual property, fraud, tax, maritime law and regulatory compliance. The team is increasingly advising on cross border matters and assisting with forensic investigations. We are also experienced in using alternative dispute resolution, including mediation and arbitration.
Representative matters include:
- Acting for Africa Oil, a Canadian oil and gas company, in long running proceedings brought contesting seeking to challenge the decision of the Ministry of Energy to award our client and its partners exploration licences and production sharing agreements in respect of four exploration blocks in Northern Kenya. We have successfully seen the dismissal of the first judicial review 1 of 2010 and second judicial review 1 of 2012 proceedings. We also successfully defended Africa Oil in taxation of costs proceedings in the amount of KES 1.6 trillion. We successfully represented Africa Oil in contentious insolvency proceedings resulting in an order of winding up of Intestate Company, the main applicant of the judicial review application. This dispute is ongoing.
- Defending Lake Turkana Wind Power Project (LTWP) in a class action suit instituted by members of the local community seeking injunctive orders to stop the construction of the project, Kenya’s largest private sector investment in Africa’s largest wind farm and a Vision 2030 project. LTWP is a consortium made up of international investors in a 300MW wind farm on the shores of Lake Turkana. The electricity generated will be supplied under a Power Purchase Agreement with Ketraco, a government utility company. The wind farm is a flagship project of the national government designed to increase electricity capacity by 17%. We have obtained a status quo order allowing the project to continue as we proceed to oppose the injunction and the main suit.
- We acted as local counsel for Vanoil Energy in international arbitration against the Kenya government for unlawful termination of the Production Sharing Contracts for oil blocks 3A and 3B in Garissa County. We are local counsel alongside Todd Weiler. The claim is worth approximately USD 150 million and has been reported in the international press. We served a formal Notice of Arbitration under the UNCITRAL rules on the Attorney General.
- Successfully acting for GC Retail in opposing an injunction application filed by Sinohydro Corporation before the High Court seeking interim relief under the Arbitration Act, 1995 pending intended arbitration proceedings in London for a construction dispute. GC Retail hired Sinohydro as the main contractor for the Garden City Mall, a Vision 2030 project. The suit was triggered when GC Retail called for payment under a $5.9 million performance bond after construction delays. The High Court ruled in favour of GC Retail by dismissing the injunction application and upholding the client’s right to call for payment of the performance bond. Sinohydro Corporation has filed a notice of appeal against the ruling and obtained an interim stay against payment. We challenged the right of appeal. The parties negotiated and reached a settlement on commercial terms.
- Representing and advising Kipeto Energy in a dispute filed by several land owners with whom Kipeto had entered into long term lease agreements for the purpose of development and maintenance of the second largest wind power facility in Kenya in Kajiado. In the application, the Plaintiffs sought orders for the revocation of the lease agreements and a permanent injunction restraining Kipeto from proceeding with the development. We have entered appearance under protest and filed an application to stay the dispute and refer it to arbitration as provided for under the leases. The parties are currently in discussions.
- Acting for the Heineken Group, a Dutch brewing company, in connection with a disputed termination of distribution agreements. The distributors have obtained an interim injunction to stop the intended termination. We have filed a notice of appeal against the decision granting the distributors an injunction. The main case is proceeding before the High Court at Nairobi.
- Acting for Paragon Electronics in a tax matter where Paragon has taken KRA to court disputing a tax assessment of KSh. 105 million. We filed a judicial review application challenging the assessment process and were granted leave to apply to quash the decision. The case is ongoing.
- Defending Finlays, a local farming and exporting company, against a transfer pricing assessment in the amount of USD 18 million raised by the Kenya Revenue Authority (KRA). Our scope of work involved working with Finlay’s tax advisers to file an objection to the assessment in accordance with the provisions of the Income Tax Act, as well as undertaking negotiations with KRA. This matter resulted in the triggering of the Mutual Agreement Procedure (MAP) under the Kenya-United Kingdom Double Tax Treaty pursuant to which the assessment following discussions between the KRA and HMRC.
For more information on Anjarwalla & Khanna’s dispute resolution expertise, please contact AISHA ABDALLAH in Nairobi.