Logistics & Transportation
Anjarwalla & Khanna advises clients regarding transportation and logistics issues relating to the entire supply chain. We aim to assist our clients with logistics and related issues in the transportation of goods. The firm advises both foreign and domestic clients, on all modes of transportation, including aviation, motor vehicle, maritime, and rail, on various legal aspects such purchases, sales, leasing, chartering or financing of aircraft, other modes of transport or transport equipment; insurance; mergers and acquisition and joint ventures in the transportation sector; compliance; labour and employment laws regarding employees in this sector; drafting and reviewing of various contracts and agreements; providing tax and customs advice.
Matters in this sector include:
- Acting for Atlas Development Support Services (fka AOL), an African logistics services company incorporated in Guernsey and listed on the London Stock Exchange, on the first ever cross-listing onto the Growth and Enterprises Market Segment (GEMS) of the Nairobi Securities Exchange.
- Acting for Agility Logistics, one of the world’s largest logistics providers with operations in 100 countries and publicly traded on the Kuwait Stock Exchange and the Dubai Financial Market, on intellectual property matters, including registration of trademarks in East Africa and enforcing such trademarks through the institution of legal proceedings for trademark infringement.
- Acting for Starfreight, an Africa-focussed logistics and transport services company, on its sale to Agility, one of the world’s largest logistics providers with operations in 100 countries and publicly traded on the Kuwait Stock Exchange and the Dubai Financial Market.
- Acting for Spanfreight Shipping, one of East Africa’s leading shipping agencies, on its commercial shipping agency agreements with United African Feeder Lines, one of the largest shipping lines amongst the Indian Ocean operators, for services in various jurisdictions including Tanzania, Mauritius, Mozambique, Madagascar and the Comoros.
- Acting for Primefuels, an East African transportation and logistics company, in connection with a USD 8.75 million refinancing of the company by DEG, Barclays Kenya, Barclays Tanzania and Bank of Africa for the expansion and modernisation of its regional road transport capacity.
- Advising Rift Valley Railways (RVR) and a number of its shareholders on the restructuring of its 25 year concessions from the governments of Kenya and Uganda to operate the nearly 1,000 kilometre rail track linking the Indian Ocean to the interior of East Africa, including negotiating with the lead shareholder and the respective governments during the contentious and protracted restructuring and drafting all documents and agreements necessary to consummate the transaction.
- Acting for NIC Bank and I&M Bank in their joint lending to the Comarco Group of Companies, a large marine logistics, contracting and shipping company operating in Brazil, the Eastern coast of Africa, Myanmar and Indonesia, for both operations and the purchase of industrial machinery, including advising on the loan and credit facilities and security packages and negotiating with the Kenya Ports Authority to achieve perfection of certain security interests.
- Acting for Atlas Development and Support Services (fka AOL), an African logistics services company, incorporated in Guernsey and listed on the London Stock Exchange, on its acquisition of Ardan Risk and Support, an oilfields and logistics business operating in Kenya, Ethiopia and Mauritius, including conducting due diligence, drafting the transaction documents and obtaining approvals from the Kenya Competition Authority and COMESA Competition Commission.
- Acting for Primefuels, an East African transportation and logistics company, in connection with an investment in the company by Aureos Capital, a subsidiary of Abraaj Capital, the Middle East’s largest private equity firm managing over USD 7.5 billion and operating in numerous growth markets globally.
- Acting for Rift Valley Railways (RVR) the Kenyan and Ugandan operator of the nearly 1,000 kilometre railway connecting the Port of Mombasa with inland East Africa, in connection with its refinancing by international lenders including the International Finance Corporation, KfW, African Development Bank, Equity Bank, Netherlands Development Finance Company and ICF Debt Pool in the amount of USD 181 million, including negotiating with the lenders as well as reviewing and advising on the security package.