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RECENT EXPERIENCE

 

 

 

During the last years, Liedekerke has assisted national and international clients in the following matters, amongst others:


• Assisting an African law firm and its client in the acquisition of 25% stake in a company active in the energy sector.

• Assisting a foreign investor candidate in the acquisition of a Congolese company entrusted with the implementation of a project to import electricity from Zambia, with the transport of electricity on a distance of 150km and the supply to two Congolese mining operators located in Katanga.

• Assisting a foreign company in the acquisition of 100% the share capital of a DRC company active in the gaming industry.

• Assisting a company specialized in the supply of quality mining, earthmoving, agriculture, forestry and road construction, with the acquisition of assets in the DRC.

• Assisting a Dutch spare parts and automotive company with sale of shares and assets in a DRC subsidiary.

• Assisting a Luxembourg based holding company in the context of the first demerger under OHADA law in the DRC and the ensuing sale of 100% of the shares of its three resulting subsidiaries.

• Assisting a foreign company active in the mining industry in relation to a business transfer agreement and a shareholders’ agreement.

• Assisting the majority owners of a financial conglomerate in the sale of a 85% controlling interest in two Rwandan insurance and reinsurance companies.

• Assisting with preliminary advice in relation with the merger between two Rwandan mobile telecommunication companies.

• Assisting client with the negotiation of “partnership documentation” to be entered between a South Africa telecom company and the Congolese National Electricity Company (SNEL).

• Assisting a French sport and leisure manufacturing and retail company with the setting up of its operations in the DRC.

• Assisting US and Belgian companies with corporate and tax advice in connection with the double taxation treaty entered into between DRC and Belgium and the tax regime applicable to DRC companies.

• Assisting a Swiss company in incorporating a gold purchase desk (comptoir d’achat d’or) in Maniema (Kindu - DRC) and in structuring its operations in the light of the New Mining Code local content requirements.

• Assisting a DRC company active in the mining industry with the drafting and negotiation of a copper/cobalt distribution agreement.

• Assisting a DRC sugar factory with the drafting and negotiation of a contract in relation to the manufacture, supply & commissioning of a new boiler.

• Assisting a South African company active in the information technology sector in drafting and negotiating commercial contracts with Congolese public entities.

• Assisting a client with finance documentation in relation to a potential acquisition and the project financing of 2 acid plants in the DRC.

• Assisting a Canadian company active in the mining sector on a (high-yield bond) obligation offering.

• Assisting a Pan-African financial institution with the Congolese law aspects of a credit facility for the Central Bank of the Congo.

• Assisting a Chinese bank in relation to the Burundi law aspects of a USD 30,000,000 acquisition finance transaction.

• Advising a development finance institution in relation with a loan to an existing bank in Burundi, including the security package.

• Advising a client in relation to its USD 15,000,000 unsecured credit facility to Bank of Kigali for the financing of renewable and energy efficiency projects implemented by clients of Bank of Kigali.

• Advising an international bank in relation to a Term Loan Facility Agreement to the Eastern and Southern African Trade and Development Bank.

• Advising in respect of a Loan Note Instrument for the creation of up to USD 55,000,000 in favour of a company intending to acquire a Burundian company.

• Advising a bank in relation to the arrangement of buyer's credit facilities for a telecommunications company.

• Advising with an unsecured credit line of USD 6,000,000 to Access Bank (Rwanda) Limited.

• Assisting a company active in the hospitality sector with due diligence, facilitation and drafting of the purchase agreements during its semi-privatization.

• Advising a company active in the hospitality sector in relation to post-acquisition formalities.

• Advising a development finance institution in relation with its disinvestment in Tourism Promotion Services Rwanda Limited.

• Assisting a manufacturer of luxury furniture with the acquisition of a hotel in Burundi.

• Assisting clients with various commercial disputes (ICC arbitration proceedings usually) with a DRC group concerning sales of mining products; assisting also in related injunction proceedings before Belgian courts or emergency arbitration proceedings.

• Assisting the DRC State with various ICC arbitration proceedings, including against claims in excess of USD 750M and 15O M); also assisting in the annulment proceedings before the Paris Court of Appeal.

• Assisting a client with a dispute taken to ICC international arbitration in late 2016, in relation with client’s position as a minority shareholder in an important mining JV company set up in the DRC with a foreign investor (amount at stake in excess of 150M USD).

• Assisting a client with a dispute taken to ICC international arbitration in September 2017, in relation with client's position as a minority shareholder in another mining JV company set up in the DRC with a foreign investor (amount at stake in excess of 100M USD).

• Acting as lead counsel with a major dispute opposing a state-owned DRC mining company to a vulture fund before UK jurisdictions, in which the vulture fund claimed that the state-owned company had to be considered an “organ of the State” so that its assets could secure a debt owned by the DRC. The matter was eventually brought to the UK Privy Council which handed down a landmark decision ruling against the vulture fund.

• Acting as lead counsel in a similar dispute opposing a state-owned DRC mining company to another vulture fund. The vulture fund eventually waived its claim.

• Assisting in the frame work of a complex collective labour law dispute opposing a European multinational corporation and its DRC subsidiary to a group of nearly 170 former DRC employees who claimed to have been illegally dismissed in the years of 1999 through 2002.

• Assisting in the framework of a collective labour law dispute opposing a multinational corporation and its DRC subsidiary to a group of 19 former DRC workers who claimed to have been illegally dismissed in the years 1996-1997.

• Assisting a company specialising in the supply of quality mining, earthmoving, agriculture, forestry and road construction, with the acquisition of assets in the DRC.

• Assisting a foreign company active in the mining industry in relation to a business transfer agreement and a shareholders’ agreement.

• Assisting a Swiss company in incorporating a gold purchase desk (comptoir d’achat d’or) in Maniema (Kindu - DRC) and in structuring its operations in light of the New Mining Code local content requirements.

• Assisting a DRC company active in the mining industry with the drafting and negotiation of a copper/cobalt distribution agreement.

• Assisting a DRC mining company against a USD 155m claim for compensation brought by a subsidiary of a major Canadian mining group.

• Assisting an African law firm and its client with the acquisition of 25% stake in a company active in the energy sector.

• Assisting a foreign investor candidate with the acquisition of a Congolese company entrusted with the implementation of a project to import electricity from Zambia, with the transport of electricity on a distance of 150km and the supply to two Congolese mining operators located in Katanga.

• Assisting a DRC subsidiary of a South African energy company on labour law, advising on employer’s social, labour and reporting obligations under DRC law and providing the client with DRC law compliant model employment contracts.

• In the context of a hydroelectric plant development in the eastern part of the DRC, assisting with advice on the most appropriate vehicle and structuring of the contemplated investment in the DRC, including tax optimisation and a description of the ANAPI benefits and procedures.

• Assisting a DRC energy stakeholder in the context of structuring a hydropower project in the DRC (including negotiations and implementation of a PPA and investment and shareholders’ agreements). The project includes the entire power chain from generation to final consumption and consists, in its first phase of building two hydropower stations on Congo rivers, in establishing a transmission line, and in distributing/supplying the power to the inhabitants of two cities in the province of North Kivu.

• Assisting with preliminary advice in relation with the merger between two Rwandan mobile telecommunication companies.

• Assisting a client with the negotiation of “partnership documentation” to be entered between a South Africa telecom company and the Congolese National Electricity Company (SNEL).

• Advising on the framework and regulatory applications regarding the roll out in Rwanda, including remote/rural areas, by an internet provider company in partnership with mobile telecommunication companies and the largest online social media.