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Legal 500

Commercial Disputes and anti-suit relief in Anglophone Africa – a panel discussion

Location: Online

Timings: 12:00-1:00 pm UK Time Virtual Event (Zoom)
Members: FREE to attend - Book by 06 Oct
Non-Members: Register above as a member and attend for FREE - Book by 06 Oct

The anti-suit injunction or interdict is a powerful tool in the court's weaponry when dealing with both domestic and cross-border commercial disputes. Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief. 

In this panel discussion, chaired by Andrew Moran KC, the various speakers will discuss the jurisprudence of the Nigerian and South African courts with a view to identifying what litigants and those who advise them will need to keep in mind when applying for anti-suit relief.

Andrew Moran KC and Anthony Kennedy are the authors of Commercial Litigation in Anglophone Africa (2nd Ed Juta), an authoritative work which details the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered: Botswana, Gambia, Ghana, Eswatini, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Tanzania, Uganda, Zambia and Zimbabwe.

The second edition, published in March 2023, provides a refined explanation of the law to be applied as it relates to (i) civil jurisdiction over commercial disputes involving a foreign element, (ii) the enforcement of foreign judgments, and (iii) the availability and nature of the interim remedies in each of the sixteen jurisdictions addressed.

The authors also provide coverage of the potential availability of an anti-suit injunction (in common law jurisdictions) or anti-suit interdict (in Roman-Dutch law jurisdictions). The second edition details the further entrenchment of the principle of forum non conveniens into the civil law of jurisdiction in the Republic of South Africa.  The text is available to order from Juta and Amazon.

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