“The exchange rate stability as well as the possibility to transfer capitals are conclusive for the completion of investments abroad. In this purpose, the West African Economic and Monetary Union (WAEMU) established a harmonized legal regime securing, amongst other, currency convertibility and money transfer for its Member States, Mali, Niger, Senegal, Guinea-Bissau, Benin, Togo, Burkina Faso, and the Ivory Coast.”
Philippe de Richoufftz and Kaja Börner
With the Law No 2015-12 relating to the production of electricity from renewable energies and its implementing Decree n°2016-1123, Tunisia set up a specific legal framework for the IPP in RE.
This legal framework offers the following three regimes, the two first of them being largely used by the Tunisian authorities since 2017 to invite private developers to contribute to the development of RE in the country:
* the power concession regime for projects exceeding 10 MW of installed capacity for solar photovoltaic, 30 MW for wind and 15 MW for biomass;
* the licence regime below these thresholds; and
* an original self-production scheme that resembles a sale to captive clients.
Philippe de Richoufftz and Pauline Coune
In January 2020, MASEN launched a call for expression of interest for the realisation of multiple projects for the production of electricity from photo-voltaic solar energy. In no way the current version of Law No 13-09 includes calls for expression of interest. More so, it does not apply to the photo-voltaic production. It seems that MASEN anticipates the enactment of the draft law No 40-19 which should deeply amend the regime of the IPP in renewable energy.
(Arbitration) court proceedings bring it to light: without the contractor's fault, projects have got into trouble because of delays, obstructions or other events that make performance difficult. Based on legal experience in international proceedings, the following describes the requirements for successful claim enforcement by the courts and how these requirements can be met by good commercial project management.
Ivory Coast adopted a new Investments Code in 2018 with the enactment of the Presidential Order No 2018-646 dated August 1st, 2018. Said Investments Code provides multiple incentive regimes depending on the investments amounts, the location of the investment, the size of the investor and the sector in which the investment is planned.
Philippe de Richoufftz
The investment promotion regime in Senegal is rather old compare to other African countries since the current Investments Code in Senegal has been enacted by the Law No 2004-06 dated February 6th, 2004. Providing the investor plans an investment exceeding EUR 152,000 for the development of a new business in Senegal, the latter could be eligible for tax and customs incentives after approval of APIX, the Senegalese Investment Agency.
„Tunisian Investment Code is rather new and generous for the investors with grant and subsidies reaching up to 30% of the investment costs for projects qualified as being of national interest. Subject to various conditions, smaller projects can also be eligible to substantial subsidies.”
Led by its partner Nicolas Bremer Alexander & Partner advises Mitsubishi andNippon Telegraph and Telephone Corporation on Saudi Arabian merger controlmatters pertaining to the acquisition of a stake in HERE Technologies
Dr. Nicolas Bremer
Since 1973, foreigners (individuals or companies held by foreigners) can no more acquire plots of land located outside the urban perimeter, qualified as agricultural lands. Real estate investment in Morocco requires then that the investor applies for a non-agricultural vocation certificate (AVNA) to acquire and have a land title duly registered with the land registries. Here is its regime.
Implications for Commercial Contracts under International Law, French Law, English Law and German Law
With the coronavirus (“COVID-19”) having spread over 100 countries and infecting meanwhile over 300,000 plus people across the globe, it is set to alter commercial life as we know and anticipated it. The impact of the current crisis getting increasingly difficult to scope for parties involved in national and international trade and commerce.
Oliver Alexander, Dr. Philipp Stompfe LL.M. and Argha Kumar Jena
In a decision of 7 May 2019, the highest French court missed an opportunity to discuss the legal nature of the claim for damages due to abrupt termination of a long-standing business relationship under Art. L.442-6, paragraph 1, point 5, old version, of the Code de Commerce (now Art. L. 442-1, II new version, of the Code de Commerce, please see our previous publication Important news in French commercial and distribution law).
This decision shows once again how hesitantly and at the same time contradictory the French case-law of recent years has reacted to the Granarolo decision of the ECJ.
Dr. Daniel Smyrek und Petra Kuhn
The declaration of the global outbreak of the Novel COVID-19 (2019 nCoV) virus (corona virus) by the World Health Organisation has sent shockwaves into the world of international trade besides the direct impact on the global health. Impacts as such on cross-border transactions and subsequently on the contracts concerned are becoming clearer with time.
Furthermore, specific government directives in affected countries with respect to import/export and travel restrictions have led to a justifiable uncertainty amongst companies involved in international transactions.
This article sets out the legal fundamentals of relying on force majeure, declaring force majeure respectively, and provides relevant information as may be pertinent in combatting the situations at hand.
Oliver Alexander, Dr. Philipp Stompfe LL.M. and Argha Kumar Jena
November 6, 2019
The European Regulation No 650/2012 of July 4, 2012 provides that, unless an effective choice of applicable law was made, the law of the state in which the deceased had his last habitual residence is applicable. This presentation offers, as far as French law is applicable to the succession, a detailed overview of practical winding-up of estates in the Franco-German context. The focus is not only placed on specific French proceedings and tax characteristics but also on the securing and management of banking and capital assets (namely life insurances) and the French real estate law, mainly covering the sale of real property.
October 21, 2019
This presentation provides an overview of the key features and challenges in relation to the newly enacted arbitration laws in the GCC States.
Dr. Philipp Stompfe
September 2, 2019
The general terms and conditions of sale constitute "the basis for commercial negotiation." These have been the subject of a reform, resulting from Order No. 2019-359 of 25 April 2019, which is welcome when one takes into consideration the complexity of the regime of general terms and conditions of sale which, before this reform, was divided into three different articles of the French Commercial Code.
Dr. Daniel Smyrek, Petra Kuhn and Pauline Blard
August 27, 2019
In its most recent decision of 23 January 2019, the French Court of Cassation followed the ECJ and declared the compensation regime under Article 17 of Directive 86/653/EEC applicable in the event of termination of the contract by the commercial agent even if the dissolution takes place within his probationary period.
June 17, 2019
As a result of its economic strength, Qatar has emerged as one of the most important partners for western companies in the Arab world in recent years. Due to the dependence of the Qatari economy on foreign employees, labor law aspects are becoming increasingly important in addition to general economic and investment laws.
Employment activities in Qatar are primarily subject to the provisions of the labor and sponsorship law. In particular, violations of the sponsorship can lead to considerable fines and imprisonment as well as long-term entry bans.
While in the past Qatari authorities were rather generous regarding the compliance of labor and sponsorship law regulations, there has recently been a trend towards stronger control. The following article comprehensively demonstrates and analyzes the Qatari labor and sponsorship law.
Dr. Philipp Stompfe
June 13, 2019
Libyan law contains special provisions for the conclusion of investment contracts between foreign investors and the Libyan public sector (investor-state contracts). The legal basis for concluding contracts with the participation of the Libyan state or its subdivisions are the Administrative Contract Regulations (ACR) from 2007. The precondition for the applicability of the ACR is that the investment is state-approved and partially financed by the state. A main characteristic is that the content of the ACR automatically forms part of every investor-state contract.
In 1961, the Tunisian legislator adopted Decree-Law No 61-14 on the conditions for the exercise of certain commercial activities (Décret-loi n°61-14 relatif aux conditions d'exercice de certaines activités commerciales). This text stipulates that, in principle, all natural or legal persons who are not Tunisian nationals are prohibited from directly or indirectly engaging in commercial activities. However, the text also contains several exceptions, of which the merchant card is the most important for foreigners in order to be granted access to the Tunisian market.
Pauline Coune and Dr. Daniel Smyrek
June 4, 2019
Decree No. 2019-359 of 24 April 2019 amends the French Commercial Code (Code de commerce) in a number of essential points relating to general conditions of sale and the abusive termination of business relations. The new rules apply to all contracts and amendments concluded after 25 April 2019. Together with our French partner firm LEXT Avocats, Dr. Daniel Smyrek will give you an overview of the most important innovations in French commercial and distribution law.
Dr. Daniel Smyrek
May 6, 2019
You are looking for advice on the purchase or sale of your real estate in France? You have specific questions on French real estate law, such as taxes, notary or brokerage fees? We have compiled the most frequently asked questions about your real estate in France for you and Petra Kuhn, our expert for German-French real estate law, will be pleased to advise you.
Libya and Qatar both belong to the financially powerful countries of the Arab world. Due to their economic and financial position of power, these countries have become increasingly significant, especially regarding legal issues. Investment projects with the scale of several billion Euros underline the importance of these countries for western companies. Typical problems and risk structures of foreign investment activities in the Arab world can be shown inductively with reference to the legal system of Libya and Qatar. A key challenge for the drafting of contracts is a strong interdependence of national and international law, as well as the synthesis of law and politics.
This publication analyses the fundamental structures of national Arab investment law and international investment law, and thereby illustrates how the infirmities of these levels of regulation can be compensated by the of precautionary measures.
Bilateral Investment Treaties / Force Majeure / Hardship
The current political situation in some states of the Near and Middle East and North Africa demonstrates, that political instability in host states (states in which the investment is made) might negatively affect general domestic circumstances to the effect, that the implementation of investment projects might become subject to tremendous impediments or even impossible. This also includes specific political interventions, which aim to harm foreign investors and foreign direct investment. This contribution deals with protection options against detrimental state measures and the legal concept of force majeure and hardship in Arab legal systems.
The International Comparative Legal Guide to:Mergers & Aquisitions 201913th EditionChapter 45, pp. 315 et seq.March 2019
This contribution provides an overview of the legal and regulatory M&A regime of Saudi Arabia as well as challenges and strategies for drafting of transaction documents for M&A transactions in and with connection to Saudi Arabia.
The International Comparative Legal Guide to:Mergers & Aquisitions 201913th EditionChapter 55, pp. 392 et seq.March 2019
This contribution provides an overview of the legal and regulatory M&A regime of Saudi Arabia as well as challenges and strategies for drafting of transaction documents for M&A transactions in and with connection to the United Arab Emirates (UAE).
Islamic Finance newsVolume 16, Issue 6 February 13, 2019
As part of a larger economic reform program to entice foreign investment and spur growth, Egypt’s government recently issued a number of amendments to Law No. 159 of 1981 regarding commercial companies. The new legislation aims to increase regulatory oversight over stock market transactions and other trade with financial products.
VerfassungsblogFebruary 6, 2019
Recent changes to Germany’s Foreign Trade and Payment Act largely affect Foreign Investments in Germany. The German government has lowered the threshold for the screening of Foreign Direct Investment (FDI) to the acquisition of 10% of the voting rights of a German company being active in the military and encryption sector and of German companies which are operating in the field of critical infrastructure according to the Regulation for Identifying Critical Infrastructure.
Those changes have a great impact on conducting investments in Germany.
This contribution analyzes the compatibility of the recent changes with EU law.
Dr. Philipp Stompfe
The close economic relations between France and Germany and the globalisation of the behaviour of private investors lead to cross-border inheritances and donations. For example, an inheritance has a foreign connection if a German citizen had his or her last residence in France or vice versa. This is also the case if the German testator owns a holiday home in France.
Since August 2015, the law applicable to the entire estate is the law of the last habitual residence of the testator. Moreover, it is now possible to choose the law applicable to one’s entire estate.
Under these conditions, French lawyers may be confronted with the application of German law.
Islamic Finance newsVol. 16 Issue 3January 23, 2019
Due to the significant regulation of the finance industry, development in the regulatory frameworks governing it is a key factor in the success or failure of the industry. While more liberal regulatory regimes may pose opportunities for short-term growth and high-risk investors, dedicated and effective regulation typically builds trust and fosters long-term progression. This is true to both the conventional industry as well as the Islamic finance industry.
Dr. Nicolas Bremer
Bilatéral N° 58December 2018p. 28-29
For some time, Morocco has been promoting industry sectors with high added value by creating free zones. One of these sectors is the automotive industry. In the latest issue of the magazine Bilatéral, published by the German Chamber of Industry and Commerce in Morocco, Dr. Daniel Smyrek and Philippe de Richoufftz comment on the legal framework for the establishment of automotive companies in these specific zones.
Dr. Daniel Smyrek and Philippe de Richoufftz
October 2, 2018
The local regime offers various possibilities to structure power generation. There are more than 130 holders of generation licenses and the introduction of the eligible customers gives other perspectives to increase the Nigerian power generation capabilities in resting on the private sector.
Philippe de Richoufftz and Elisabeth Givelet
September 25, 2018
The electricity sector in Mali is governed by the Order N. 00-019/P-RM dated March 15, 2000 and its implementing Decree N. 00-184/P-RM dated April 14, 2000.The Malian law leaves the possibility for IPP to produce electricity through power concession or self-energy production.
May 28, 2018
Legal update UAE Corporate law Foreign ownership restrictions
Journal of Dispute ResolutionVol. 2018, Issue 1Article 11, pp. 109 et seq.
Asserting a claim in an international transaction is often complex. If a transaction involves parties from different countries, the venue of dispute resolution will often be in a jurisdiction different from that where enforcement may have to be sought. In such a case, any ruling obtained will have to be recognized by the competent authority of the country where enforcement is sought (known as requested country). Obtaining recognition of a foreign ruling in the Middle East and North Africa is considerably challenging. Despite some progress having been made over the last decade, local courts are still rather reserved towards foreign ruling. In particular, the tendency of local authorities to conduct a full revision au fond under an extensive interpretation of the ordre public exception. This article provides an overview of the regulations in Iraq, Jordan, Lebanon, Syria, and Egypt and formulates some suggestions on strategies of dealing with the challenges posed by the existing regimes.
October 4, 2017
Legal framework and financing requests in the Near and Middle East.
IHK (Frankfurt/Main)September 28, 2017
Market development, framework conditions and business opportunities for German companies in the food industry in Tunisia with a focus on mechanical engineering and plant construction
The International Law Office (ILO)
August 23, 2017
published by LexisNexis (2017)
A conversation with Nicolas Bremer of Alexander & Partner Rechtsanwaelte on the Kuwaiti merger control regime outlining the key features of the country's competition regulations as they pertain to merger control. For the full text please access the LexisNexis data base.
DW TV's business magazine "Made in Germany" focuses on the ongoing crisis in the Gulf. Dr. Nicolas Bremer speaks on the economic implications on the sanctions imposed on Qatar.
Dr. Nicolas Bremer
American Bar AssociationYear in ReviewSection of International LawVol. 51 (2017)pp. 699 et seq.
In 2016, the Egyptian legislator passed the new Value Added Tax law, which was subsequently published in the Official Gazette and took effect on September 8, 2016. The new VAT Law replaced the current General Sales Tax Law, Law 11/1991 (GST Law) and implemented a comprehensive VAT system in Egypt. This contribution provides an overview of the new legislation and its implications for businesses operating and or trading with Egypt.
American Bar AssociationYear in ReviewSection of International LawVol. 51 (2017)pp. 703 et seq.
In October 2016, the Iraqi legislature issued a new Iraqi Labor Law, Law 37/2015 (New Law), which replaced the old Iraqi Labor Law, Law 71/1987 (Old Law), in its entirety and entered into force on February 7, 2016. The New Law seeks to align Iraqi employment legislation with the standards of the International Labor Organization (ILO). Although the New Law — as the Old Law — was drafted as a piece of federal legislation applying to the whole of Iraq, it remains to be seen whether it will be applied in the Kurdish region in Iraq. In fact, a regional labor law for the Kurdish region has been under review by the Kurdish parliament for some time now. Most notably, the New Law introduced an end-of-service gratuity similar to that existing in other Middle Eastern jurisdictions, provisions of collective labor rights including the right to strike (which was banned in 1987 by the Old Law), and improved protection against discrimination in the workplace. This contribution provides an overview of the new law.
American Bar AssociationYear in ReviewSection of International LawVol. 51 (2017)pp. 713 et seq.
In late 2015, the United Arab Emirates’ Federal Ministry of Labor (now Federal Ministry of Human Resources and Emiratization) issued three decrees amending certain provisions of the UAE Federal Labor Law, Federal Law 8/1980 (UAE Labor Law): Ministerial Decrees 764/2015,121 765/2015,122 and 766/2015. All three decrees came into effect in January 2016. They introduced a compulsory standard employment agreement (Ministerial Decree No. 764), amended the provisions of the UAE Labor Law concerning termination of employment (Ministerial Decree No. 765), and introduced new conditions for obtaining new work permits (Ministerial Decree No. 766). Furthermore, the Ministry amended some provisions of the Wage Protection System when it passed Ministerial Decree No. 739 in the fall of 2016. In particular, the new decree introduced increased penalties for non-compliance with the provisions of the WPS regulations. This contribution highlights the changes relevant for businesses in the UAE.
published by LexisNexis (2017)
A conversation with Dr. Nicolas Bremer of Alexander & Partner Rechtsanwaelte on the Saudi-Arabian merger control regime outlining the key features of the Kingdom's competition regulations as they pertain to merger control. For the full text, please access the LexisNexis data base.
June 13, 2017
May 29, 2017
May 23, 2017
26 RECIEL (2017)
April 13, 2017
McGill Journal of Dispute Resolution
Volume 3 (2016 - 2017)
December 22, 2016
December 21, 2016
December 19, 2016
INBA International Conference on Law and Policy (November 26, 2016 in New Delhi)
25 RECIEL (2016)
Water and Development Congress & Exhibition (October 20, 2015, Dead Sea/Jordan)
Presentation of Nicolas Bremer
GAIR Mitteilungen 2015
Editor: Hatem Elliesie et al.
Citizenship by Investment (CBI)
Alexander & Partner
Arab-German Yearbook 2015
Editor: The Arab-German Chamber of Commerce and Industry
Arab-German Yearbook 2014
Arab-German Yearbook 2013
3. Forum Internationales Recht:Für Unternehmer auf den Punkt gebracht
IHK Ostwestfalen zu BielefeldNovember 26, 2013
Presentation of Oliver Alexander