Director, Sector Head
Jackwell Feris is a Director in our Dispute Resolution practice and Head of the Industrials, Manufacturing & Trade sector. He provides dispute resolution, risk advisory and regulatory services in South Africa and various other African jurisdictions. He has particular experience in the following sectors: Arbitrations (both domestic and international); Regulatory and Public Law matters; Mining, Energy and Natural Resources matters and International Investment Law matters.
CDH in partnership with the French Chamber of Commerce Kenya hosted an informal breakfast event to discuss matters that affect the future of business in an everchanging market.
CDH’s Industrials, Manufacturing & Trade Sector is strategically positioned to provide clients with support to navigate international, regional, and domestic policy, domestic regulatory and legal nuances to tap into the African market.
Virtual Dispute Resolution: The use of technology in the resolution of international or domestic disputes during COVID-19.
Investment treaties generally contain a dispute resolution provision for the resolution of disputes between an investor and a host government in relation to certain alleged violations of an applicable treaty. These investment treaties also provide for the steps/mechanism to trigger a potential investor-state arbitration against a host government.
Political Risk broadly refers to a political event within a country that may materially affects the projected profitability or legal framework of an investment or a particular project. The most common political risk factor is usually the risk of expropriation or nationalisation.
National Treatment and Most-Favoured-Nation ("MFN") Principles are contingent standards. National Treatment and MFN are each concerned to ensure that treatment afforded to a foreign investor of another contracting state with the host state is not less favourable that that which are afforded to a national of the host state or that of a third state.
The non-contingent standard of 'Full Protection and Security' is commonly found in investment treaties. It is fundamentally concerned with the failure by the host state to protect an investor's property from actual damage caused by either state officials or the actions of others where the state has failed to exercise due diligence (i.e. police power).
In this instalment, Director Jackwell Feris discusses the fair and equitable treatment guarantee under international investment treaties.
In our fifth instalment, Director Jackwell Feris briefly discusses the guarantee against expropriation and/or nationalisation without compensation which is one of the substantive grounds under international investment treaties for the protection of investment.
In our fourth instalment, Director Jackwell Feris briefly highlights the Substantive Rights that investors of qualifying investments are entitled to rely on under International Investment Agreements (and in some instance foreign investment laws).
On this month’s podcast Njeri Wagacha talks to Jackwell Feris, Director in the Dispute Resolution practice and Head of the Industrials, Manufacturing & Trade Sector on re-thinking industrialization in Africa, the bottlenecks preventing the development of intra-Africa trade, the protocol on the free movement of people and the potential for Africa's self-determination as a result of the Africa Continental Free Trade Agreement.
