Jackwell Feris

Jackwell Feris

Director

Jackwell Feris is a Director in our Dispute Resolution practice providing 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.

t +27 (0)11 562 1825 f +27 (0)11 562 1695
  • Advised major utility for several years on various matters affecting several of its power stations, including representing the utility in various multi-billion-rand arbitrations, amongst others, a hardship claim and a claim for the funding of a mine shaft for coal mine).
  • Advised and represented major utility for several years on various aspects for the implementation of the nuclear energy programme of South Africa, including representing utility in various disputes relating to the implementation of the nuclear energy programme in South Africa and such regulatory approvals required for the project (i.e. environmental objections).
  • Advised major telecommunications multinational on the potential impact of proposed policy/regulatory changes by the South African government which may have an adverse impact on its investment in South Africa, international protection measures available and such the dispute resolution (investment arbitration) process.
  • Advising major mining multi-national on potential impact of the policy/regulatory changes contemplated by the amendments of the Mining Charter on its investment in South Africa, international protection measures available and such dispute resolution processes against the South African government.
  • Advised major telecommunications multinational on the potential impact of the termination of bilateral investment treaties by the South African government, the amendments to the SADC Protocol on Investment and Finance, including preparing several submissions to the Protection of Investment Bill and the Draft Expropriation Bill from a foreign investment perspective.
  • Advised various South African financial service providers for several years on enforceability of various government agreements and/or legality of such underlying public law requirements for the of government (i.e. government/state-owned entities) action/conduct for purpose of considering whether to fund particular transactions/projects.
  • Represented a major platinum producer in a multi-million-rand arbitration relating to, amongst others, the design of the mine, mining method employed by the contractor and the consequential damages.
  • Represented multi-national oil company in arbitrations and litigation in various matters that affect affecting the sale/distribution of its petroleum products in South Africa.
  • Represented a multinational company in the Ferroalloys commodities industry listed on the London Stock Exchange with multi-million-rRand arbitrations with South African companies in the Ferroalloys commodities market.
  • Advised investors into the Southern African Development Community on the investment structuring and mitigation of political risk in relation to potential investments.
  • Advised developer of underground coal gasification facility on various legal and commercial matters relating to the project.
  • Advise various investors investment in countries forming part of the Southern African Development Community region whether certain policies and other government measures potentially affects their respect investments in those jurisdictions.
  • Advised a major oil company on particular regulatory matters affecting its operations in Botswana, Namibia, Lesotho and Swaziland.
  • Advised a major multi-national in respect of the international and domestic investment framework of Mozambique, Tanzania, the Democratic Republic of the Congo, Lesotho, Nigeria and Egypt.
  • Member of the team that represented a Namibian company with various disputes with the Namibian Ministry of Mines & Energy relating to its mining licenses.
  • Advised a major multinational on the implications and consequences relating to export duties imposed for unbeneficiated platinum ore not beneficiated in Republic of Zimbabwe in terms of domestic laws supported by its national beneficiation policies.

Education

  • LLB, North West University, Potchefstroom: 2005
  • Admitted as attorney and notary public: 2008
  • LLM in Corporate Law, University of the Witwatersrand: 2012
  • Certificate in Economics for Law, University of the Witwatersrand: 2015
  • Certificate in International Commercial Arbitration, Washington College of Law: 2017
  • Attended and completed the International Investment Treaties and Investor State Arbitration Seminar, International Law Institute: 2017

Memberships

  • Director and Executive Member of the Underground Coal Gasification Association of South Africa
  • Member of the Fossil Fuel Foundation and South African Oil & Gas Alliance
  • Member of the African Arbitration Association
Dispute Resolution between Foreign Investor and Host Government
14 February 2019 Dispute Resolution

Dispute Resolution between Foreign Investor and Host Government

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.

Mitigating Political Risk for Foreign Investment
7 February 2019 Dispute Resolution

Mitigating Political Risk for Foreign Investment

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.

Substantive Right: National Treatment & Most-Favoured-Nation Principle
31 January 2019 Dispute Resolution

Substantive Right: National Treatment & Most-Favoured-Nation Principle

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.

Substantive Rights: Full Protection and Security
24 January 2019 Dispute Resolution

Substantive Rights: Full Protection and Security

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).

What do we mean by a
31 October 2018 Dispute Resolution

What do we mean by a "qualifying investment" in a host state?

Once a party demonstrates that it is a qualifying investor (as discussed in an earlier instalment), under an investment treaty or the foreign investment laws of a host state, the assessment turns to whether the party has a so-called "qualifying investment" in the host state. In this instalment, Jackwell Feris highlights that without an investment being deemed as a "qualifying investment" in a host state, a qualifying investor will not derive any protection for such investment under an investment treaty or under certain instances the foreign investment laws of the host state.

What do we mean by
24 October 2018 Dispute Resolution

What do we mean by "qualifying investor" for investment protection?

In this instalment, Director Jackwell Feris discusses the concept of "qualifying investor" for purpose of deriving protection for an investment made by a national of one contracting state in the territory of another contracting state to an investment treaty or under certain instances the foreign investment laws of a host state.

Investment Protection in Africa
17 October 2018 Dispute Resolution

Investment Protection in Africa

Over the next few weeks, CDH will release a number of inserts on international investment protection from a South African and African perspective. The catalyst for these inserts stems from various seminars and workshops led by CDH Director, Jackwell Feris) over the past few years, focusingon the international framework for protection for investments in Africa.

All Videos