LEGAL ADVISORY

KLF has advised its clients in relation to high profile legal matters all over the world. Our latest and most important credentials demonstrate a wide scale of capabilities. Such credentials include, amongst others:

  • In the energy sector, KLF advised lenders as well as sponsors in the financing of major Moroccan power station projects between 2012 and 2014, including the Jorf Lasfar Extension (USD 1.4 billion), the Tarfaya wind power plant project (MAD 4 billion) and the Safi plant (USD 2.6 billion) as well as some key players in the mining sector (values confidential). In 2015 and 2016, KLF advised Green of Africa (Morocco) on the implementation of its projects relating to renewable energy.

  • In the banking and finance sector, KLF advised the Moroccan state investment bank in relation to sovereign bond issuance programs in 2012 (USD 1.5 billion) and in 2014 (EUR 1 billion), and also commercial banks such as BMCE in relation to its bond issuance in 2014 (MAD 1 billion) and Crédit Agricole in the financing of its international projects in 2015 and 2016. KLF also advised the Fonds Hassan II for economic and social development in 2016 and House Invest (Bahrein) in the restructuration of its activity in Morocco.

  • In the area of aircraft financing, KLF advised Royal Air Morocco, the Moroccan airline operator company, in multiple aircraft acquisitions and financing matters (deal values confidential) the company Embraer and the company Boeing in the financing of its dreamliner in 2015/2016 as well as the company Air Arabia (United Arab Emirates) in its financing matters since their start of business in Morocco, including in 2015 and 2016. In addition, KLF also advised Air Canada in 2016 regarding its implementation in Morocco.

  • In the telecommunications sector, KLF advised Vivendi in relation to its disposition of their former stakes in Maroc Telecom (EUR 4 billion) and France Telecom on its acquisition of stakes in Méditelecom (EUR 640 million). In 2015, KLF also advised Orange (France) in its takeover of Meditelecom.

  • In the area of mergers and acquisitions, KLF recently advised the following significant clients in relation to their mergers, acquisitions and joint ventures in Morocco and abroad: Al Sahl Group (Libya); Cerberus (USA); Symphony Telecom (USA); Al Homaizi (Kowait) in relation to its introduction of IKEA in Morocco; Alshaya Group (Kuwait) in relation to its setting up of international franchises in Morocco (such as Starbucks and H&M); North Africa Holding (Kuwait) with regards to its flagship real estate investment (project Assoufid), St. Gobain (France) regarding its joint-venture with a gypsum production entity and Presstalis (France) in the publishing industry. In 2015 and 2016, KLF also advised St Gobain (France) in relation to its projects in the gypsum sector and Platinum Power (Morocco) in relation to the its capital opening operation to AfricInvest.

  • KLF has also recently acted on behalf of top tier international hotel operator companies such as Hilton and Marriott regarding their investments in Morocco and also represented local groups such as Risma which is managing the hotels of Accor in Morocco as well as Atlas Voyages in relation to its partnership with TUI, and other local companies with regards to their joint venture with American investors in the tourism sector. In 2015 and 2016, KLF notably assisted Marriott regarding is implementation in Marrakech and Fès, Risma in the financing of its hotel activity and Taameer (Koweit) in the selling of its hotel units. In 2015 and 2016, KLF provided its assistance in the sale of the Namaskar Palace in Marrakech.

  • In the course of 2013 and 2014, KLF has also acted as local counsel for the International Finance Corporation (IFC, the financial institution of the World Bank). In 2015/2016, KLF as well advised the EBRD (the European Bank for Reconstruction and Development) regarding their various investment projects in Morocco, and in particular, its stake holding in a Moroccan entity.

  • In 2016, KLF advised operators in other industries, like the equipment industry, with the advising provided to TATA Motors and the electronic industry with Philipps, relating to the restructuration of their activities in Morocco.

  • In the consumer goods sector, KLF advised in 2015 a subsidiary of Obegi Group (Lebanon) in its financing deals in Morocco.


ARBITRATION

Regarding arbitration, Pr. Kettani is a member of the Panel of 10 international arbitrators at the International Centre for the Settlement of Investment Disputes (ICSID) in Washington, appointed by the President of the World Bank in 2011 for a period of 6 years.

As such, he is regularly acting as president or member of arbitration tribunals and annulment committees.

He is also a member of the panel of arbitrators of the Dubai International Arbitration Centre (DIAC).

Pr. Kettani has been co-opted member of the Users council of the Singapore International Arbitration Centre (S.IA.C).

His most recent appointments include:

  • ICSID arbitration:

    Bernhard von Pezold and others v. Republic of Zimbabwe (as a member of the annulment Committee) - ongoing

    Poštová banka v. Hellenic Republic (as President of the annulment Committee) - ongoing

    RSM Production Corporation vs. Central African Republic (President of the Arbitration Tribunal)

    Merrapfel vs. Central African Republic (President of the Arbitration Tribunal)

    LUNDIN vs. Republic of Tunisia (President of the Arbitration Tribunal)

    Lahoud vs. Democratic Republic of Congo (President of the Annulment Committee)

    Lemire vs. Ukraine (President of the Annulment Committee)

    Deutsche Bank vs. Sri Lanka (President of the Annulment Committee)

  • DIAC arbitration:

    Dubai Multi Commodities Authority vs. El Ghait Gold (President of the Arbitration Tribunal)

    Ghantout Gulf Contracting vs. Salam International Investment (Sole Arbitrator)

    Ghobash vs. Dubai Marina and Emaar Properties (Sole Arbitrator)

    KLF has represented and is representing on both the claimants’ and the defendants’ in ICC (International Chamber of Commerce) arbitration as well as in ad hoc arbitration.

    KLF is also member of a number of international arbitration bodies such as the LCIA (London Court of International Arbitration) which KLF has joined again in 2013.

    Professor Azzedine Kettani is also co-operating with the Bahrein Chamber for Dispute Resolution (BCDR) as member of the advisory committee.

    Professor Kettani is also a member of the advisory board of the European Center for e-commerce and internet law, a European non-governmental organization based in Vienna, Austria.

    Professor Kettani was recently added as part of the Arbitration Law Experts as leading arbitrator both nationally and internationally.


CONFERENCES AND SEMINARS:

Professor Azzedine Kettani is representing his law firm Kettani Law Firm at various conferences and seminars on a national, as well as on an international level.

On 26 and 27 November 2015, Kettani Law Firm represented by one of its associate, Me Dieynaba Bocoum, Attorney-at-law at the Senegal Bar, provided a presentation entitled “ Réglementation des investissements étrangers et législation du travail au Sénégal” at the seminar organized by LERIA (Laboratoire des Etudes et de Recherches Interdisciplinaires sur l’Afrique) of the African Studies Intitute of University Mohamed V of Rabat regarding the topic: “Le cadre juridique des investissements étrangers en Afrique subsaharienne : cas de l’Afrique Centrale et de l’Afrique de l’Ouest”.

Pr. Kettani participated as general rapporteur to the conference of the European Court of Arbitration in Napoli, on 23 October 2015 regarding the topic “Une Lex Mercatoria Euro Mediterranea de l’Arbitrage”. His report was relating to “Les usages sur la Rive Sud de la méditerranée au-delà de la loi applicable en matière d’arbitrage”.

On July 2, 2015, Pr. Azzedine Kettani animated a debate at the Commercial Chamber of Switzerland relating to the topic “Contrefaçon: Enjeux et Défis pour l’Economie Marocaine”.

In June 2015, Pr. Kettani and Nadia Kettani participated to a debate relating to the Moroccan legal system together with Austrian judges visiting Morocco.

Pr. Kettani participated in April 2015 at the Spanish days of the Association Henri Capitant.

On April 23, 2015, Nadia Kettani, representing Kettani Law Firm, participated in Amsterdam to a seminar entitled “Africa Seminar” about Mergers & Acquisitions in Africa, organized by the premier Dutch Law Firm De Brauw Blackstone Westbroek.

Nadia Kettani, representing Kettani Law Firm, participated on April 6, 2015, to a meeting at the US Embassy of Rabat together with a US Trade delegation regarding the topic of foreign investment in Morocco.

Professor Kettani hosted, as every year, the seminar “la Preuve” on behalf of the Chair of Continental Law of the faculty of law of Casablanca on 13 and 14 January 2015 which was attended by a number of highly recognized French academic experts and practitioners.

On 15 December 2014, he participated at the seminar organized by the special committee of Pr. Gaudemet, commemorating the life and work achievements of Alain Plantey. The presentation was made by Pr. Gaudemet, an enthusiast of Morocco who, for many years, was also a lecturer at the law faculty of Rabat and a member of the Moral and Political Academy of France.

Upon the invitation of the “La Société de Législation comparée” he provided a presentation entitled “la sécurité juridique et la confiance légitime” at the French Council of State in Paris on 21 November 2014.

Professor Kettani was also a speaker at the Seminar of the European Court of Arbitration in Toulouse on 18 October 2014 where the title of his presentation was ” la justice étatique et arbitrage, Aspects Marocains”.

In 2014, Professor Kettani has established, and is currently presiding over, the National representation of the European Court of Arbitration in Morocco.

On 22, 23 and 24 April 2014, Kettani Law Firm participated to the Door knock in Washington, organized by the US Commercial Chamber (AmCham) covering the topic “Morocco the Gateway to 3 Continents : the U.S. Business experience and new investment opportunities”. The main purpose of this event has been to demonstrate the potential of investments and export in Morocco, facilitate networking between AmCham members and defend the interests of American companies.

Earlier that year, Kettani Law Firm participated at the Spanish Days (Barcelona & Madrid) of the Henri Capitant Fellowship of French Legal Culture which took place between 19 and 23 May 2014 and covered the topic of “l’Immatériel”.

On 27 and 28 January 2014, the Chair of Continental Law, presided by Pr. Azzedine Kettani organized lectures at the Faculty of Law of Casablanca regarding the topic “Contrat” where Professeur Michel GRIMALDI and Denis MAZEAUD from the Faculty of Law Paris II respectively, presented on the topics of “L’Imprévision” and “L’Exécution en nature et les Réformes du Code Civil”, Ms. Dominique SAVOURE, the President of the Versailles Notarial Chamber presented on “Consensualisme et formalisme en droit des Contrats’’ and Mr. Mario CELAYA, attorney-at-law of Paris, has covered the topic of “La Résolution Unilatérale”.

On 18 and 19 December 2013, an event presided by Pr. Azzedine Kettani and organized in co-operation with Kettani Law Firm, celebrated the centenary of the Dahir on the Code of Obligations and contracts at the Casablanca Faculty of Law with the participation of a number of French and Moroccan authors, professors and practitioners.

On 31 October 2013, Kettani Law Firm hosted the continuation of the activities of the Moroccan section of the Henri Capitant Fellowship of French Legal Culture, which was established years ago as the Moroccan Association of Henri Capitant Fellowship of French Legal Culture.

A new board has been elected and an action plan has been prepared.

On 25 October 2013, Professor Azzedine Kettani and Nadia Kettani has provided an information session on the Moroccan legal and justice system for a delegation of more than 40 Austrian officials visiting Morocco.

On 24 and 25 October 2013, Professor Azzedine Kettani represented the Academic Council of the “Fondation pour le droit Continental” on the 5th convention of Mediterranean lawyers.

On 9 and 10 September 2013, as member of the Academic Council of the “Fondation pour le droit Continental”, Professor Kettani participated in Paris at the works of the advisory council during which important decisions were taken, including the partnership of the foundation for the centenary of the DOC.

Kettani Law Firm is also a regular contributor to various business law publications such as the World Bank’s annual report on national legislative environments (Doing Business in Morocco) and other specialist publications (Getting the Deal Through – Mergers and Acquisitions, Getting the Deal Through Arbitration), Attracting Business in Morocco.


NETWORKS:

The Firm is a member of the network Meritas, “Law Firms worldwide”, gathering more than 170 independent law firms of similar size, selected in more than 70 countries. The cooperation inside the network is taking place as part of common chart, aiming to insure to the clients the best quality service all over the word, in terms of technicality, deadline compliance and cross border projects coordination.

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