How has the firm developed since its establishment in 1912?

MAD: Geni & Kébé was created in 1912, and developed under the guidance of Pierre Victor Geni, who became the first President of the Bar Association of Senegal in 1960. Over the years, the firm has diversified its service offering and developed its reach both locally and internationally. Our relationship with DLA Piper has also expanded the firm’s scope through an international network of recognized firms in Africa, Western Europe, Eastern Europe, North America and Asia. Within the firm itself we are also very diverse, which has allowed us to broaden our horizons and diversify our clientele.

As a firm, we have a particular strength in the mining industry, but we also have strong expertise in the energy and resources sectors as a whole. For example, we have worked with many of the mining companies in Senegal, but also companies operating in oil & gas and solar energy.

What were the motivations behind the government’s revisions of Senegal’s mining code? 

MAD: The new mining code launched in November 2016 reflects the government’s response to Senegal’s need for advancement. In the past, the government did not see much benefit from the mining sector in terms of local engagement. From an investor standpoint, there have not been any major changes, and the impacts on companies already operating in the country are minimal. The main revisions relate to local content and securing greater benefit for Senegalese nationals.

How attractive is Senegal to investors as a mining country, particularly compared to neighboring countries with more developed sectors?   

MAD: Senegal has a favorable position, not only in terms of its new Mining Code but also because of the country’s stability in finance and politics. There are some modifications to the tax code but these do not impact investments into Senegal. Very few investors are complaining about changes in their financial contracts.

II: Another change to the mining code is the greater consideration towards artisanal miners, who were overlooked in the former Mining Code. We have also worked with the artisanal mining sector, moving them towards mechanization and helping to optimize their operating conditions.

What are the reasons behind the uptick in arbitration cases?

MK: One of the reasons is that more African countries have new mining regulations and taxes.   In many cases, these reforms have impacted existing mining contracts. We are developing more programs in arbitration, and there is a provision under the OHADA system. The OHADA Arbitration Act applies to 17 countries and the Common Court of Justice and Arbitration in Abidjan is seen more and more as the major arbitration center in Africa.

What differentiates Geni & Kébé from other law firms?

MAD: Investors come from all parts of the world and from diverse backgrounds. Since we have employees of varying nationalities and with international law experience in different countries, we can easily bridge the gap for clients entering Africa from abroad. Over the years, we have developed our knowledge in sectors that are of great interest to international investors, such as mining, petroleum and energy. We remain a Senegalese law firm, but now have an extensive network across Africa which enables us to better serve clients across the continent maintaining international standards whilst offering strong local expertise. 

What is the strategy for continued growth in the firm’s reach and client base?

MK: We want the firm to operate internationally and serve the whole of Francophone Africa. Most investors in this region are from common law systems and need to work with law firms that are familiar with these systems. Since most of our lawyers have studied in the United States, the United Kingdom and South Africa, we have a very international dynamic. Our employees are from all over the world and bring additional expertise on the law systems in their own countries, which adds a lot of value – we are able to find synergies with clients of all nationalities.

Our strategy over the coming years is to consolidate into a truly Pan-African law firm, working with partners across the continent that hold the same international standards. Our network allows clients to work with just one firm across their projects in Africa rather than having to work with several.

Our vision is the following: Being at the service of investment in Africa.

  Mohamed Abdallah Dieng, Attorney

 Ismael Itoua, Counsel