Disputes
Werksmans Attorneys successfully represented a Danish investor in a high-stakes international arbitration involving a multi-million dollar claim against an East African State. The confidential proceedings took place before the Permanent Court of Arbitration ("the PCA") at the Peace Palace in The Hague.
The dispute originated in the 1970s and centred on the expropriation of the investor's substantial agricultural assets, including two large farms and associated machinery. Despite extensive litigation in the local east African courts, the matter remained unresolved for decades.
Werksmans advised the investor on his rights under international law, particularly in relation to the state's breaches of the Bilateral Investment Treaty ("BIT") between Denmark and the East African State. This strategic legal advice led to the escalation of the dispute to the international arena.
The arbitration hearing took place before the PCA in April 2024 where arguments and final submissions were made by both parties. The investor's strong legal position established at the hearing prompted the East African State to approach Werksmans to negotiate a resolution. A comprehensive settlement agreement was concluded in April 2025, bringing a long-standing and complex dispute to a favourable close for the investor. This is a significant achievement given the dispute's historical and geopolitical complexity.
Werksmans' legal team was led by Roger Wakefield, a Director in the Disputes practice area, together with Daniela Pisanti (Director) and Abena Osei (Senior Associate).
This case highlights Werksmans' strength in cross-border disputes, international arbitration, and negotiation with a government, and underscores the team's ability to deliver world-class outcomes in matters of international investment protection which are traditionally dealt with by firms in London and Washington. Werksmans demonstrated its unique knowledge of Africa and African-related disputes and the appropriateness of using African firms.