LEGAL CONSULTING

KLF advised its clients regarding high profile legal matters on an international level. 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 related to renewable energy. In 2017, KLF assisted ACWAPOWER in the context of issues related to its sector of activity. In 2018, KLF advised the Moroccan Government on the negotiation of a renewable energy project. In 2018, KLF advised a major renewable energy company in of the group’s restructuring.

  • In the financial and banking sector, KLF advised the merchant bank, a Moroccan government adviser, in the context of a sovereign bond issue in 2012 (USD 1.5 billion) and in 2014 (EUR 1 billion) as well as private banks such as BMCE Bank in connection with its bond issue in 2014 (MAD 1 billion). KLF also assisted in 2013 and 2014 the International Finance Corporation (IFC, financial institution of the World Bank). In 2015/2016 KLF assisted the B.E.R.D (European Bank for Reconstruction and Development) in its investment projects in Morocco and, in particular, its acquisition of a stake in a Moroccan entity. KLF assisted Crédit Agricole in its international financing projects in 2015 and 2016. In 2017, KLF advised Crédit Agricole du Maroc in the framework of the joint venture with the Islamic Bank for the Development of the Private Sector regarding the creation of a participative bank in Morocco. In 2017 KLF also assisted Moroccan banks on the spot in the context of bond issues in Morocco. In 2018, KLF advised WAFACASH as part of its partnership with international operators. In 2018, KLF advised BMCE Bank in the context of financing operations for the implementation of a large-scale project in Morocco. KLF advised in 2018 a participative bank in the first issue of Sukuk in Morocco. In 2017 and 2018, KLF advised several international banks on custody cases.

  • In the aircraft financing sector, 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 they extended their business in Morocco, in  2015 and 2016. In addition, KLF also advised Air Canada in 2016 regarding its implementation in Morocco. In 2017, KLF assisted Waypoint in helicopter financing operations in Morocco. KLF also attended Oman Air in 2018 as part of its establishment in Morocco.
  • In the telecommunications sector, KLF advised Vivendi regarding its disposition of their former stakes in Maroc Telecom (EUR 4 billion) and France Telecom on its acquisition of stakes in Meditelecom (EUR 640 million). In 2015, KLF also advised Orange (France) in its takeover of Meditelecom.
  • In regards to 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 (Kuwait) 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) regarding 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.

    In the consumer advocacy sector, KLF assisted in 2015 and 2016, a subsidiary of the Obegi group (Lebanon) in the context of its investments in Morocco.

  • In 2016, KLF advised operators in other fields such as equipment with the assistance of TATA Motors and electronics with Philips, as part of the restructuring of their activities in Morocco.
  • In 2017, KLF assisted Moneygram on the occasion of its establishment in Morocco and the validation of its contracts with some of its partners.

  • In 2017 and 2018, KLF advised a major aerospace operator as part of its implementation and acquisition of equity interests in companies in Morocco. In 2017, KLF assisted an international group operating in the call center and telecommunications sector as part of a major joint venture. In 2017, KLF advised Green of Africa (Morocco) on intra-group restructuring transactions. In 2017, KLF advised a Moroccan industrial group as part of an international investment project. In 2017, KLF advised an investor operating in the technological field as part of a restructuring operation in Morocco. In 2018, KLF assisted RISMA SA in the merger-absorption of its subsidiary Marrakech Plaza SA. In 2018, KLF accompanied a Moroccan industrialist in the context of a stake in a company listed on the international market. In 2018, KLF also assisted a pharmaceutical company in the sale of 30% of its capital to a local investment fund. In 2018, KLF assisted a major Moroccan investment fund in the acquisition of a stake in a Moroccan group operating in the publishing sector in Morocco.
  • In 2018, KLF advised a French industrial group as part of a stake in a Moroccan company.

  • In the hotels sector, 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 (Kuwait) 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 2017, KLF advised an international hotel operator as part of a stake in a hotel complex in southern Morocco. In 2017, KLF also advised Tour Eole for the construction of an ecological tourist establishment in Dakhla as well as a major international hotel operator as part of its expansion in Morocco. In 2018, KLF provided assistance to a Moroccan hotel operator in the management of its 5-star hotel in Casablanca.

  • In terms of competition law, KLF regularly advises foreign and local operators on competitive issues in Morocco and assisted them in filing advance notifications of their concentration projects with the Moroccan authorities.
  • In institutional advisory services, KLF assisted the Hassan II Fund for Economic and Social Development in 2016 and 2017 as part of its projects.
  • In 2017 and 2018 KLF supported the Moroccan Government in the renegotiation of several delegated service management contracts in different cities of the Kingdom of Morocco.
  • 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 Philips, relating to the restructuration of their activities in Morocco.
  • In the consumer advocacy sector, KLF advised in 2015 a subsidiary of Obegi Group (Lebanon) in its financing deals in Morocco.


LITIGATION

The litigation department has been expanded by the arrival of new lawyers’ associates to answer the growing demand in this field of expertise. New types of litigation have been entrusted to KLF. Discretion, ethics and professional secrecy do not allow disclosing the names of important clients who in 2018 have renewed or granted for the first time their trust to our Firm.


ARBITRATION

In the Arbitration field, Professor Azzedine Kettani is a member of the International Court of Arbitration of the International Chamber of Commerce since July 1, 2018. His main mission is the control of arbitral awards prepared by the arbitrators before they are returned but also the appointment or confirmation of arbitrators.

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 regularly fills the role of president or of 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.I.A.C).

His most recent appointments include: 

  • ICSID arbitration cases:

    The last cases in which Professor Kettani served as President of a Tribunal or an Ad Hoc Annulment Committee are:

    • RSM v. Central African Republic (as President of the Arbitral Tribunal).
    • Meerapfel v. Central African Republic (as President of the Arbitral Tribunal).
    • Lemire v. Ukraine (as a member of the annulment Committee).
    • Lahoud v. Democratic Republic of Congo (as Chairperson of the annulment Committee).
    • LUNDIN v. Republic of Tunisia (as President of the Arbitral Tribunal).
    • Poštová banka v. Hellenic Republic (as Chair of the annulment Committee) - ongoing.
    • Bernhard von Pezold and others v. Republic of Zimbabwe (as a member of the annulment Committee) - ongoing.
    • Deutsche Bank v. Sri Lanka (as a member of the Cancellation Committee).
    • Hochtief C / Argentina.

  • Affiliations:

    • Member of the CIMAC Court of Arbitration.
    • Member of the European Court of Arbitration.
    • Appointed arbitrator or chairman of the Arbitral Tribunal in various ad hoc arbitrations.
    • Member of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
    • In 2018 Prof. Kettani was asked by the Permanent Court of Arbitration in The Hague.

  • 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 once 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.

    Finally, as every year, he fills the role of panelist in the Arbitration Days organized by the International Mediation and Arbitration Center of Casablanca.


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 October 23, 2018, the University Panthéon-Assas, Paris II, the Institute of Comparative Law of Paris and the Association Henri Capitant of the Friends of the French legal culture organized an important ceremony during which Mr. Azzedine Kettani, as Professor of law faculties and lawyer, received the tributes of the community of academics and jurists and on the occasion of which he was given the book "Mélanges" written in his honor by forty teachers and jurists of France , Italy, United States, Canada, Mexico, Panama, Morocco, Tunisia, on the initiative of a committee of professors headed by Professor Michel Grimaldi (Paris II), professor at the Institute of Comparative Law of Paris and member of the association Henri Capitant.

On April 1, 2018, the Hassan II University, Faculty of Legal Economic and Social Sciences of Casablanca celebrated the fiftieth anniversary of the teaching of Pr. Azzedine Kettani.

Every year, he invites professors and practitioners who, for two days, give courses in Business Law to students of the Faculty of Law of Casablanca.

A group of professors and practitioners who have worked with Professor Kettani for several years have, in the light of his exceptional career, developed a book of more than 750 pages in his tribute which was offered to him at a ceremony.

On the 26th and 27th 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 speaker at 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 related 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 related to the topic “Contrefaçon: Enjeux et Défis pour l’Economie Marocaine”.

In June 2015, Pr. Kettani and Me. 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, Me. 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.

Me. 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 law faculty of Casablanca on the 13th and 14th of January 2015 which was attended by a number of highly recognized French academic experts and practitioners.

On December 15, 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 the 22nd 23rd and 24th of April 2014, Kettani Law Firm participated at 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 the 27th and 28th of 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 the 18th and 19th of 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 October 31st, 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 October 25, 2013, Professor Azzedine Kettani and Me. Nadia Kettani have 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 First Law International, gathering more than 80 independent law firms of similar size, and of Nextlaw Global Referral Network LLC. 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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