Liedekerke
(The following information was supplied by the firm)
Our team is highly knowledgeable both in domestic and OHADA law and advises in all areas of business law, including Banking & Finance, Corporate and M&A, Mining, Energy, Employment law, IP and data protection.
Our local office works hand in hand with our Brussels office which, in addition to a team dedicated to our DRC practice, can boast of a deep sectorial expertise in areas such as energy, public procurement, transport, real estate, commercial contracts and dispute resolution.
Areas of Expertise
MINING/EXTRACTIVE INDUSTRIES:
Advising the extractive industry in the DRC.
Our practice covers the entire extractive process, from prospecting and extraction to processing and distribution.
Our expertise notably includes:
- Assisting our clients in obtaining research / exploration and exploitation permits,
- Acquiring shares or assets of extractive companies,
- Drafting and negotiating joint venture agreements
- Drafting other types of mining contracts such as transfer and lease agreements.
Through close contact with clients, regulators, geologists and specialized auditors, we have developed in-depth knowledge and a thorough understanding of the legal, industrial and financial framework of the ferrous and non-ferrous metals industries.
BANKING AND FINANCE:
Our experts advise international and national clients in relation to all types of multi-jurisdiction and cross-border financing transactions (including commodity finance, real estate finance, project finance, asset finance and general corporate lending).
Our versatile team acts for both lenders and borrowers and is particularly well-versed in the drafting and negotiation of credit documentation for various purposes and the structuring of security schemes. In addition thereto, thanks to our local presence in the DRC, we are able to swiftly assist our clients with the satisfaction of any local law requirements and completion of conditions precedent and subsequent.
COMMERCIAL, CORPORATE AND M&A
We advise local and international clients in relation to multi-jurisdictional, cross-border transactions in the areas of M&A (including private equity) and corporate (re)structuring and in connection with setting up of operations in the DRC and negotiating joint-venture agreements. We assist them in structuring their investments in Sub-Saharan Africa and the related contracts, especially in the mining, agriculture, energy, real estate, transport and industrial sectors. We also advise our clients on corporate governance.
INTERNATIONAL ARBITRATION AND DISPUTE RESOLUTION
Our International Arbitration and Dispute Resolution practice has extensive experience in DRC-related disputes, representing both private and public companies as well as government entities in ICC and ICSID arbitrations as wells as in multi-jurisdictional proceedings.
EMPLOYMENT
Our services cover legal advice, negotiating, handling complex procedures such as massive dismissals or company closures, and direct communication with regulatory authorities thanks to our local presence in the DRC. We assist local and international clients (from both private and public sectors), multinationals, as well as non-profit organizations, executives and self-employed service providers. We cover all aspects of employment and social security law, including recruitment and individual or collective dismissals, collective actions, transfer of undertaking, compensation and benefits issues, social security and pension plans. In case of litigation before local courts, we can provide assistance in respect of strategy and argumentation and assist you for the selection of a local counsel.
ENERGY
Our team has advised numerous clients in the past years, notably in the hydropower and petroleum industries. Our team’s expertise covers pure regulatory issues, power project development and acquisitions, amongst others.
INSOLVENCY
Our team of insolvency experts have an excellent command of complex creditor (and debtor) legal challenges in the DRC. They assist all stakeholders and handle a wide range of matters such as collective proceedings, debt restructuring and workouts, distressed acquisitions/sales, and, directors’ and officers’ liability cases among others.
IP AND DATA PROTECTION
Our team handles significant matters related to IP law in general, whether it is advisory, litigation or transactional work. We also advise our clients with all types of data protection questions and issues and assist them with their overall compliance with the applicable data protection rules.
PUBLIC LAW
Liedekerke’s public law experts handle all of our clients’ public and administrative law matters; in particular in the field of State or provincial contracts, PPP’s, concessions and other public contracts). In addition we have extensive experience with assisting our clients in the obtention of licenses, authorizations and permits in relation to their business.
Furthermore, we can draw on the expertise from our international network of preferred firms, enabling us to provide effective cross-border assistance whenever necessary.
OUR TEAM
Our dedicated team handles both transactions and litigation, and works seamlessly with the firm’s other practice groups based in Brussels.
OUR CLIENTS
Our clients are primarily states, state owned companies, large multinationals, foreign and local investors and start-ups.
Key Contacts
Firm Rankings
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Leading Lawyers
Articles
THE TRANSPOSITION PERIOD FOR MEMBER STATES BEGINS On 30 March 2023, the proposal for a Directive amending the Unfair Commercial Practices Directive and the Consumer Rights Directive to empower consumers for the green transition through better protection against unfair commercial practices and better information (the “Greenwashing Directive”) was published. The Directive[1] has been formally signed on […]
The Social Affairs Committee of the Belgian Parliament approved a draft bill on 5 February 2024 to grant better protection to employees undergoing fertility treatment. If the draft bill is passed, employers must be aware of the specific protection that will apply to such employees. I. BACKGROUND According to the World Health Organization (WHO), infertility is a disease of […]
Direct marketing continues to grow in importance as a business practice across a wide range of sectors. Such communications do, however, often entail processing of personal data and must therefore comply with applicable data protection rules. Is consent (which can prove cumbersome to rely on in practice) as a legal basis under data protection legislation […]
Direct marketing continues to grow in importance as a business practice across a wide range of sectors. Such communications do, however, often entail processing of personal data and must therefore comply with applicable data protection rules. Is consent (which can prove cumbersome to rely on in practice) as a legal basis under data protection legislation […]
On 22 January 2024, the final text of the AI Act became public (it was published by Luca Bertuzzi of Euractiv on its LinkedIn page). Although not yet formally and finally adopted and published in the Official Journal of the European Union, we understand that this text will not be subject anymore to (extensive) changes. […]
On 5 December 2023, the Court of Justice of the European Union handed down two judgments (C-807/21 Deutsche Wohnen and C-683/21 Nacionalinis[1]) in which it ruled that only a deliberate breach of the General Data Protection Regulation (the “GDPR”) can lead to an administrative fine by a national supervisory authority. The German and Lithuanian courts […]
I. CAN THE AI GENERATED CONTENT BE PROTECTED BY IP RIGHTS AND WHO CAN CLAIM OWNERSHIP? AI systems can generate a variety of works that are, in theory, eligible for protection by IP rights, such as texts (copyright), images (copyright, design rights or trade mark rights), software codes (copyright on computer programs), etc. But who can […]
The Global Arbitration Review has recently published the GAR European Arbitration Review 2024 and our very own Arnaud Nuyts (Partner) and Bruno Hardy (Counsel) of our International Arbitration and Dispute Resolution Practice, authored the Belgian Chapter. Their contribution provides an analysis of the current status of the international arbitration field in Belgium and identifies the […]
A search of premises, a social inspection and a tax dawn raid are measures that have a significant impact on people’s privacy. Furthermore, these measures can also affect the professional environment. Companies and their employees should therefore be prepared for such measures. It is important here to have a certain knowledge of the relevant legal […]
A MAJOR CHANGE IN THE MINING SECTOR IN THE DEMOCRATIC REPUBLIC OF CONGO: THE 22ND OF FEBRUARY 2023 MARKED THE ENTRY INTO FORCE OF A DECREE REGULATING TRANSACTIONS ON THE MINING ASSETS OF DRC STATE-OWNED COMPANIES. The Prime Ministerial Decree no. 23/08 establishing the terms and conditions for the sale of mining assets of the […]
In the summer of 2023, a major development took place in the area of data protection. In addition, other processes are still ongoing or in a preliminary stage in areas like Digital Markets, Digital services and AI. In the September issue of our IP/IT/DATA Newsletter our legal experts dive in to these recent developments Click […]
EUROPEAN PARLIAMENT’S AMENDMENTS TO THE PROPOSAL FOR A DIRECTIVE ON CORPORATE SUSTAINABILITY DUE DILIGENCE The European Parliament adopted crucial amendments to the proposed Directive on Corporate Sustainability Due Diligence, which mandates companies to incorporate human rights and environmental considerations into their governance (i.e. the Directive of the European Parliament and of the Council on Corporate […]
As of 1 January 2024, Belgian leave legislation will undergo two major changes to comply with European Union law and the case law of the Court of Justice of the European Union (CJEU). To fully understand the legislative changes, it should be recalled that: employees are entitled to paid annual leave during a calendar year […]
bill has been adopted governing the introduction of 120 so-called ‘relance’ overtime hours. This flexible overtime regime was already in place between 1 July 2021 and 31 December 2022 and has now been reinstated. (i) General principles governing overtime in Belgium As a general rule, working time legislation in Belgium prohibits employees to exceed the working time […]
In response to the Hakelbracht judgment of 20 June 2019 of the Court of Justice of the European Union (case C-404/18), the Belgian legislator has recently adopted new legislation providing for a system of enhanced protection against adverse action by employers for employees who raise their voices with respect to (potential) issues of discrimination. (i) […]
Closing the gender pay gap has long been on the agenda of the European and national legislators. Despite the right of equal pay between women and men for equal work or work of equal value having been enshrined in Article 157 of the Treaty on the Function of the European Union and in Directive 2006/54/EC […]
Taking into account the predominant position of the internet in our (professional and personal) lives, it is more and more common that EU trade marks are used online without authorisation. Global access to the internet however triggers questions as to the territory in which European Union trade mark rights can be enforced. Read full report […]
On 24 February 2023, the European Data Protection Board (EDPB) published the final version of its Guidelines 07/2022 on certification as a tool for transfers (the Guidelines). The Guidelines complement the Guidelines 1/2018 on certification adopted on 4 June 2019. While the guidelines adopted in 2019 provide general guidance on certification tools, the Guidelines addresses specific requirements from Chapter […]
As from 1 June 2023, the date on which the Agreement on a Unified Patent Court (the “UPC Agreement”) will enter into force, the scope of the “research exemption” under Belgian law will become more limited. Art. XI.34, §1, b) of the Belgian Code of Economic Law (“BCEL”) will no longer exempt “acts done for […]
More and more companies are inclined to promote the sustainability characteristics of their products and services, without always being able to support these claims with evidence. Commonly known as “greenwashing”, this is a form of misinformation that can lead to legal issues. Found in both B2C and B2B contexts, this practice aims at presenting or […]
The Flemish Government has recently enacted a Decree creating an obligation to cover a portion of the roof of certain high energy-consuming buildings with solar panels, accelerating the growth of solar energy (new provisions 6.7.1 – 6.7.10 Energy Decree). Private buildings that consume more than 1 GWh electricity per year will have to cover their rooftop surface with […]
The Government of the Democratic Republic of the Congo and the United Arab Emirates have signed a JV agreement to fight against mining fraud in the artisanal exploitation of 3T minerals, Coltan and gold. Liedekerke assisted in preparing and negotiating a JV agreement, as well as a shareholders agreement between the two parties who by signing commit to clean […]
10 Questions and Answers – Understanding greenwashing is not just about mitigating your liability risks. It is the key challenge in getting ESG right in the years to come. As Liedekerke’s ESG Advisory Team we are happy to share our thoughts on this important topic. To view the full report, please click here.
I. NEWLY ADOPTED BELGIAN TAX MEASURES On 30 November 2022, a new law on various fiscal and financial provisions (Law) was published in the Belgian State Gazette. The Law is part of the Belgian Minister of Finance’s action plan against tax and social fraud and modifies inter alia the investigation, assessment and retention periods in Belgian […]
1. IS THE WAR IN UKRAINE A FORCE MAJEURE EVENT? A contract party does not incur liability if the non-performance of its contractual obligation is caused by an event of “force majeure” 1. Under general contract law (which may be deviated from in a force majeure clause (question 2)), conditions to invoke force majeure are: An extraneous […]
On 23 February 2022, the European Commission published its long-awaited proposal for a Directive on Corporate Sustainability Due Diligence, which is in line with the human rights- and environment-related objectives set out in the European Green Deal and the UN Sustainable Development Goals. The European Commission’s proposal envisages to impose corporate due diligence duties on […]
The Belgian transposition of the EU Directive on transparent and predictable working conditions: next steps for employers The Belgian transposition of the EU Directive on transparent and predictable working conditions: next steps for employers. In Belgium, the transposition of the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union (the Directive) is not yet […]
When a company intends to purchase a divestment business arising from commitments attached to a European Commission (EC) conditional merger clearance decision, it is not always aware that it will need to go through an extensive purchaser approval process, which is a complex, intense and fast- paced process throughout. This short briefing gives an overview […]
On 7 July 2022, the Irish Data Protection Commission (Irish DPC) issued a draft decision to prohibit Facebook owner Meta from transferring personal data from Europe to the United States. That draft decision was issued further to an “own volition” inquiry initiated by the Irish DPC regarding Meta’s transfer of personal data to the U.S. […]
Shortly before Summer, the Belgian government finally reached a final governmental agreement on 17 June 2022, on the so-called “labour deal” that was announced mid-February. This governmental agreement follows the political agreement reached in February, the (undisclosed) pre-draft bill and the subsequent advice of the National Labour Council of 17 May 2022. The much-discussed labour […]
The creation and operating of JVs raises several competition law compliance questions and is a complex process to complete. Businesses can therefore better be well prepared when engaging in such a process. In the following pages, our experts examine the potential risk areas and select 10 key questions to avoid competition pitfalls. 1. Is the […]
The crisis in Ukraine raises many legal questions for Belgian companies. The current shortages and price increases have a significant impact on commercial contracts. Our experts, Olivier Vanden Berghe (Partner), Frank Judo (Partner), Jonas Vansevenant (Associate) and Sven Frankard (Associate) have drafted the main questions in the form of Q&A, in collaboration with the VBO/FEB […]
On 25 November 2021 the Court of Justice of the European Union (“CJEU”) rendered a judgment in which it ruled that showing advertisements in a person’s inbox (however, without sending an e-mail) is deemed unsolicited electronic communication in the sense of article 13, §1 e-Privacy Directive. Consequently, the addressee’s prior consent is required in this […]
Press Releases
The office in Antwerp is the 5th office for the firm globally, after Brussels, London, Kinshasa (DRC) and Kigali (Rwanda). The opening of the Antwerp office underscores the firm’s commitment of being the leading Belgian independent firm with real full-service capabilities and a strong network, both in all Belgian regions and internationally. The launch in […]
Last Tuesday 24 October, we were delighted to welcome in our offices several members of the Belgian press, amongst whom Michel Lauwers from L’Echo, David Adriaen from De Tijd, Philippe Lawson from L-Post and Luc Gochel from La Meuse to present our client’s Energreen fantastic hydroelectric project in the Nord Kivu Province of the Democratic […]
We are delighted to announce today the appointment of partners Alexandre Emond and Etienne Kairis as co-managing partners, effective 1 July 2023. Alexandre Emond and Etienne Kairis succeed Vincent Busschaert, who was appointed Managing Partner in January 2013 and who will return to full-time law practice in the firm’s premier employment group as of 1 […]
Liedekerke is delighted to announce the promotion of Michaël Houbben and Dr. Gabriele Ruscalla to Counsel. Arnaud Nuyts, Head of the International Arbitration and Dispute Resolution Practice, comments: “These appointments reflect both Gabriele and Michaël’s unique legal expertise and outstanding contribution, their continuous commitment to solving our clients’ challenges, and demonstrate the firm’s focus on rewarding world-class dedicated lawyers. Michaël […]
We have some exciting news to share— our very own Frank Judo, was elected Vice-President of the Dutch Speaking Bar Association of Brussels yesterday. We are extremely proud of this election and want to extend our sincere congratulations to Frank for this milestone in his career. Frank has been a loyal and active Partner at the firm […]
We are delighted to announce today the appointment of partners Alexandre Emond and Etienne Kairis as co-managing partners, effective 1 July 2023. Alexandre Emond and Etienne Kairis succeed Vincent Busschaert, who was appointed Managing Partner in January 2013 and who will return to full-time law practice in the firm’s premier employment group as of 1 […]
Liedekerke is proud to have successfully represented the #europeanunion in arbitration-related court proceedings before the Belgian Court of cassation. In its judgment of 24 April 2023, the Court of cassation upheld the lower instance judgment and thereby confirmed that the role of the Tribunal secretary in the international arbitration proceedings had not been improper. This […]
We are very proud to announce the following promotions to Senior Associates: Francesca Biebuyck (IP/IT – Commercial Contracts) Nina Carlier (Competition and European Law) Nicolas Dupont (African Practice), Olivia Szerer (Corporate & M&A) Jonas Van Orshoven (Regulatory). On behalf of the firm and all its members, we thank you for your contribution and efforts in […]
On 12 January 2023, Liedekerke hosted the Women on Board event “European Women on Boards Directive and Implications for Belgium”, which aims to introduce a gender balance target for all qualifying listed companies so that at least 40% of all non-executive director positions or 33% of all director positions are occupied by the underrepresented gender. […]
We are delighted to announce that Damien Verhoeven, Head of our Energy practice, has been recognised as Global “Energy Lawyer of the Year” by Who’s Who Legal at the 2022 WWL Awards. The awards ceremony took place on 16 November 2022 in London, celebrating leading practitioners and experts from around the world. He has previously been honoured as […]
Belgian start-up Cohabs specialises in residential co-living projects for young professionals since 2016. The company offers renovated, high-end and furnished housing units organized in co-living properties. The 50-person company currently has a portfolio of 1,550 rooms spread across five cities (Brussels, Paris, New York, Madrid and Luxembourg) with the majority of its team and assets based in […]
Liedekerke Great Lakes is proud to have assisted CHANCEN International in its first close of their $21M Future of Work Fund (FWF) domiciled at the Kigali International Financial Centre. CHANCEN International is a not-for-profit organisation providing youth in Africa access to quality tertiary education through an ethical, fair, and responsible financing model. This model allows students to focus […]
Liedekerke successfully assisted Belfius Bank in its acquisition of a majority participation in CenEnergy NV, a Belgian company that is active in the development and placing of smart charging solutions. The Liedekerke’s team advising on all legal aspects of the transaction was led by Charline Cogels (Associate), Charlotte Ferron(Associate), and Damien Conem (Partner). Do you […]
It is with profound sadness that we announce the passing of Jacques de Liedekerke, one of the founding partners of our firm It is with profound sadness that we announce the passing of Jacques de Liedekerke, honorary lawyer at the Brussels Bar, former member of the Council of the Order and one of the founding partners […]
Related Lawyer(s) VANDEN BERGHE Olivier DILLEMANS Charlotte VANSEVENANT Jonas HOUBBEN Michaël Full house for our Commercial Contracts seminar with over 100 registrations! On behalf of our speakers, Olivier Vanden Berghe, Michaël Houbben, Jonas Vansevenant, Charlotte Dillemans, and the rest of the team, we would like to thank all who attended the seminar on 26 April […]
Liedekerke represented the Republic of Poland before the Belgian Courts in proceedings for the setting aside (annulment) of an UNCITRAL arbitral award, in proceedings administered by the Permanent Court of Arbitration, in favor of Manchester Securities Corporation (“MSC”), an affiliate of US hedge fund manager Elliott Management, on the basis of an alleged violation of […]
Liedekerke is delighted to announce the promotion of Céline Tallier and Thomas Vanthournout to Counsel, effective from 1 January 2022. Based in the Brussels office, Céline and Thomas are both members of the Corporate and Finance practice and joined the firm respectively in 2018 and 2021. Admitted to the Brussels Bar since 2007… Continue reading