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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Articles

Government of the Democratic Republic of the Congo and the United Arab Emirates have signed a JV agreement

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 […]

De-risking the Greenwashing Risk

DE-RISKING THE GREENWASHING RISK. 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.

New and Upcoming Belgian Tax Measures

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 […]

The Impact of the War in Ukraine on Contracts Under Belgian Law

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 […]

The Corporate Sustainability Due Diligence Directive

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 […]

Belgian Transposition of the EU Directive on Working Conditions…

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 […]

How to Succesfully Navigate the EC Purchaser Approval Process

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 […]

The Irish Data Protection Commission's new draft decision prohibits Meta from transferring personal data from Europe to the United States.

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. […]

Recent Developments Regarding the Belgian “Labour Deal”

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 […]

Avoiding Competition Pitfalls in Creating and Operating JVS

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 […]

How to Succesfully Navigate the EC Purchaser Approval Process

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 […]

The impact of the war in Ukraine on contracts under Belgian law

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 […]

Showing Advertisement in an Inbox is Deemed “Spam”

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 […]

How to Successfully Navigate the EC Purchaser Approval Process

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 […]

Press Releases

European Women on Boards Directive and Implications for Belgium

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. […]

01 Feb 2023
Damien Verhoeven Recognised as Energy Lawyer of the Year, 2022

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 […]

02 Dec 2022
Assisted COHABS in its Eur 100M Financing Round

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 […]

02 Dec 2022
Liedekerke Great Lakes assisted Chancen International in its first close of their $21M Future of Work Fund (FWF)

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 […]

08 Nov 2022
Liedekerke successfully assisted Belfius Bank in its acquisition of a majority participation in CenEnergy NV

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 […]

31 Oct 2022
Liedekerke Great Lakes assisted Chancen International in its first cmose of their $21M Future of Work Fund (FWF)

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 […]

03 Oct 2022
Liedekerke: Profound Sadness at the Passing of Jacques de Liedekerke

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 […]

30 Aug 2022
Contracts Under the New Civil Code in a World in Crisis

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 […]

30 May 2022
Liedekerke successfully represented the Republic of Poland before the Belgian Courts…

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 […]

05 Apr 2022
Liedekerke promotes Senior Associates Céline Tallier and Thomas Vanthournout to Counsel

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

08 Feb 2022

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