Linklaters Paris obtains final victory for major mining conglomerate in criminal proceedings in Senegal

Arnaud de La Cotardière and Alexandre Kiabski from our Paris office successfully represented one of the world’s leading mining conglomerates before the Supreme Court of Senegal in the context of criminal proceedings directly initiated by a South-African competitor.

This competitor alleged the commission of various criminal offences by our client’s top managers and Senegalese public officials – bribery, influence peddling and misuse of public funds – in the procurement of a project for the exploration and exploitation of ore deposits in Senegal, and sought the criminal conviction of several of our client’s companies and managers, as well as US$ 500 million in damages for the alleged harmful consequences of the aforementioned offences.

After the Senegalese courts of first instance and of appeals dismissed in their entirety these spurious claims, our client’s competitor appealed the decision of the Court of Appeal of Dakar before the Criminal Section of the Supreme Court of Senegal, while raising additional claims for breach of contract.

After written and oral arguments before a panel of five judges, the Court once again found in favour of our client and rejected in full the plaintiff’s appeal, in a ruling dated 18 April 2019. This decision, which is not subject to any further appeal, marks a final victory for our client, who has prevailed at every stage of the proceedings, both in South Africa and in Senegal.