Liliane PHOTO
Name: Liliane Mubanga
Firm Name: Thambwe-Mwamba & Associés
Country: Democratic Republic of the Congo
Expertise: Commercial Law


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Professional Biography:

Liliane Mubanga has a Degree in Law, with a specialisation in Private and Judicial Law from the University of Lubumbashi.

Career History:

  • Senior Executive of Thambwe-Mwamba & Associés.
  • Member of the International Criminal Bar.
  • Member of the Bar Council of Kinshasa/Gombe from 2011 to 2015.
  • Lawyer at the Bar of Kinshasa/Gombe (1998 to Present).

Has had training in: OHADA; Hydrocarbons; Public Procurement; and Insurance, among others.

Commercial Law Practice:

Commercial law disputes deal primarily with contract and/or tort laws. It involves issues that arise in the course of running a business at any stage of the commercial cycle.

Such disputes are brought before courts for legal restitution when other methods of resolution, such as arbitration or mediation, have failed to provide a solution acceptable to all interested parties.

Why is commercial law important?

Commerce is at the core of a democratic society and, in order to be strong economically, it must be attractive to businesses.

One way of doing this is to have a strong set of laws and regulations protecting businesses that enter into agreements with others and providing resolutions when things don’t go to plan. Commercial law provides that platform.

Most commercial disputes are heard in Commercial Court or in county business courts when the dispute relates to that particular jurisdiction.

They can also be brought before the Queen’s Bench or Chancery divisions of the High Court, or the Technology & Construction Court (TCC).

Break it down for me a little bit!

A commercial lawyer’s work begins with obtaining necessary instructions and supporting information and documents from the clients. The case is reviewed thoroughly and the important facts and data are picked out.

Lawyers then research case law and former precedents, prepare pleadings and arguments, and attend regular briefing sessions with clients.

They will arrange for settlement where viable, and present motions and arguments before courts if the case proceeds into litigation.

Understanding a client’s needs is an important quality for those involved in commercial law. Other skills and talents required are: negotiation, commercial awareness and time and people management.

Commercial lawyers need to keep up to speed with the current business and commercial climate, changes and amendments in legislation, and regulations in all jurisdictions that are involved.

Commercial lawyers are normally required to have: a top-class degree, experience of participation in extra-curricular activities whilst at school or university, experience in debating, public speaking and moot court trials.

Work experience in a non-legal commercial sector will be an added advantage.

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