Women Of Law Special Issue Full

THE LAW11 th Edition WOMEN IN LLAAWWSSPPEECCIAIALLEEDDITITIOIONN2020-2021 IINTERVIEW WITH MONA ZULFICAR FOUNDING PARTNER OF ZULFICAR AND PARTNERS HOW WOMEN IN LAW HAVE PROGRESSED AND THE IMPORTANCE OF PUSHING FORWARD GENDER DIVERSITY IN INTERNATIONAL ARBITRATION BARRIERS ARE MEANT TO BE BROKEN AN ARTICLE ABOUT ENTREPRENEURSHIP MORE THAN 20 FEMALE LAWYERS TAKING A STAND FOR THE LEGAL FIELD

STEFANIE G. ANNA GROZDANOV JACQULINE SAAD MARIETTE RAFIK EFSTATHIOU Associate Attorney Executive Partner Legal director Alternative Dispute at Lexington Law Firm at Shahid Law Firm at Orascom Construction Resolution & IP Lawyer

LAMYAA GADELHAK DONIA MAZGHOUNY CYNTHIA THAXTON ALEXIS PEACKOK Partner at Helmy, Hamza & Partners Managing Partner Attorney Supervising Attorney Member of Baker McKenzie at Mazghouny & Co at Lexington Law Firm at Lexington Law Firm

in association with **** RIGHTS PROTECTORS JUSTICE CONSOLIDATORS JUDICIAL ENRICHMENT **** AWARDS AND RECOGNITION

WWW.THELAW.ME 5 OUR STORY Afifi Law Office founded in 1981 by Mr. Amal Afifi Dawood in Cairo, Egypt. Since then, the firm has developed a reputation of integrity, professionalism, and commitment to delivering the highest quality of broad legal services in the MENA and Global region. The firm’s renowned reputation in the Egyptian legal market has led us to enter an association with Dentons since 1996 and earlier with El Oteifi Law Office. Over the years the firm has achieved a discerned success through providing a broad range of legal services for various reputable international and domestic companies, banks, financial institutions, and governmental entities regarding practicing business in Egypt. Our team has also successfully handled major litigation disputes before the Egyptian Courts, particularly in the fields of Cross Border Commercial Contracts and Transactions, Unfair Competition, Real Estate, Taxes, Aviation, Arbitration, Intellectual Property and challenging administrative decrees. Our mission is to provide our clients with the most efficient and professional services that are tailored to fit their needs and assist them to enhance their business through providing creative legal solutions for the most complex contentious and commercial matters. We harness our knowledge to provide thoughtful advice for the myriad legal and business challenges that our clients face. 6 Salah El Din St. Zamalek 11211 Cairo, Egypt +20 2 2735 4010 +20 2 2735 2462 www.afifioffice.com [email protected] + 20 2 2736 7792

Message from the future MESSAGE FROM THE FOUNDER 2020 - 2030 a new decade for THE LAW Back in 2015, when THE LAW was a fledgling publication, we always believed that 2020 will be the year of THE LAW. We believed that it would be the year that would bring us one step closer to our end goal of being a beacon for all legal practitioners. Ironically, we used to dramatize our journey to 2020 by imaging how hard it will be to ‘navigate the apocalypse’. And here we are. 2020 may be easily dubbed the most challenging year in our collective human memory. Never have our economies, values, and cultures been in such grave danger of collapse. With an ongoing pandemic situation and global hostilities, it was unimaginable that any individual or entity could thrive. Nevertheless, people have never been so resilient and capable of overcoming challenges. For instance, legal-tech, image consultancy, and legal literature markets have become so in-demand. These markets, as the expression goes, were our winning horse to bring our clients and audience together. In just one year, THE LAW was able to expand and diversify its services and products to an unimaginable scale, covering the domestic, regional, and international scene. This expansion was directed towards the aforementioned 2020 step, the step being the creation of the voice of the industry. With such a view on the situation, we, and with confidence, can say that 2020 is the year of THE LAW. However, as we stand proud of our beloved profession and its field, we came to a remarkable conclusion; 2020 was also the year that women’s efforts were rewarded in regards to cementing their status within the legal field, and the world, after a tiresome decade-long fight. With that in mind, THE LAW was inspired by the countless stories of women taking over, and we became confident that we can only pay tribute to these magnificent efforts by dedicating our most important publication of the year to celebrate the efforts exerted by women in the legal field throughout the past 100 years. The future is female, and that is now more evident that ever before. Today, we are all certain that the future is going to be paved by wom- en and men who are finding strength that was long thought to be non-existent. It will be paved by those who believe in equality and in the simple notion that genders do not diminish capabilities. We believe that we can do our fair share by highlighting these truths. We have also dedicated this edition to serve as a reminder to every one of them. Our motives, while altruistic, are directed towards document- ing realistic facts. The truth is, women need a platform to share experi- ences, empower others, and broadcast their achievements. By being the voice of our profession, we too are the platform for women. Yours Truly, Ziad Ali From the Archive: The Law Magazine's first cover in “2015”

EDITORS’ NOTE THE LAW has always dedicated itself to highlight all the different activities in the fields of law. In this edition, we took a distinctive step forward and decided to focus on one of the most important topics, Women in Law. Ever since THE LAW was established, we have been advocating for all human rights, including women’s rights. Honorably, more than 50% of our team members are females. Nevertheless, We are the one and only legal magazine in Egypt to discuss this significant topic. We are very proud to have gathered some of Egypt’s top inspiring female lawyers, who are considered role models to many young ambitious lawyers. We had the pleasure of kickstarting our edition with the great Mona Zulficar, one of Egypt’s finest lawyers with her inspiring interview. In addition to Zulficar, some other Egyptian legal role models were featured; including partners, managing partners, ex- ecutive partners, and legal department heads. Our goal for this magazine is to show- case to the world the effectiveness of all the women in the legal field. To ensure that, we gathered different professionals to address multiple legal topics, as well as general articles about women in the legal world. As lifestyle factors can lead to a big effect on our social success and have a large impact on the skills we develop to keep going forward, we included lifestyle related highlights in this edition. Lifestyle factors are especially relevant because of small daily habits that would lead to a successful manner in managing our time, reaching goals and expanding. This section is starring Egypt’s remarkable entrepreneur, Azza Fahmy. Women are and have always been a pivotal pillar that hold our societies together and add to the ongoing collective movement of progression; we hope this issue can serve as a reminder of this great role and a well deserved thank you.

Ziad Ali Hoda Nafee Yassmin Soliman President Chief Editor Special Edition and CEO Managing Editor Mariam Bahaa Waleed Arafaat Eman Nafee HR Manager Marketing Editor Advisor Miriam Ayad Wefak Al Kabour Maryam Fawzi Marketing Business Proof reader Associate Development Associate Youssef Gouda Nada Nayel Chaden Soliman Fellow Fellow Fellow

Khaled El Khashab Noran AbdelBaki Zeina El Bakry Senior Editor Senior Editor Art Director Nada Nabil Noor El Gohary Mahmoud Hesham Editor Editor Media Production Manager Farida Abdallah Mostafa Al Sayed Farida Mohamed Fellow Fellow Fellow Hana Shokry Clara Mokhtar Hesham Fellow Fellow Mohamed IT Developer

WOMEN IN LAW SPECIAL EDITION

8 US Law Schools: 40 A Short Introduction to Women now Outnumber Convention on the Elimina- Men, but Disparity in Pay and tionof all forms of Discrimina- Promotions Persist tion Against Women 10 3 Female Lawyers Who 42 Gender Diversity in Made History International Arbitration 44 A.D.R Mediation 12 Interview with : 45 How Women in Law Have Mona Zulficar Founding partner Progressed and the Impor- tance of Pushing Forward and chair of the executive committee of Zulficar & Partners Law Firm 16 Interview with : 46 Egyptian Data Protection Lamyaa Gadelhak Partner at Law Overview Helmy, Hamza & Partners Member of Baker McKenzie 19 Interview with : 49 A Brief Guide into Digital Mariette Rafik Legal director at Transformation for Law Firms Orascom Construction 50 Ma'at Goddess of Justicet 21 Interview with : 52 The Powerful Women Under Nevine Aboualam the Egyptian Regime: Equali- Mariam Auda ty & Protection Standards May El Shaarawy Partners at Matouk Bassiouny & Hennawy 24 Interview with : 54 How To Get Away With Law Jacqueline Saad executive partner at Shahid Law Firm 28 57 Barriers are meant to be broken Interview with : 58 Where you Should Go Donia Al Mazghouny Managing 60 Legal Directory Partner at Mazghouny & Co 31 Interview with : Yosr Hamza Director, Legal Council -Middle East at Gartner UK 34 Interview with : 62 News Omnia Gadallah Founder of Her Honor Setting The Bar 38 66 TIMELINE OF IMPORTANT LEGAL EVENTS IN WOMEN HISTORY Interview with : Azza Fahmy Founder of Azza Fahmy 68 LIST OF LEADING EGYPTIAN FEMALE LAWYERS

8 WOMEN IN LAW US LAW SCHOOLS: WOMEN NOW OUTNUMBER MEN, BUT DISPARITY IN PAY AND PROMOTIONS PERSIST Across the globe, there are changes taking place as to what professions are available and accessible for women. With more countries electing women to political offices and historic fights for equal pay and rights, the opportunities available to women are ample compared to those in the past.

WWW.THELAW.ME 9 There is no ALEXIS PEACOCK, ESQ. question that SUPERVISING ATTORNEY the legal profession AT LEXINGTON LAW FIRM has historically been a male-dominated industry. The disparity between men and women, while like- But taking a look at the profile ly not intentional, may be due to women carrying of current law school applicants the majority of the burden in raising a family and and students, there are big changes maintaining a home. Traditionally women have happening. Women are now outnum- been expected to be the homemaker and the real- bering men as law school applicants, and ity of straying away from that role can be difficult in 2016, women surpassed 50% of applicants for many professional women in the modern world. and this trend continues. In 2018, women made The split in career paths between men and women up 52.39% of law students in the United States and may start with an attorney taking maternity leave, are now consistently making up half of all newly as women require some time off during pregnan- licensed attorneys entering the job market. cy and nursing. Women then tend to need more time away from the office to raise and care for their Political and social movements continue to open children. While the balancing act of parenting and doors for women in all aspects of the profession- a successful legal career creates stress for any attor- al world, most importantly by making education ney, the effects are exasperated for women as they more accessible and available. Although U.S. ed- try to maintain their traditional role and succeed ucational institutions cannot discriminate on the in the workplace. This added stress causes many basis of gender in admitting students, obstacles women to decide to not pursue a partner role or have historically been in place that tend to deter opt for less intensive or even part-time legal jobs women from pursuing an education. The emer- in order to spend more time with their children. gence of part-time and night school programs is Women are also faced with a gender bias, where making the goal of obtaining a law degree more equally qualified women may be seen as less favor- attainable for women, specifically for mothers and able candidates for leadership roles because they those with caregiver roles. With flexible school are perceived as less committed to their careers. programs and more school resources available, Today, young female attorneys are seemingly women can now realistically do both by caring for provided an equal opportunity to succeed, but that their children and/or working during the day while alters and decreases as the realities of life arise. studying and taking classes at night, all without neglecting to fulfill their family obligations. This As more women enter the field, U.S. law firms are change is making a law degree an achievable goal starting to alter their mindsets by providing re- not just for women, but also for any other nontra- sources and offering flexible schedules for working ditional student, such as someone who is begin- mothers. Now more than ever, due to the COVID-19 ning their legal career later in life. pandemic, law firms are embracing the world of remote work by allowing attorneys to work from More women entering the legal field leads to home. This is also providing new opportunities for increased chances of high paying salaries, promo- female attorneys who can now simultaneously tions and partnership tracks. However, the uptick practice law and take care of their families, without in women entering the profession is not directly either being negatively impacted or neglected. translating to pay equality and equal opportuni- ties as the number of women in leadership roles The increase of women joining the legal field by remains stagnant. A recent survey of 300 top U.S. applying and enrolling in law school brings opti- law firms found that the number of women in mism and hope to women all over the world. How- partnership roles is still under 20%, while women ever, numbers alone do not show the whole picture are now accounting for 45% of law firm associ- since there are still disparities and changes that ates. Additionally, according to the U.S. Census need to occur for women to have equal opportuni- Bureau, “the median earnings between young ty in the legal profession. women and men lawyers (under age 35) are rel- atively close, at $77,000 and $85,000 annually (a 91 percent ratio). These differences increase with age, so that by mid-career (ages 45 to 54) medi- an earnings for women are $121,000 compared with $156,000 of men (a ratio of 78 percent).\" This means that women are starting in the same positions and pay, but are not advancing in lead- ership and salary at the same rate as their male counterparts.

10 W O M E N I NN LL AA WW CYNTHIA THAXTON ATTORNY AT LEXINGTON LAW So many remarkable women made a profound impact on the develop- ment of the law that it would be impossible to name all of them. Great progress has been made over the past few decades in the participation and inclusion of women in the legal profession, especially in recent years, but many pioneer female lawyers left their marks at a time when female lawyers were uncommon and unpopu- lar. This article discusses three of these women— Ruth Bader Ginsburg, Margaret Thatcher, and Shirin Ebadi—who impacted world history through their dedication and study of the law. FEMALE LAWYERS WHO MADE HISTORY

WWW.THELAW.ME 11 Ruth Bader Ginsburg Ruth Bader Ginsburg was only the second woman to serve on the United States Supreme Court, after Justice Sandra Day O’Connor. She served on the Supreme Court from 1993 until she died in September 2020. Ginsburg attended two top law schools, Harvard Law School and Columbia Law School, and graduated first in her class from Columbia. She is widely known for her work fighting gender discrimination and advocating for women’s rights. Before she became a judge and then a Supreme Court Justice, she argued many cases before the Supreme Court as a lawyer. Ginsburg was appointed as a federal judge in 1980 by President Jimmy Carter, and then she became a Supreme Court Justice in 1993 by appointment of President Bill Clinton. As a Supreme Court Justice, Shirin Ebadi she is known for authoring a number of important opinions. For example, in 1996, she wrote the majority opinion in United States v. Virginia, which held that qualified women could Shirin Ebadi is an Iranian lawyer, former not be denied admission to Virginia Military Institute, judge, and democracy and human rights a public military college. advocate. Ginsburg earned the nickname ‘The Notorious Ebadi studied law at Tehran University and graduated R.B.G.’ (a play on the nickname of rapper in 1969. She became a judge after law school and was the Biggie Smalls, who was called the ‘No- first woman to become President of the Tehran City Court. torious B.I.G.’) because of Ginsburg’s After the Islamic Revolution of 1979, she and other female judges reputation of being such a powerful were removed from their positions. She later became known for force. Ginsburg died on Sep- taking on sensitive cases that challenged government authorities on tember 18, 2020 at the age issues like human rights and freedom of expression. Much of her work of 87 after an illustrious centered around defending and advocating for women and children, and and inspiring career calling for reform. dedicated to the law. Importantly, Ebadi was the first Muslim woman and first Iranian to win the Nobel Peace Prize, which she was awarded in 2003. The selection committee praised her as a “courageous person” who “has never heeded the threat to her own safety.” Along with five other Nobel Laureates, Ebadi created the Nobel Women’s Initiative to promote peace, justice and equality for women. Ebadi left Iran in 2009 and has not returned since. She continues her work promoting human rights and equality for women. Margaret Thatcher Margaret Thatcher was a British lawyer who served as Prime Minister of the United Kingdom (U.K.) from 1979 to 1990. She was the first woman to hold the office of Prime Minister in the U.K. and she held that office for 11 years, longer than any other British politician held office in the 20th century. Thatcher attended Oxford and earned a degree in chemistry. She was a chemist for a short Ginsburg, Thatcher period of time before changing her focus to law and politics. She studied for the bar and Ebadi are three wom- in her spare time and qualified as a barrister, a type of lawyer, in 1954. From there, en who have inspired the world she became active in politics, holding several governmental positions until through their dedication to the law she became Prime Minister in 1979. and their pioneering accomplishments. They pursued the law at times and places She is known for setting policies that strengthened Britain eco- where not many other women were doing the nomically. In fact, the principles she espoused promoting same; nevertheless, they left their marks through free market capitalism became known by the moniker brilliance and persistence. As we reflect today on women ‘Thatcherism’. Thatcher earned the nickname the in the law, let us not forget the countless women who stepped ‘Iron Lady’, a title originally given to her by a out in courage to do the same. Soviet journal in reference to her remarks on the Iron Curtain, but also a de- scription of her strong will and determination. She died in 2013 at the age of 87.

12 W O M E N I N L A W M ZI N T E R V I E W W I T H ona ulficar FOUNDING PARTNER AND CHAIR OF THE EXECUTIVE COMMITTEE OF ZULFICAR & PARTNERS LAW FIRM. INTERVIEWED BY : HODA A. NAFEE

WWW.THELAW.ME 13 In the beginning of your career you worked as a new generations of female lawyers. Now, at Zulficar and Partners, researcher for the parliament after studying polit- we have three female partners, which is 28% of the partners, as well ical science and economics. Can you tell us about as 23 female lawyers, which accounts to one third of the associates your experience in that position, why you decided in the firm. Additionally, one of the primary challenges I faced at the to pursue a legal career, and how you managed to beginning of my legal career was to be recognized and accepted by establish your career? the other male partners in the firm, not just personally, but also pro- fessionally. When I graduated from high school amongst the The best way to address those challenges was to encourage and top students, the Faculty of Economics and Polit- support new generations to join this field, particularly young women, ical Science was considered the best option, and and help them face all the obstacles in their way. I am proud that we only the top 100-150 students could be enrolled ev- have played an important role in promoting and assisting with the ery year. Back then, the idea of being a female and establishment of the first French and English section in the Facul- a practicing lawyer in the field of corporate and ty of Law at Cairo University. This was the model and we were glad banking law was uncommon and the only available many other universities followed. legal career paths for women involved public sector employment, since no women were admitted to Throughout your flourishing career, you have proven that you are one the judiciary at that time. of the top lawyers with a strong knowledge of many legal aspects. After graduation, I was appointed, among a group Could you tell us about the most successful transactions you have of top graduates, by decree as a researcher in our achieved recently? Parliament, where I spent a few months before eventually moving to Alexandria. There, I joined the Our firm worked on many successful transactions during the last few UN Regional Office for the WHO, as an Administra- years. Those include several large acquisitions or sale of banks, such tive Assistant in the Fellowships Department, then as the sale of the retail business of Citibank to CIB, the acquisition of moved to the UNDP in Cairo for one year. During Piraeus Bank by ABK, the sale of Barclays Bank to Attijariwafa Bank my years at the UN, I acquired knowledge and skills as well as the recent merger of UNB with ADCB in the UAE and its that proved to be very useful throughout my pro- implementation in Egypt. Two recent banking acquisitions have also fessional career as a lawyer. Moreover, those years been disclosed in which our firm represented Banque Audi as a seller helped me realize that being a free professional, as in one and ABC Bank as a buyer in the other. opposed to being an employee, was the only career Furthermore, three years ago we worked with the Egyptian Elec- for me. tricity Transmission Company on the negotiations of all transaction Then, I got the opportunity to join the Shalakany agreements for the development of the Benban Solar Project. This Law office as a Research Assistant and Office Man- project was completed in 2019 and developed the largest solar park ager. That is where I discovered my real passion for in Africa and the whole world. It is a green project providing clean en- law. I was helping with legal research and handling ergy, built near Aswan creating thousands of jobs and bringing US$ legal matters, even though I was not a licensed 2.2 billion of FDI into Egypt. It was further financed by international lawyer, and everyone around me reaffirmed my financial institutions including the IFC, EBRD and their respective belief by telling me that I was born to be a lawyer. lenders groups and was recognized as the best project in the world I remembered that my late grandmother used by the World Bank. We also received the Thomson Reuters award for to call me the advocate of the family. I moved on best multilateral project finance transaction in 2017. to enroll in law school for four years, and proudly became a lawyer in 1980. I continued to forgo any You have a reputation of being an advocate for many causes and other offers or potential careers offered to me, matters of human rights and women rights. Notably, you took part whether as a judge or any other senior post, and in drafting law no. 1 of 2000 – the law that grants women the right to stayed on my course to become a leading banking divorce themselves – can you tell us about that law and your role in and finance lawyer. I made use of my studies in its issuance? economics, law and political science and the expe- rience I had gained thus far. Firstly, no woman should be forced to marry or continue her mar- riage with a man against her will. While any man can divorce his wife Could you tell us about the hardships and obstacles by just stating that she is divorced, a woman must struggle for years that contributed to your success throughout your to obtain a final court judgement for cause in order to free herself career? from a marriage that she can no longer sustain. The right to Khul, the closest to repudiation, was surprisingly granted to women under There were many hardships and obstacles when I Sharia Law, but not under the Egyptian Law. The first time I noticed started to practice in 1980. To begin with, the num- this issue was in a movie that my father produced, I Need a Solution, ber of women lawyers practicing in the field of cor- which showed a woman who went through a long 13-year journey porate and banking law was minimal. So, in order trying to get divorced for incompatibility, without success. Since that for a young woman to prove that she is a qualified day, I started my advocacy to change the law governing custody, ali- lawyer, she needed to work much harder and mony and divorce. When I became a lawyer, I felt like it was my duty demonstrate more dedication and commitment to defend women’s rights. In the 1990s, there was a women’s com- than her male counterparts. It was very challenging mittee affiliated with the National Council for Childhood and Mother- to convince multinational or governmental institu- hood, chaired by Fathy Naguib, a senior judge working on a new law tions that your high skills and the ability to handle on procedures in family law matters. I joined the committee and ad- the work matches the ability of your older and vocated for granting women the right to unilateral divorce through more experienced male counterparts. Also, at the khul. I then launched a campaign to change the standard marriage beginning I was the only woman working as a law- contract and allow women to include binding conditions, including yer in the firm, and later, the only female partner the right to khul and restricting the husband from taking a second for many years. However, I have to admit that these wife. We continued the campaign through the media and with the obstacles and hardships enriched my experience National Council for Women established in 2000. In August 2000, and made me who I am now. This challenging en- we succeeded in issuing law no. 1 for the year 2000 granting women, vironment also pushed me to encourage and build among other benefits, the right to unilaterally terminate their

14 W O M E N I N L A W marriage contract through repudiation (khul) with respect to all the economic, investment and business activities without the need to prove damage or cause. Our in Egypt, by Egyptians, and by regional and multinational investors. campaign continued and succeeded in appointing So, lawyers working with companies or banks must be familiar with the first female judge in 2003, amending the Na- these laws. Being an expert on these laws is definitely a plus as it tionality Law to give Egyptian mothers equal rights provides you with the ability to address all the issues related to the to pass the Egyptian nationality to their children activities of banks and companies as well as their transactions on and in issuing the Family Courts Law shortly after. the stock exchange pursuant to these laws. For example, being an Our 2014 Constitution crystallizes our most recent expert on banking law allows you to handle any financing or other achievements for women’s rights and human transaction for any bank or its customers, whether they are national rights in Egypt. or international clients operating in Egypt. Law is one of the effective instruments to introduce change in the rules governing many as- Through the ages, women struggled to get out of pects of our lives and our livelihood, including the economy, political the traditional frame, how is this visible in the legal activities, human rights, women’s rights, and more. field? And how did the campaign for women as judges that you led in 1990 succeed in changing From a practitioner’s point of view, how did the pandemic affect the this conventional role? legal field? And how did the subsequent economic crisis affect the legal field? The main aim of this campaign was to eliminate discrimination against women under the law and Actually, the pandemic has not only affected the health and safety in practice, to ensure equal opportunity for women of all the people on our planet, but also the whole world’s economy. to qualify and occupy any senior position in the Many important transactions have been postponed until further government, the judiciary or otherwise, without notice, and priorities of investment and expenditure have changed, discrimination. For example, although there was which led to an economic crisis in some countries. Consequently, no legal impediment under the Constitution or since our practice as corporate law firms is closely related to econom- the law, Egyptian women started to fight to be ic activities and the investment climate, we also faced some prob- appointed as judges in the early 1950s, and the lems. However, after the first wave passed, we managed to partially first woman judge was only appointed in 2003. The overcome such problems caused by the outbreak of the pandemic. struggle still continues to appoint women as judg- It is also fair to say that the Egyptian government pursued a balanced es in the State Council. This traditional resistance plan during the pandemic, including providing adequate health care by part of the judiciary prompted me, as a member facilities on one hand and providing support to suffering sectors and of the Constitutional Commission of 50, to include industries, SMEs, and micro projects as well as social aid to workers in an explicit provision in the 2014 Constitution con- the informal sector. The policies adopted by the government and the firming that women have equal rights to be ap- Central Bank succeeded in substantially reducing the negative im- pointed to all judicial and governmental positions, pacts of the pandemic on the vulnerable elements of our society. on the basis of equal opportunity without discrim- Despite all this, Egypt’s economic performance during the first half ination. The same traditional resistance to change of 2020 encouraged all investors to reactivate all the postponed also constitutes a challenge to the effective exer- transactions and we hope that the second wave of Covid-19 will also cise by women of their legal rights to be elected to be efficiently addressed so that it does not have a material negative the parliamentary and local councils. We addressed impact on the health and safety or the economy in Egypt. this issue by providing a quota in the House of Rep- resentatives and the Local Councils for women and In 2009 you won an award by the MIX Global 100 Composite Rank- for the youth in the 2014 Constitution as amended. ing of Microfinance Institutions for the program you initiated in 1996 On the other hand, there were provisions of certain to Micro Finance projects to poor women. This program developed laws, which discriminated against women, such as into one of the largest and most successful Micro Finance programs the nationality law, the tax law, and others. So, we for poor women in Egypt. Can you tell us a bit more about that pro- worked with civil society and the National Council gram? for Women to eliminate these discriminatory pro- visions, and we successfully managed to change Doing volunteer work as the chairperson of the Women’s Health Im- those laws during the first decade of the 21st cen- provement Association in Cairo, one of the oldest non-governmental tury. For example, we managed to change the na- associations in Egypt, I discovered that we will never be able to im- tionality law to grant Egyptian women married to prove the health of any poor families until the women are econom- foreigners the right to give their Egyptian national- ically empowered and able to assert their basic rights. Microfinance ity to their children. We also managed to eliminate is not a charitable activity; it is a financing activity that must be sus- all the discriminatory provisions to women in the tainable and professionally managed. I was therefore prompted to tax law among others, and issued a law to establish establish ‘Al Tadamun Microfinance Foundation’, an NGO specialized specialized family courts with special ADR services in financing micro-projects of poor women. After issuing the Microf- and accelerated procedures to enhance access to inance Law in late 2014, the foundation obtained a license as a Cate- justice. gory A foundation from the Financial Regulatory Authority. You played a key role in drafting new crucial laws \" MY RECIPE FOR SUCCESS including the telecom law, the ultra-hyped 2017 IS TO FOLLOW THE 4 PS; investment law, the banking law and companies PASSION, PATIENCE, and capital market law. What does this role require PERSEVERANCE AND from a lawyer in terms of knowledge of the circum- PARTNERSHIP.\" stances and weighing interests? These laws are of the utmost importance since they have a critical impact on the economy and accordingly the socio-economic rights of Egyp- tians. Such laws constitute the basic framework

WWW.THELAW.ME 15 It has now become one of the leading non-profit In fact, law and art are remarkably related, being a lawyer is not only organizations, providing Microfinance exclusively about studying law, but it requires artistic skills. When you plead the for women with around 200,000 active borrowers, case defending your client in court or in arbitration hearings, you an active portfolio of around EGP 800 million and have to skillfully present the arguments of your client to convince the almost 80 branches all over Egypt’s governorates. judge not only that your claims are valid, but also that it is just and equitable. Whenever you are negotiating a transaction on behalf of You were a member of the board in the Central your client, you have to use your knowledge as well as the art and Bank of Egypt for 8 years, and also played a key role talent of negotiation in order to make a successful deal. in the banking reform in Egypt including the new banking law. Can you tell us more about that expe- How did Zulficar and Partners reach its position as one of the stron- rience? gest law firms in the Egyptian legal market and how did it maintain its place since June 2009? Working for many years in the field of banking en- ables you to enrich yourself with skills and knowl- When we started in 2009, it was with only 7 partners and a small edge, as well as experience in banking practice. group of associates. We had great passion and determination to When you deal with banks on a daily basis, you overcome all the challenges and build a strong name and reputation come across all the types of problems and the is- in the market. Although we established our firm in 2009, we had de- sues they face. These problems sometimes arise cades of history and experience behind the 7 partners when we start- due to the deficiency of laws or regulations, so you ed. All the partners were recognized as the best and most respected have to be prepared to identify the gaps, as well in their respective fields, and some of them internationally as well. as find a solution for these problems based on the Accordingly, we needed to work on the development of knowledge applicable laws and regulations. You are also well and skills of the various teams in the practice groups, which is nat- prepared to advocate for change in such laws, if urally an ongoing process. I must say that our collective dedication necessary, to solve those problems for the banks. and determination contributed to our success. Moreover, our clients That is why I was appointed as a member of the supported us by their confidence and trust in our professional ca- Board of Directors of the Central Bank of Egypt in pabilities, ethics and skills. We started with 7 partners and around 15 2003 for two terms till 2011. The team that was ap- associates, and we currently have 11 partners and 69 associates. After pointed to the CBE board at that time was a dream more than ten years, we are proud to be one of the top well-respect- team composed of great experts in their respective ed and internationally recognized firms in Egypt. fields, led by Farouk El Okdah, the then Governor of the CBE. With one aim in mind, we worked towards How does your firm maintain its relationship with clients in the cor- reforming the banking sector in Egypt. During this porate world? time, we issued a new banking law in 2003 giving the Central Bank independence and vast powers Specialization is key to providing quality services. So, each of our to issue regulations. We amended the law twice partners has one or two legal fields of specialization, and that is why in 2004 and 2005 to address certain obstacles. We each is a recognized expert in their field and relies on his/her other issued many regulations to address many issues partners to provide their expertise in any case or transaction as re- facing banks or their customers in Egypt. We suc- quired. This also enables the partners to pass their knowledge and ceeded to achieve our objectives, and suffice to experience to their teams and help them develop into professionally say that we reduced the number of banks from 69 recognized and well-respected lawyers and potential partners. Tal- banks to 37 stronger and financially stable banks ent, dedication and commitment to professional and ethical values with more efficient management and up-to-date are also key elements in our contribution to our clients as well as in systems. the selection of candidates to join our firm. We regard our clients as This process of reform entailed many transactions, partners and we strive to assist them to win their battles and cases by including mergers and acquisition deals that re- successfully closing their transactions. We are also often their prob- quire new laws and regulations to cope with these lem solvers. This is where talent and innovation, as well as responsive- changes. We also had to impose mandatory merg- ness to the client’s priorities and commitment to professional values ers to re-organize banks in distress. This reform and ethics play an important role in our relationship with our clients. created 37 strong banks that are able to cope with Furthermore, our clients’ appreciation and trust are the most valu- the new challenges and the financial services re- able assets that contribute to our reputation in the market. Availabili- quired for the sustainable development plans of ty at difficult times and responsiveness to your clients’ needs are very Egypt as well as the management of the monetary important in maintaining your relationship with the clients. That's and credit policies of Egypt, both nationally and what we call dedication. internationally. I must say that I am very proud of having served as a member of this team and hav- Closing this magnificent talk, what advice would you give young ing been part of this reform process. women pursuing a career in law? Your father was one of the leading actors in Egypt, My recipe for success is to follow the 4 Ps; Passion, Patience, Perse- how did growing up in an artistic family add to verance and Partnership. These are the 4 keys to success. If you are your career and how are law and art related? passionate about being a lawyer, you have to be patient to acquire the knowledge and skills needed to be a successful lawyer as well I am deeply honored and proud to be a part of as the required practical experience. Our field of practice is complex the Zulficar family. My father, Salah Zulfikar, and with many specializations that require building partnerships and his older brothers, Mahmoud and Ezzeldine Zu- team work to be able to excel and provide legal services at the high- lfikar, contributed extensively to development of est professional levels. the Egyptian movie industry since the 1940s. This definitely affected our upbringing as we lived in an environment of culture and art.

16 W O M E N I N L A W INTERVIEW WITH Lamyaa Gadelhak PARTNER AT HELMY, HAMZA & PARTNERS MEMBER OF BAKER MCKENZIE INTERVIEWED BY : YASSMIN SOLIMAN During your prominent career that exceeds 15 years of experience, you have worked on many transac- tions that covered many sectors and industries. Could you tell us more the cases that you led that inspired you the most and/or the cases that taught you the most? I started my private practice with Baker McKenzie in 2005. Before that, I worked in-house in a gas company for a short period. While I did not stay there for long, I certainly acquired valuable knowledge regarding the energy industry. This has led to me being assigned to energy projects. My first project was in this field. It was a very big and strategic project. What I find most intriguing is the novelty of each project. There is always a challenge, and I like to be intellectually challenged. This does not only demonstrate itself in legal knowledge, it can also take the shape of understanding the industry. A lawyer needs to be commercial in the sense that we understand the business consid- erations of the transactions and take them into account when advising our clients. Thus, I always find the learning experience, which differs from one case to another, very enriching. Add to that the evolution of the markets and the industries. It requires a lot of effort to keep up with the constant and speedy development. This is especially true when it comes to the projects field, which is the area that I am specialized in, together with other financing and banking work. Being a partner of a well-established – if not the biggest – law firm such as Baker McKenzie that has different offices all over the world is a gigantic load to be put on any shoulders, especially in times of crisis. How was Helmy, Hamza and Partners affected as a part of Baker McKenzie during the pandemic? How was the legal field affected from your perspective? Being part of an international law firm has proved to be very advantageous in a sit- uation like the pandemic, as well as in other situations before that, because you always have the support of

WWW.THELAW.ME 17 the bigger and global resources. We serve as one big sometime in the future for the power generation field. But, this is the family, and we have a common interest in managing natural development of the green ideology. This is where I see the the situation in the best way possible for our people. most impact, although there are still different businesses that use The Firm has taken extra measures to understand oil and gas products. Oil and gas should not be looked at as strictly a the impact of the pandemic on our lawyers and staff. power business. It has a larger spectrum. For example, some oil and There are materials available on our internal resources gas products are used as raw material in the petrochemical manu- to help us cope with the mental and moral burden of facturing sector, and these products cannot be replaced by renew- the COVID-19 situation. We have to make sure we are ables. So at the end of the day, it depends on what the end product all well and coping. Whatever affects us here affects is, how it is used, and by whom. It could have an impact, but I don’t our colleagues on the other side of the globe to a see it replacing oil and gas completely. It is worth mentioning that oil certain extent, and vice versa. and gas industry players have also been exploring ways to enhance Likewise, the firm has always encouraged an agile their positioning in the clean energy strategy for some time, such as working environment and has made available the the carbon capture and storage technology, which perhaps brings us programs and tools to enable this. The need to to our next topic. work remotely for extended periods has demon- strated the efficiency of such programs and the You drafted the Egyptian chapter in the ‘Emissions Trading and New availability of help around the clock. Energy’ Global Law Guide, can you tell us more about the process of We also regularly share knowledge and experience. gathering sources, drafting, and writing of the chapter? There is an ongoing discussion among our global and regional practice groups about market trends I drafted the chapter back in 2008, so it has been some time since in the different industries around the world. This this contribution. But it's interesting that you mention it, because allows us to understand how certain businesses although it is an area that has developed quite a bit, it was a very have reacted to the situation and anticipate poten- challenging exercise at the time. Back then, when I started practicing tial future trends. Also, the opportunity to create climate change law, which is mostly a treaty-based law, the efforts to cross-jurisdictional working groups to support develop business were not well-received in the market. There were each other in accommodating the firm and clients' many barriers to business development, the most important of which needs have particularly been appreciated during was knowledge. Talking about the Kyoto Protocol was akin to selling this challenging time. air. I can confidently say, however, that this currently is less and less Being part of a large firm showed us that solidarity the case. There is more awareness and more specialized people in- leads to positive outcomes. It’s not as easy for ev- volved in the field. I've always believed in creating opportunity and eryone, but I can say that it is good being part of a not waiting for it to happen. However, I do not believe that it should larger family that takes decisions and assesses the be at the top of the country's priorities ̶ it is emerging and we will best course of action to deal with such a situation get there eventually because the global movement is going in that together. direction. I think that if I had been doing that research now and not in 2008, I would find more resources, people to talk to, and parties to Given your specialization in Energy, Mining, Infra- engage with, particularly given the significance of the Paris Agree- structure and Environmental law, how do you view ment. The full implementation of the Paris Agreement is ongoing, the world’s relatively rapid shift towards the use of and the prospects are exciting. From what I see in the market, there clean energy instead of oil and gas? And how would is a lot of engagement from policy and business sector perspectives. I that affect law firms that specialize in oil and gas? think it is an area where you would always expect to see progress. What is the key to maintaining client relations from your point of Energy, Mining and Infrastructure is a big field. view? And how does Helmy, Hamza and Partners develop its sense Each one of them has various industries under it, so for maintaining its relation with the clients? I will focus only on Energy for the purposes of an- swering your question. Our office has very high standards for client care, which is nothing Energy covers a range of industries. There is oil and less than our clients expect. Like any other big law firm, we have a gas, renewables, power in general, and there is also code of business conduct and a high level of service quality that we a new wave ̶ hydrogen. This new wave is what I consider in all our dealings with our clients. We care about quality find the most intriguing. I was inspired by a partner and it is at the top of our list as we deal with our clients. It is how we in our Sydney office back in 2008 to explore the want to be positioned when marketing our services. Quality trans- area of climate change, and it was a very interest- lates into many things, among which is being responsive because ing experience that we can explore further in the the client needs you and needs to feel that you are reachable. You next question. need to show the client that you care about their business. At the To answer the second part of your question, I can- end of the day, while our clients are mostly corporates, they are still not say that I read the trend in the same way. I people. You must care for their businesses, their success, and their disagree a bit that renewable energy would replace worries. The trick is understanding what ‘caring’ entails from one cli- oil and gas in absolute terms, perhaps substantially ent to another. One client may require you to be more involved than another. Some need elaborate advice, whereas others need concise \" THERE IS MORE and to-the-point feedback. You, therefore, have to develop the ability TO LEARN AND to read the clients and their needs. MORE TO DO. THERE IS NO LIMIT/ CEILING.

18 W O M E N I N L A W Dedicating our issue to Women of Law and as the and for how long; it’s not like anything in life, it’s not something you’ll number of women in law is on the rise, how do you always be happy doing. There are definitely highs, for example when view the impact of the women's involvement in this starting new and exciting deals. However, there are also lows, when field? Do you see this as a challenge or an advantage it becomes very tiring and you start thinking whether you are doing for females in the daily work activities whilst already the right thing. But when you're able to accomplish your work well, being a part of a law firm? it gives you a sense of achievement. I think this is what I enjoy most about the job. The set of skills you acquire on the job in managing I see it as natural ̶ it should have always been nat- your time and priorities is certainly essential to succeed in our job. ural. Society is male and female, so why should it I don't believe that there is a secret to success, but I think what keeps be challenging for one as opposed to the other? you going is key. For me, it's the creation of a project in a field and The challenge is not in the job, it's in society and participating in it, as well as the creation of opportunities for others. in our minds. And it's not specific to Egypt. You'll You see things happening around you, and it's a good feeling for find this topic of women at work and having the me. But of course, I have a family that I love very much. I don't think opportunity to achieve and succeed to be a global it would have been possible to succeed in anything if it wasn't for issue. Many international law firms are focusing on them. I have a very supportive husband who agrees with me on a diversity in the workplace. I cannot say whether it's certain set of principles in managing our family. Of course, my moth- an advantage or disadvantage. Again, I see that it er, my family and my friends help out. There have been times where should be a natural thing but with quite a belated it was not anticipated that I would be working late in meetings or execution. when I am traveling and they would gladly take care of my kids. So, We take pride that we here at the office have been it’s important to have a support system that believes in what you're conscious of this gender bias issue early on. We doing and shares your principles. But, there is no such thing as a con- are quite equal when it comes to the ratio of males tinuous work-life balance, so that we are clear and for the readers to to females, even at the partner level. We meet the know what to expect. The balance is not clear cut, in my opinion. You standards in that sense, and we do not take gender have to be content with swinging to either side in a way that doesn't into account when it comes to hiring. Me sitting in make you feel guilty. So, you’re not too guilty that you are traveling front of you here is proof of that. and missing weekends with family nor are you guilty that you are attending to family matters when you need to. It's not a universal bal- Female rights have come a long way in Egypt, yet we ance; it's very subjective. We all have our own concept of balance, and see many issues that still occur. Do you see future what works for someone doesn't necessarily work for another. What's changes in the legal field for females here in Egypt? important is to set your priorities straight so that you can deliver on How do you see this take place and what are the both sides. important aspects that will be affecting this change? Finishing this inspiring interview, what is your future plan as a lawyer, When it comes to the legal field, I think we should as a partner of Baker McKenzie? And what advice would you give to differentiate between the types of legal practice. women involved in this field? The development of new areas of legal practice, such as corporate arbitration, antitrust, banking, In Baker McKenzie, I don't think I've reached a ceiling. I feel like there projects, and M&A has naturally allowed more fe- is a lot more growth potential. By the time I became a partner, THE male integration. In the past, a big part of being a LAW celebrated me in an event, which is also very kind of you. In that lawyer was going to court. There are more special- event, the questions were all in the sense that I've achieved what I izations now, allowing women to consider the dif- wanted. However, it always feels like there is more. There is more to ferent work expectations in each field to suit their learn and more to do. There is no limit or ceiling. And when there is a circumstances without compromising their chanc- ceiling and you are not satisfied, know that you may want to consider es of success. Also, the technology available now a higher ceiling. allows women to accommodate the requirements The advantage of being in Baker McKenzie is that it gives you a feel- of our challenging job in a more flexible manner. ing that the ceiling is very high. After being appointed as a partner, There hasn’t been a lack of opportunities in my I started integrating and assuming more leadership efforts in the opinion. Perhaps, other factors do not enable wom- firm. I was appointed on the regional banking and finance steering en to grow as much as their male counterparts in committee and on the global project finance steering committee. I the sector. But, it is a difficult profession; the num- am also engaged with the firm's Africa initiative steering committee ber of hours we put into the work is significant. I efforts. These are all interesting mandates that make you grow be- think more development in the litigation side is yond your borders. needed. I'm not saying there are no females, be- My advice for other women is that your ceiling is as high as you let it cause that would be ignorance of our great history, be. Mentally, there is no ceiling. And this is something that I had especially in Egypt, but there is certainly room for actually discussed in the event during my talk with the audience, much more progress and integration. which was mainly composed of fresh graduates and law students. A lot of the questions I got were about people wondering what to do. Can you tell us your secret to success? And how do Well, do whatever you want to do. Don't assume that there is a ceiling you manage to multitask between being one of the unless you hit it. Don't think that you cannot do something without most successful females and leading lawyers and trying. There was a general perception that being a partner in a law between being a full-time mother at the same time? firm like the one I am in is not a woman’s job. I told them that I hope I prove them wrong, and that there are many prominent female law- It’s very flattering and humbling to be included yers in all areas of practice. Some of these women are more visible among other prominent females that I am hon- than others. Every day, I meet and work with successful women that I ored to be featured with. admire very much. How do I manage? It is difficult, honestly. And it's important for anyone, not just women. For a man Last but certainly not least, I would like to thank my mentor, Mo- or a woman in any field, especially one like ours hamed Ghannam, for his continuous support of my career through- that requires a lot of time and dedication, out the years, as well as for his friendship through thick and thin. His it is important to set your priorities straight. You faith in me has presented me with so many opportunities, and he will have to decide what you want to do when, how always have a big role in all my achievements.

WWW.THELAW.ME 19 INTERVIEW WITH Mariette Rafik LEGAL DIRECTOR AT ORASCOM CONSTRUCTION INTERVIEWED BY : NORAN ABDELBAKI The construction industry plays an important role in the economic growth of a nation. Based on your experience, what are the criteria of a stable and smooth subcontract process to eliminate any kind of conflicts between the parties? \" LIFE IS A VERY Subcontracting offers numerous benefits to the INTERESTING main contractor, for example, by saving time and JOURNEY, money, as well as offering expertise in their field. SO DO NOT However, you must establish a strong process to MISS OUT ensure a stable and smooth subcontracting ON IT \" process. Almost every large business, including prime contractors, have processes and procedures to evaluate and accept the subcontractors, like reviewing their pre-qualifications and determining selection criteria. In addition, it is important to have an evaluation parameter that includes quality, reliability, professionalism, health and safety. Meeting the approved subcontractor qualifications means you can work with the company. The aforementioned actions are considered the first step in making your list. The second step is drafting a subcontract agreement, in which you have to pay attention to all details that determine a clear scope of work and time of completion. It also entails determining what should happen in the event of a breach of subcontract, in addition to any ambiguity of the subcontract that will cause a misunderstanding and contention between the main contractor and subcontractor.

20 W O M E N I N L A W The legal field is a very tough profession, as it has its own challenges. The key is to understand the bigger picture, so Can you please share with us some of the challenges that you have you can advise on law and strategy, and this was faced throughout your career? personally a great challenge. When I was a law student, there were no women in this field as far The legal industry provides its own unique set of challenges as I can recall, which made it more challenging for especially in the first steps of your career. These challenges can me. Nevertheless, it is amazing to see what you either make us or break us. Recently, the legal profession has worked for on-ground especially in mega projects. witnessed significant change with a rapid increase in the number of women among its membership. I joined my company when I was Other than being responsible for your team, what a fresh graduate and I was one of the first lawyers on board. In my has been your management approach in order to first two years I tried to prove myself as a woman in a rare field at the maintain an effective and stable work environment time, construction. My managers during that period gave me all the for the rest of the team members? support and trust I needed to succeed. My second challenge after my first two years was to create a team, train them and to learn how to A healthy workplace environment improves be a manager alongside them. productivity and I do believe in a happy workplace. First of all, you have to understand your team very Some of the FIDIC clauses and conditions incorporate certain well because every one of us has a different common-law concepts that are not compatible with the Egyptian response; some respond well to setting goals, legal framework and the civil law principles in general. Do you think while others respond to words of appreciation. that the Egyptian laws need to be developed to be consistent with As for my team, I am always close to them; we the international standards of FIDIC contracts? communicate honestly, trust is built on honest communication and personal relationships. This is FIDIC has demonstrated a level of flexibility, arguably beyond any the reason why I am keen on being supportive and other form of contract across the Middle East, and it is easy to working closely with my team and trusting them. negotiate. FIDIC forms have been in use in the Middle East since the Besides, I believe in the importance of 80s. In 1987, FIDIC conditions were adopted and modified to some teaching and training them well so that one day extent by the public sectors in countries like Saudi Arabia and they can turn out to be great managers. Dele- Kuwait. Furthermore, the World Bank has adopted the FIDIC gation is one of the key elements to a successful contract when they entered into contracts with Arab governments. team. As a manager to a team, I always ask them In Egypt, despite the lack of a standard form, the FIDIC conditions for their feedback and take it into consideration, are applied in the most important construction and industrial and if it is a good idea, we act on it and they take projects that are carried out by public-works contracts. The majority the credit for it, making them feel genuinely of the constructors nowadays in the Egyptian market demand to appreciated. apply the FIDIC contract as it is more flexible and useful than the standard contract and the application of Egyptian law is mandatory Women are known for being multitaskers. for all FIDIC contracts performed in Egypt. As a mother and a wife, how have you stayed so However, this position has dramatically improved in the fourth active with your career, being responsible for your edition of the FIDIC conditions. Further efforts have been own family and having a dynamic role in the legal implemented, such as the internationalisation of certain concepts industry? and translation into the Arabic language, which is very effective. As a legal director in Orascom Construction, can you tell us more I think it begins with how you have been raised, I about the approach that the company has been adopting recently to have been raised in a working family, with a very enhance its productivity? supportive father who was constantly supporting my mother to reach her goals until she became Enhancing productivity is essential for the success of any company, the Director of the Coptic Museum in Egypt and and it all starts with the employee engagement. Counsel of the Minister of Antiquities. This kind of Disengaged employees drag the company down, but engaged ones upbringing taught me how to choose the right ensure more productivity. There are a lot of approaches adopted. partner. Thankfully, my husband is very supportive For instance, improving workplace conditions and training are and he genuinely believes in my passion for work. crucial parts of ensuring productivity. Managers need to listen to Moreover, I work hard on time management and I their employees across the company, believing in a one-team try my best to achieve a healthy work-life balance. concept and communication is one of the most important keys to productivity. It is safe to say that a company with clear What is the message that you wish to give young communication about expectations and responsibilities will be female practitioners? rewarded with an engaged and productive workforce. Believe in yourself and your dreams. Set a clear What was the reason behind your decision to work as an in-house target to achieve your dreams and if you fail, try lawyer? your best to get up fast, take another road and adapt new ways until you reach your goal. Going Working as an in-house lawyer is not just about drafting perfect forward, you then move on to another goal. Life is contracts, but it has to do with how you put the whole show together a very interesting journey, so do not miss out on from drafting to negotiating to closing the deal, and how efficient it, and always remember that only the strongest you were in all the steps of the process to ensure that the company’s women become lawyers. interest is achieved. Thus, you must know the business nature and understand the way it works, which includes its culture and processes.

WWW.THELAW.ME 21 INTERVIEW WITH Nevine Aboualam PARTNER AT MATOUK BASSIOUNY & HENNAWY INTERVIEWED BY : THE LAW TEAM \" WHEN ANY GLASS As the first woman at Matouk Bassiouny & CEILING IS SHATTERED, Hennawy to be promoted to partner, in what ways IT PAVES THE WAY FOR have you seen the firm evolve since you joined, OTHERS TO FOLLOW \" and do you see a before and an after in how the firm operates since you were promoted? This edition focuses on women in law. What activities have you participated in to promote women in our field and what obstacles When any glass ceiling is shattered, it paves the might women face from your point of view? way for others to follow. I like to believe that seeing a woman as partner has encouraged other female When I first started my career as a junior associate 15 years ago, there lawyers to excel in their work and push themselves were very few female partners in law firms, let alone female lawyers harder to make partner one day. in senior positions. I found myself attending meetings with promi- nent businessmen, counter party lawyers and financial advisors, in I must also say, Matouk Bassiouny & Hennawy has which I was the only female in the room. Instead of intimidating me, been very supportive since the day I joined, back the experience motivated me. I resolved to always opt to hire, mentor in 2014, and always encouraged me to reach this and encourage females in the profession to guide them towards milestone, especially in tough times. It has been fulfilling their dream and achieving their full potential. I am also and will always be the firm’s policy not to quite active in platforms that support female lawyers and receive a discriminate. To the contrary, the firm is eager lot of queries from younger female lawyers asking for career advice. to hire and support female lawyers to achieve a balanced gender ratio within our firm. While In my opinion, the biggest hurdle for women in the field is stereotyp- only hard work matters to get lawyers promoted, ing, especially when dealing with the public sector. Unfortunately, regardless of gender, the firm has done a fantastic highly qualified female lawyers still must work harder to prove them- job of recognizing the extra hurdles females face selves in a male-dominant field. I think this is beginning to change in this field and supporting them through them. and I am hopeful that in the years to come this will no longer be the case. I think my promotion to partner strengthened the firm’s policy and helped to ingrain the concept The legal career is constantly evolving, especially after the global of equality and non-gender-bias within the firm’s pandemic. How did this affect your work activities at Matouk Bas- culture. siouny & Hennawy and how did you manage to cope and surpass challenges presented by the pandemic? How do you view women’s involvement in the legal field today and have you thought of partici- I believe our firm was very successful in navigating the challenges pating in any activities related to women’s rights? the pandemic presented. The firm adapted quickly to the new reality of a COVID-19 world and came up with creative solutions to prioritize While the market currently maintains a relatively the health and safety of our people while ensuring our work was not balanced ratio between female and male lawyers impacted. For example, our IT team worked tirelessly to support our in junior and mid-level positions, there are still lawyers working from home, and we had support teams in place fewer females in senior positions, and very few dedicated solely to resolving any issues that remote working posed. female partners in top tier law firms. But I think the gap is decreasing each year, and Personally, I successfully managed to close two M&A transactions I am optimistic that we will see more of a balance during the lock-down. It was a new kind of challenge to oversee in the years to come. every aspect of a transaction entirely online. I work hard to support women in our field professionally. I am proud to have been able to mentor many female lawyers throughout my career, who are now in very senior positions, not only in law firms but also as in-house counsels and in the judicial field.

22 W O M E N I N L A W INTERVIEW WITH Mariam Auda PARTNER AT MATOUK BASSIOUNY & HENNAWY INTERVIEWED BY : THE LAW TEAM This edition focuses on women in law. What activities have you \" ..CALLING FOR THE participated in to promote women in our field and what obstacles DEVELOPMENT AND might women face from your point of view? NURTURING OF QUICK THINKERS \" Our office has recently launched a policy for Diversity and Inclusion. We see from your profile that you were recently Among the first things we have looked at is the position of women appointed as the head of the Diversity and Inclu- in our firm, not only in terms of numbers, but more importantly from sion program. Could you tell us more about the a qualitative perspective. We focus on, among other things, whether program and your role in it? women have equal access to opportunities, chances to advance their careers and reach senior and leadership positions, and whether mar- As I said earlier, concerns related to women in ried women are well-accommodated to balance their work responsi- this field and the workplace make it imperative bilities with their family and childcare obligations. to create an inclusive and welcoming environ- ment. There are plenty of measures that we all, as As for the obstacles, we must remember that the legal field is male employers and employees, can take to continue dominated. It also happens to be a demanding and stressful domain to support women to perform their jobs well and characterized by deadlines and urgency of matters and decisions. excel in their careerst. Diversity and inclusion how- Discriminatory perspectives often claim that women are not fit for ever are not limited to women. There are also other this kind of work and cannot deal with the demands of the profes- important aspects related to ethnicity, sexuality, sion, especially if they are married and have families. The irony, religion, socio-economic background, age, etc. A however, is that the number of women in law firms is increasing diverse and inclusive workplace should not only and we have to find ways to not just facilitate, but encourage their accommodate differences, but also celebrate them enthusiasm, passion and skill for the profession. In our firm, nearly and see them as sources of power and strength. half, if not more, are women. They are brilliant and their performance It is our responsibility as committed organizations is of high caliber. The firm’s diversity and inclusion program aims to and employees to ensure that our organizations continue supporting them in advancing in their careers and make respect and support all their employees across all sure the work environment is inclusive. axes of diversity. In particular, the meritocratic ap- proach to advancement and promotions which our The legal career is constantly evolving, especially after the global firm adopts is in perfect harmony with the princi- pandemic. How did this affect your work activities at Matouk ple of diversity and inclusivity. Bassiouny & Hennawy and how did you manage to cope and surpass challenges presented by the pandemic? Concluding this interview, could you please tell us what you think are the most important skills for COVID-19 has severely impacted all work domains on different levels, young lawyers to acquire in order to excel in their including the legal profession. In some organizations, because of career? the economic downturn, there has been downsizing; a lot of peo- ple have been laid off, in addition to many other measures affecting I believe that the most important skills and employees. In our office, we also had to adjust to the slowdown and qualities in the new generation of lawyers are reorganize and restructure the way we worked, including for exam- discipline, time-management, integrity, commit- ple, avoiding face-to-face meetings which is an important aspect of ment, common sense and well-roundedness. our work. Instead, we relied on digital communication. For a while we A problem-solving attitude is also important to also opted to work from home to minimize the risk of spreading the possess. Additionally, the rapidly evolving techno- virus. While it all seemed a bit strange in the beginning, we quickly logical world is changing today’s legal landscape, adapted. In fact, it turned out to be quite beneficial and productive. calling for the development and nurturing of quick We are still conducting many of our meetings online. thinkers, curious-minds and ambitious lawyers. Also, surprisingly some people were more productive at home.

WWW.THELAW.ME 23 INTERVIEW WITH May El Shaarawy PARTNER AT MATOUK BASSIOUNY & HENNAWY INTERVIEWED BY : THE LAW TEAM \" TIME MANAGEMENT BECAME THE NAME OF THE GAME \" This edition focuses on women in law. What activities have you Despite this, I am very proud to have successfully participated in to promote women in our field and what obstacles closed a major transaction during the height of the might women face from your point of view? pandemic. We represented Gulf Capital in the sale of its diagnostics network MetaMed to Ray Lab. It In 2012, I was nominated to participate in a program offered by the was extremely gratifying on two levels: first that our US Embassy called the International Visitors Leadership Program. The team was able to pull it off during one of the worst program’s theme was promoting gender justice in new democracies, global crises in recent history, and second that we in which invitees from all around the world were invited to the US for were involved in a healthcare transaction during a three weeks. This experience was eye opening as I learned about the health crisis. struggles women faced in other countries and how their persistence and determination helped them achieve at least a big part of their One must develop and improve at a rapid rate in gender-equality goals. I also learned that even in big democracies, the legal field given the constantly evolving land- women continue to face challenges like wage discrimination and scape. What do you do to stay ahead of the game? their right to paid maternity leave. There is still much to work on in the area of gender justice, and the road ahead is a long one, but with For me, education is key. I have always prioritized determination and persistence, I believe we can see some meaning- my education. Right after I earned my LLB from ful positive change soon. Cairo University, I continued on to study criminal law. I then earned my LLM from Indiana University Later on in my career, however, I also learned that studying the Robert H. McKinney School of Law in Internation- challenges surrounding gender equality was only one piece of the al Comparative Law. Later, I completed an LLM at larger puzzle. Today I am the proud mother of a six-year-old son. Harvard Law School in Corporations and Securities Though, juggling motherhood with my legal career, in which I was Regulations. Today, I work as a Teaching recently promoted to Partner, is no task for the weak. Assistant at Cairo University’s School of Law, which Women all over the world, especially mothers, struggle to balance is a demanding role, but worth it as it keeps me on careers with family life. While there are ways to help alleviate the my toes. issue practically, discrimination against working mothers is a very real thing. One hears stories of mothers having to choose between We noticed that you were ranked by IFLR as a their ambitious careers and having children. I am very lucky that at rising star quite early in your career, a significant Matouk Bassiouny & Hennawy, our people are extremely supportive achievement. Could you give us a bit of of working mothers and have implemented policies to ease the chal- background on what led to the recognition lenges that we face. and how it has impacted your career? The legal career is constantly evolving, especially after the global I was first ranked by IFLR as a rising star in 2017 pandemic. How did this affect your work activities at Matouk Bas- when I was a counsel with my old firm, Ibrachy & siouny & Hennawy and how did you manage to cope and surpass Partners. At the time I was working on major challenges presented by the pandemic? transactions with key clients such as Actis, Flat 6 Labs, Bloomberg and others. Since then I have This past year has been an extremely stressful and emotionally continued to be recognized by IFLR throughout draining time for people all over the world. my time at Matouk Bassiouny & Hennawy, where For me, time management became the name of the game. Being a I work with major clients such as Gulf Capital and working mother is essentially like having two full time jobs. Add on a National Energy Services Reunited Corp. global pandemic, and it is like having three full time jobs. I had to be I am extremely gratified to continue to be really self-disciplined in making sure that every minute of my day was recognized by a prestigious publication like IFLR. spent on the right task at the right time.

24 W O M E N I N L A W INTERVIEWED BY : THE LAW TEAM INTERVIEW WITH Jacqueline Saad EXECUTIVE PARTNER AT SHAHID LAW FIRM What was the route you took that even a lifetime target. Alongside led to you becoming a partner my full dedication, I have put at one of the top firms in the my hearty efforts in each region at such a young age? single moment ever since I How did you do it? chose to pursue this tough profession. I also had to Let me start by saying develop a stable level of that I consider the role maturity and extraor- of being a partner to dinary approaches to be a responsibility, not overcome the chal- a trophy. Prior to join- lenges associated ing Shahid Law Firm, with my profession. and at a young age, I was studying and Thinking beyond working simultane- the mainstream and ously; co-running a possessing the right small family busi- tools and skills have ness. Driven by my greatly contributed own ambition and to how I approach inspired by the nu- complex business is- merous challenges I sues and challenges in had to deal with, my a structured and meth- managerial, negotia- odological manner. Sha- tion, and technical skills hid Law Firm has always were progressively being been my second home; I honed. have always learned to be loyal to my career, and I am For me, qualifying for the exec- being rewarded now. utive partner role is the reflection of my long journey of hard work You were recently recognized by Le- and relentless efforts. That was com- gal 500 in the healthcare sector. What plemented by education, experience, advice would you give someone who may and knowledge along with exposure to civil want to pursue a similar path? Also, how do you and common law systems as well as different see the developments of this sector in light of the cultures, while completing my master’s degrees in Cairo global pandemic? and Brussels. Moreover, working closely with the firm’s chairman and founding partner for several years and overseeing the firm’s business It is a great honor to receive such an important functions, qualified me for becoming a partner at such a young age. recognition along with being noted as one of the firm’s outstanding practitioners in the healthcare A long time ago, Shahid Law Firm, being a top firm in the region, set sector. I am privileged to be one of the very few the example of inclusive leadership by having a symbiotic relationship attorneys in Egypt who handles a wide spectrum of with its young members. This initiative boosted my ambition and played pharma multinational clients. the most significant role by encouraging me to develop myself. I was able to master new skills and techniques as well as constantly increase \" NOTHING THAT IS my professional visibility and exposure. In my opinion, this is the ideal WORTH DOING IS environment where any passionate lawyer would flourish and shine, EVER EASY \" and in return, we, the young leaders, are paying it forward by leading the firm into becoming a better business. Being successful in a tough profession like yours requires a lot of ded- ication and hard work. Can you tell us about the obstacles you faced throughout your career that helped you learn the most? Had there not been obstacles, success would have been tasteless. Suc- cess could not be attained without setting a daily target and maybe

WWW.THELAW.ME 25 The big challenge is to understand the dynamics I never crossed paths with someone without utilizing the full expe- and sensitivities of the pharmaceutical business. rience to make a positive impact. This professional career ultimately This sector is unique and requires its counsel to rewarded me when I started mentoring new generations by convey- have a significant knowledge of the industry, ing related experiences, methods, and techniques. I make sure that I stakeholders, and experience in all fields of law. have a daily busy schedule and that no day would pass without hav- Daily support to pharmaceutical companies is cru- ing an objective, even if it is a tiny one. cial and ranges from labor issues to litigation as well as complex M&A transactions. It is visible in our daily lives that males and females in the legal field do not have equal footings. From your point of view, how do you see this Being responsive with good business sense was changing in the future? always an asset. Maintaining the updates with re- gards to the fast-growing changes in regulatory Competition exists in every workplace and every career, so my con- and legal matters in this dynamic sector, along cern was never focused on a gender distinction, but the challenge with maintaining the right contacts at the govern- was to focus on being a reliable, efficient, and competent lawyer. mental level, in addition to providing high quality and efficacious legal advice, all contributed to be- I believe things began to change and there is a global trend towards ing the type of lawyer clients can rely on. gender equality and fighting against discrimination. Of course, in- equality will not end overnight, but this is the golden chance for fe- During this global pandemic, the healthcare sector male lawyers to contribute to this change and have a significant im- faced many challenges and unprecedented evolu- pact on the field. It is an immense opportunity that women should tions. However, pharma multinationals cooperated take advantage of. to work with our government, along with private businesses, to promote better health schemes Many women face an internal conundrum as they grow in their career and innovative initiatives to provide a better life concerning what sacrifices have to be made and whether it will even- for our beloved country and the globe. The sector tually be worth it. How did you balance your life and were there any has greatly progressed, in every direction, whether trade-offs that you had to make? Was it all worth it? in terms of efforts exerted, laws promulgated, or entities established, to pull together all available It is not easy having a full-time job while juggling your responsibili- resources and instruments, both legal and govern- ties of being a good wife and mother. But nothing that is worth do- mental, to find ways to deal with this global health ing is ever easy, otherwise it would have already been done, right? crisis. Organization and time management are keys to achieve the per- I can tell that you branched out your experience to fect balance. This contributed to my success, while also allowing include many areas like aviation, insurance, banking, me to be available in my daughter’s life, and at the same time, have employment, and TMT. What benefits do you see in some quality time for myself. I was surrounded by family and friends multi-specialization? extending a helping hand at home and at work, which mitigated stresses and tough times. What was not easy at all was to start every Multi-specialization has been very beneficial since day in my life as a completely new page, but in the end, it was all the beginning of my career. Exploring different worth it. areas of law has diversified my legal expertise in many ways. Having such exposure and experience Every successful person has a reason behind their success. What is the enhances my knowledge and ensures my compe- reason behind yours and who are you grateful to in this journey? tency when dealing with complex transactions and embracing different areas of law. To discover yourself at such a young age, your life immediately is filled with dreams and hopes. God granted me many opportunities In order to become a successful female lawyer, what that helped me discover myself, for which I am grateful. During this challenges did you face in your professional career long journey, I had some of my dreams coming true and some- as a woman? times even more. I am grateful to my dad for starting my journey at a young age. My ultimate hope is for my late dad to be proud while Law is a male-dominated field, which creates a lot watching my everyday success. I always felt grateful and proud to see of pressure for aspiring female lawyers, holding my daughter, big girl, and friend, steadily growing in front of me and them back from pursuing this career. One can rising like a shining star. This was a unique success in parallel to that say that the standards set for women could be of my dream of reaching the height of this career, which kept me full higher than those for men. Once, a banker asked of pride. I am forever grateful to our Chairman for his lifetime support me what I am doing in such a male-dominated and relentless encouragement. competitive field, my reply was that I have never thought of my career that way, and I strongly be- What advice would you give your younger self and all the other young lieve that my efforts and diligence will be recog- ambitious women out there? nized, regardless of my gender. I have not only been dedicated and passionate since I decided to The main obstacle I faced as a woman when I pur- pursue this dynamic career, but also eager and enthusiastic. Thus, to sued this professional career was how to maintain my younger self, I say that pursuing a law career was a difficult path, an active personal life and my social participation per se, that had required a lot of dedication and relentless hard work. in a positive manner. Not all days are entirely good, but there is at least some good each day. To all the aspiring young women out there, stay truly passionate about what you are doing and embrace the fact that without chal- lenges, there would be no room to grow and shine.

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28 W O M E N I N L A W INTERVIEW WITH Donia Al Mazghouny MANAGING PARTNER AT MAZGHOUNY & CO INTERVIEWED BY : EMAN A. NAFEE You have been one of Shahid Law Firm’s members for over 12 years, then you took a step forward, establishing your own law firm. What encouraged you to take this step, how did you plan for it and what obstacles did you face? I started at Shahid Law Firm as an associate, then I became senior asso- ciate and I was eventually promoted to partner where I was responsible for the Energy department. Later on, I started thinking about the work I had been doing related to the Energy depart- ment and the flow of the work. During these years, I came to the conclusion that the structure of this work is different from other legal work the firm has been doing. This type of work has its own nature and its own rules. So, I finally decided that this legal major should have its own rigid structure firm that focuses on all related projects and work. I introduced an agreement to the firm and we proudly reached an agreement that I will be doing this.

WWW.THELAW.ME 29 You were recently recognized by Legal 500 for your performance in Additionally, confidence is crucial as well due to Energy Law. Can you tell us about the challenging projects that you the nature of this profession. Since you are mostly took on as well as the projects that inspired you the most? advising or so, you have to be confident about what you are saying and about yourself in order to I believe that one of the projects that was a bit challenging was come across as someone who inspires confidence related to solar energy. It was financed by 32 huge projects in your client. A lack of confidence can be very bad companies. Most of them were multinational solar developers as well if you want to be a successful lawyer. as other strong Egyptian developing companies. It was done for the Egyptian Electricity Transmission Company as the main offtaker of As for clients, it is a bit difficult to give you an the project. The Egyptian Electricity Transmission Company would exact answer because there are different situations. buy all the generated electricity coming from this site. It was a really You either start getting acquainted with clients huge project that contained strong multinational companies and because the firm represents them, thus getting to the governmental authorities. We were responsible for helping and know them and to keep them. Or, if you manage advising the developers for building the entire infrastructure for this to go to an event where you meet people and project. The cost of the infrastructure work was huge as it exceeded companies, you have to introduce yourself, ask the previously determined foreseen amount. A dispute arose due to questions in conferences, be generally interested the high budget where the institutions involved came to question in people, try to understand what they do and whether we should continue the contract or stop. Also, whether the how you can help them. Building your network is cap mentioned in the contract should continue to apply or not. We more important than trying to seek out clients. If were responsible in helping the developers settle this issue and we you build a wide and strong network where you helped them reach a conclusion, where we reached a settlement come across as someone who knows what they are agreement. It was a mega project with many various parties with talking about and knows the sector and industry different positions. Understanding the position of each party is a they are working in, I believe that that attracts tough issue that requires dedication and patience. people to you rather than you going to them. As you started your own law firm early this year, what does a lawyer As a female Founding Partner, when I started it generally need in regard to knowledge, skills and clients? was a little bit challenging because I was much And specifically as a female founding partner? younger and I was a fresh graduate, while most of the clients I was dealing with were older men. It is a very deep question. I think if you want to be successful in the So, I would come across as a young girl who was legal world, you need to dedicate a lot of time and effort. You need giving advice about something older than herself. to know what you are talking about and have very strong legal This was challenging because convincing some- knowledge, not only in terms of studying, but in terms of constantly one much older to listen to what you have to say catching up with all the new legislations coming out and the is a very big step. Over the years, this definitely comparative aspects of the laws, as well as following the practice changed. With aging and experience, we basically of the authority. Authorities and practices also differ from one area come to equal footing with other male colleagues. to the other, from authority to the other and so on. You need to be hands-on and follow the details of how things are done. The pandemic had a major effect on many Also, you need to try to do things on your own – with your own sectors. How did it affect the legal field from hands, so to speak. your perspective? One very important thing is that most people do not focus on following market updates and having the commercial awareness I consider the impact it had on the legal field a that distinguishes you. If you focus on one area, you need to dig very positive one. It has pushed us all to use technology deep into why the companies operate in this field and know who the more than we used to. It encouraged us to utilize giants in other law firms are. You need to know your competition, virtual meetings and exchange documents your clients, understand the industry and its challenges, try to un- electronically. It has even pushed some authorities derstand what distinguishes this industry in your country and follow to allow virtual meetings to happen through either new advances and technologies that are happening. video or audio calls, which are now recognised as valuable meetings. It perhaps limited the amount In terms of skills, I believe that being a lawyer generally requires var- of face-to-face interactions we used to have and ious skills such as presentation skills, writing skills and knowing how the number of events we used to attend, but it to ask questions as clearly as possible, focusing on exactly the right encouraged the use of technology in our meetings terminology. and conferences. Everything has its pros and cons, and this has \" BELIEVE THAT IF YOU GET mainly been positive in terms of technological THE OPPORTUNITY TO advancement for the legal field. I hope that we at STUDY AND PRACTICE LAW, least come out of this pandemic with more reli- THEN YOU ALREADY HAVE ance on technology and using it as a way to move WHAT YOU NEED IN ORDER forward. It is in the best interest of the clients, time TO EXCEL IN THIS CAREER\" efficient and cost saving.

30 W O M E N I N L A W Your firm was established right when the The reason I mentioned this as a success is because building a pandemic started. Can you tell us how that project or achieving the initial target does not always have to be the affected you and what were the key elements that only form of success; it is very important to know when something is helped you survive through the pandemic? no longer working out. When I made the decision to move from my What is the biggest challenge that women in the legal field face today? previous firm, it was really at the beginning of And do you think that we are in need of gender equality in the legal the pandemic, at the end of January 2020, and I profession? established Mazghouny & Co. in February 2020. It was challenging in many logistical aspects because Honestly, I learnt through years of experiences in this field that if it was difficult to apply for estates, prepare the you think of yourself as underprivileged, you will end up feeling and office and hire people during the first month of acting that way, therefore ending up not achieving the goals you set the pandemic. The entire world was going through for yourself at the beginning. I believe that if you get the opportunity a difficult time and no one knew where the world to study and practice law, then you already have what you need in would be in a few months. We were having diffi- order to excel in this career. The only challenge that I believe female culties just trying to visit estate locations where lawyers face is trying to find a work-life balance. I think this is the the office would be. We also did not know whether most challenging part because this profession requires a lot of time, we should work individually, from home, set up energy and attention to detail. It is a very demanding career for any the firm, hire more people or rely on the team that lawyer, regardless of gender. started the firm. Additionally, we did not know It could be more challenging for female lawyers because they have whether we would be able to reach our clients to join in the family responsibilities, starting a family or caring for a since the means of communication were limited family, which could be more challenging for them than it is for their to virtual communication. It was something that male counterparts. Nevertheless, there are many examples of very people were not used to. There were some people successful female lawyers who have managed to build a family as who never used virtual communication platforms well as a successful legal career. Lastly, I don’t think that in order to and who had just begun familiarizing themselves achieve success you have to sacrifice your life, it just needs time with technology. management and passion. Moreover, it was challenging in terms of work. Everything was on pause and the market’s You took on a governmental position, joined an in-house team, a top progress was undetermined. Therefore, the clients leading law firm and finally, you are managing your own law firm. were just waiting to see how things would go in Based on your experience, what advice would you give lawyers and order to resume their operations. young women today? This was a challenging start for us, but we were very lucky because we had the support of our I did not exactly take on a governmental position, but I was a contacts. A lot of people were excited about the freelance researcher with the Egyptian Parliament at the beginning idea of us starting this firm. The Energy team from when I was still in law school. However, the other positions taught me my previous firm also made the decision to move a great deal about setting goals for yourself and working on trying to with me and I was very grateful to see the support achieve them. I received. In terms of advice, I would generally use something I learned at the What helped us go through this period was the beginning of my career: if you want to excel in this field, you need a fact that we are flexible enough. We were trying strong legal base and legal knowledge. Also, you need to put in the to utilize technology to the best of our ability and time and effort required to learn from your colleagues and gain more staying safe, while also helping our clients achieve experience. Moreover, you have to work on your writing skills, their goals from the legal side. I believe that being presentation skills, networking skills and your language. While soft flexible about timing, space and the fact that we skills such as networking are not actively sought out in job interviews, were a small team at the beginning helped us, de- they are still very important in this field. spite the difficulty of establishing the firm during a What I generally advise young people to think about when I’m pandemic. talking to them or interviewing them is that if litigation or arbitration are things that you feel like you cannot do, then there are many other You have quite an impressive experience in Project fields to consider. Similarly, if corporate law is not something that you Finance, Energy and Corporate Law. Could you please want to do and you want to focus on something else, then do that. tell us about one of your recent successful transactions? Do not focus on what seems like the successful field and do not be fazed by the appearances of what seems to be the most interesting There was a settlement that we were working on side of these fields. There are several other areas and fields that are and it was a project that was dear to me because very interesting. It all depends on what fits you better in terms of I started working on it back in 2014. It was the first your personality, skill set and what you can do. The reason I chose of its kind and I was helping with the development arbitration as an example is because it is the most obvious track that of the project. I helped throughout the years of its the younger generation sees because they think that you are repre- developments and then I worked as the legal senting what law is in a very interesting setup. However, if it does not consultant of the project. The project then reached fit you, there are other fields that could be better suited for you. a point where it was no longer feasible, so I helped Lastly, do not get discouraged if you do not reach your goals based settle the disputes that had arisen with the on a previously set timeline. It is very important to have goals, but as I Egyptian authorities. I think it was very interesting mentioned earlier, it is also very important to know when something seeing all the phases of the project, from basic is not working out. Also, learn to be flexible and shift if something development, to financing, to structuring, until is not working for you. I would also advise people who studied law the phase of the dispute had arisen and needed because it was their only option to see if this is really what they want support in settling. I look at this as a successful to do. However, I also generally believe that people who studied law transaction because instead of releasing and build- because they like it have a very high chance of reaching success. You ing the project, we reached a decision that it was just have to use all the opportunities presented to you and I am sure no longer feasible. We also agreed on a settlement. that you will achieve great things.

WWW.THELAW.ME 31 \"DIVERSITY Yosr, your career had quite the hype that all female legal practitioners look for. Could HAS NEVER you send us back to college days and tell us about how did you conclude your studies BEEN MORE and how did you plan your career? OF A I have always been a competitive, high achiever, hard-working and independent per- PRIORITY son by nature. I entered law school by choice and became the first lawyer in my family. IN THE Egypt is a developing country that is still shaken by gender inequalities and poverty. WORKPLACE And this gender inequality in the Middle East was what motivated my interest in the study of law. Women in the Middle East still face more cultural rigidity and constraints THAN IT IS than their western peers, and there is so much yet to achieve in this area, fight for the TODAY\" cultural shift and the change in the mindset about gender equality, and move from equality to equity and integration. We need to remove any obstacles that don’t allow someone to achieve equity. We need everyone to be able to achieve the same goals, no matter who they are and where they come from. I graduated and ranked as one of the top ten students in my class. And I am lucky that unlike many of my peers, I recognized at an early stage that if I want to pursue a career, it is not only about grades and which school we graduated from. Grades could enhance my chance when I am applying for a job, but it’s not the definitive criteria. Hard work along with perseverance, commitment and adaptability pays off at the end. Learning new things is something that I really enjoy, and there’s no clear-cut path to successful scaling and growing exponentially. I strongly believe that “the more things you experi- ence, the more you discover what you really like. The more you discover what you really like, the more you learn what you're really like. The more you learn what you're really like, the more you know what you really want.” Technical legal skills and legal education are important, but if someone lacks the soft skills, let's agree that they are unlikely to be successful in law practice. It takes a specific type of lawyer to thrive in the corporate environment, be a team player, and provide good customer service to internal clients. Traits such as empathy, accountability, effective communication, self-management, etc. are as important as other traits. And as such, I have enrolled myself from day one into multiple extracurricular activities and internships while being a student, to scale up for growth. INTERVIEW WITH Yosr Hamza DIRECTOR, LEGAL COUNCIL -MIDDLE EAST AT GARTNER UK INTERVIEWED BY : THE LAW TEAM

32 W O M E N I N L A W When I enrolled in law school, I planned to spe- This is one of the hardest things any of us can do, trust me, it hurts, cialize in international law. But later in my career, but you learn so much about yourself, it is mind boggling. Seek the I opted to specialize in corporate and technology mistakes and make friends with them. Learn to appreciate yourself. law. The technological sector in the Middle East is Trust yourself and your judgment. Pick yourself up and do it better strongly believed to advance at an unprecedented next time. This is how you develop a healthy response to mistakes pace. However, the regulatory environment gov- and celebrate success. erning it remains being immature. Practicing tech- nology law has been an interesting and rewarding Gartner has a leading advisory role in the Middle East region, which we experience so far, but also challenging. Not only do believe has its toll on you as the legal and compliance manager of the you have to pay close attention to the details, but region. What were the highlights that influenced your role with Gartner, you are also excepted to build a thorough knowl- whether they took place prior to or during your work with Gartner? edge of the unwritten market practice rules and processes, and a good understanding of commer- There are various highlights both prior and during my work with cial as well as legal issues of the overall immature Gartner. The one I can recall is embracing wholeheartedly that as an regulatory environment across the region. in-house counsel, we wear many different hats, and there is no such thing as a ‘typical day’. In some cases, we are decision-makers and You received various industry awards during the in other cases, we are business advisors. One of the things I focus on past years, that is outstanding. Can you please tell is making sure my team feels empowered. Despite the fast-moving, us more about those awards and the projects you unforeseen and challenging times, Gartner continues to grow, and participated in that led to your recognition? we identified the key areas of focus; collaboration and relationships, proactivity and accountability, being client-oriented and risk These awards were to recognize the immediate as- mitigation. sistance provided to stakeholders and colleagues, for stepping into deals, completing actions needed Collaboration and relationships; As Gartner continues to grow, it is im- and ensuring the business continued to get full le- portant for us to build and maintain relationships with key business gal support. Furthermore, it was to recognize how stakeholders. The more we engage with local stakeholders, the more my team is focused on creatively and efficiently we understand business needs. This enables us to help to achieve our utilizing our limited resources to deliver faster and business goals compliantly, and ultimately providing the business reliable results. Being an emerging market region, with a global competitive edge globally. our team needs to constantly adjust its methods to be an effective strategic business partner to all Being more client-oriented, because with growth comes opportu- business units. This requires an extremely efficient nities and challenges Our team has had to adopt a growth mindset, use of time and allocation of resources in order where we cover a large and complex territory in a dynamic, rapidly to fulfill our roles effectively as in-house counsels, growing region. This requires constantly improving how we leverage compliance ombudsman ambassadors, and mean- finite time and resources, and closely aligning our practices with ingful business partners. And as such, we adjusted expanding business needs. our methods to be an effective strategic business partner to all business units while actively champi- Legal risk and compliance management; the legal department’s oning accountability, ethical values and a growth greatest value is understanding risk, communicating risk clearly to mindset that promotes challenges as opportunities our internal clients, and working with them to mitigate it. to learn and develop. Having a data-driven approach to risk helped our team speak the business language, and therefore be more client-oriented. We do this One of those awards was Lawyer Monthly’s Women by ensuring we build trust-based relationships with business leaders. in Law, what values does this prestigious award reflect for you? Embracing diversity; in our legal profession, I don’t think it’s the best way to tackle complex legal issues if you have ten people sitting It is commonly known that the legal sector is not around the table who think the same. Diversity has never been more without its challenges regarding gender inequal- of a priority in the workplace than it is today. In the age of digitaliza- ity. With the legal profession traditionally being tion, when innovation and teamwork are paramount, a lack of male-dominated, I am confident I am not the only diversity and inclusivity will directly hurt business performance. one who comments on the struggles we face when A company’s success is all about our people, and people love to work trying to crack the industry. in a team and climate that not only fosters and rewards diversity, but The value goes beyond the awards themselves. also one that is committed to providing a safe and healthy environ- It represents all of the women working in the legal ment for everyone. Nowadays, employees – especially millennials field in our region. – are choosing their workplace based on values and culture, and not simply financial incentives or career advancement. There are many people out there who will think I am exaggerating by saying that aspiring to be suc- cessful in whatever a woman chooses to do is a hu- man right. Nevertheless, I do not doubt that there are many women with the same opinion as me, but they are unable to face the opposing crowd. And this award is for all the hardworking women in the legal field in the region to believe in themselves and capabilities, but also not to let it get to their head and become comfortable with the apparent success.

WWW.THELAW.ME 33 Our readers would be very interested in knowing your But with the efforts of many women across the years who facilitated previous career highlights. Of all the roles you have the women’s entry into our profession, fought for the cultural shift taken before the current one, what was the most and a change of mindset about women’s place in the workforce, I interesting one? and many other women have successfully managed to land where we are in our positions. While women still encounter ‘glass ceilings’ I worked in private practice for few years before as they sought to progress their legal careers, there is now an moving to in-house. I enjoy what I do in my role increased understanding of the importance of including women in as an in-house counsel, and unlike the norm, I higher positions and a greater appreciation of women in the recognized at an early stage of my career that I professional field. It is our responsibility now to pave the way to other wanted to move in-house. While private practice women into more sustainable positions of authority, if we truly want was an excellent place to launch my career as a law to attract broader expertise into the legal in-house profession, and to graduate, both private practice and in-house go beyond DEI, and talk about equity and integration. I also believe positions still have their benefits and drawbacks. multinational companies have a responsibility to bring best The trick is to determine where you, your skills and practices to a region such as ours, where they will eventually become your lifestyle requirements will fit most the norm. Because that’s what we really need. Like I said earlier, we comfortably. need to remove any obstacles that don’t allow someone to achieve equity. I personally wanted to give myself the chance to Tell us more about CSR roles. What is your dearest empowerment get used to being outside my comfort zone as a participation? lawyer and interact confidently with senior stake- holders to ensure they take risk-assessed business Traditionally DEI was seen as an HR initiative at work only. But now it decisions. It takes courage to provide both legal as goes beyond the internal focus towards an external footprint as well. well as business advice to leaders. And by taking Personally, I am committed outside my work environment to men- the role with Gartner, I had to step up and take torship, sponsorship, DEI and creating opportunities for women and responsibility quickly. The role necessitates making young students to thrive throughout their legal career journey. more decisions than a law firm associate might I do so by empowering and encouraging them to speak up, build typically be expected to make. As a legal counsel in their own brand, value their own work, and to be confident in bring- Gartner, we are business partners, not just gate- ing their unique knowledge and opinions to the table. I am engaged keepers. I had to develop a range of very specific in multiple programs and volunteer as a mentor with law students. business skills that facilitate engagement, account- Mentorship is the glue that holds the legal profession together; it ability, collaboration and innovation. Stakeholders ensures that clients are served at the highest standard, that lawyers expect practical, fast and reliable responses, which act ethically and responsibly in their dealings, and promotes a culture means I have to continuously improve the support of respect and compassion amongst legal professionals themselves. I provide to the business and attempt to provide Everyone wins when the mentorship machine is well oiled. Everyone relatable business advice to leaders, not just legal has something to offer and the mentor gets as much from the men- advice. torship as the mentee. We have all been there and hoped to find a good mentor to reach out to, and that is part of why many of us do it. What were the challenges that you faced throughout And I hope the students find good mentorships within their network, your career, and do they still recur? bask in it for a little while, and don’t forget to pay it forward when they can in the future for other students one day! I come from a diverse family, and I am fortunate to have experienced diversity from a very young At the end, do you wish to send a message to all female legal age including diversity of age generations, working practitioners of the region? lifestyles, genders, ethnicities, religions, social backgrounds, experiences and even points of view. While it may sound like a cliche, women should support other I recognized early on that the more diverse a team women. We rarely see this happening, but this should be the norm is, the more creative it can be. But I still struggle not the exception. Amazing things happen when we support one with the surrounding culture. Like many other another. women, women acting as in-house counsels in the Middle East still face more cultural rigidity and And my ask to senior lawyers in the region to reach out to a law constraints than their western peers. student on social media and virtually mentor them. There is a lot of Decades ago, you would not easily find a woman in uncertainty, stress and anxiety you can relieve with a few positive a leadership position in our region especially in the and supportive words and some career advice. Besides, people never legal profession, one that remains to be a male-ori- forget when someone in the legal profession goes above and beyond ented, among other professions. for you and treats them in a truly remarkable way (even if it’s just Professionally ambitious women really only had small, daily gestures that add up over time). These are the people two options when it comes to their personal they will later turn to for advice and who—should the opportuni- partners — a super-supportive partner or no ty arise—they will refer and recommend to employers or potential partner at all. Anything in between ends up being clients. Unlike on TV, treating others well in this profession is not only a morale and career-sapping morass. It’s not that the decent thing to do, but is also good for business and finds its way these husbands aren’t progressive, supportive back to you. spouses, they certainly see themselves that way, as do many of the CEOs and leaders of very well mul- tinational companies. But, they are often caught out by trade-offs they were not expecting. And I bet many inspiring women would have experienced this at some point in their lives.

34 W O M E N I N L A W INTERVIEW WITH Omnia Gadallah FOUNDER OF HER HONOR SETTING THE BAR INTERVIEWED BY : NOOR ELGOHARY Can you tell us about your journey in the legal field? I worked as an associate at Zulficar and Part- ners Law Firm, as well as at Matouk Bassiouny Law Firm. I was also an intern Baker McKenzie Law Firm. I founded HerHonorSettingTheBar initiative in 2014. I am also a member of the Voice of Women Worldwide and its Egyptian representative. In 2020, I received the Justita Award from Women in Law initiative. I was also selected by the National Council for Women as one of the ‘Inspirational Egyp- tian Women’. Similarly, I was selected as one of the 50 Egyptian Women Heroes by Women of Egypt Initiative and Magazine 2020. \"SOLIDARITY How did you get involved in the 2014 case and what actions did you IS WHAT take to fight the discrimination you faced during that time? MAKES A REAL I was a law school senior at the time and the draft of the current DIFFERENCE\" Egyptian Constitution was published in 2013. The public started discussing it, including myself, where I printed it out, wrote my comments and discussed it with my university colleagues the next day. I encouraged them to participate and vote. It was the first time for the Egyptian Constitution to state explicitly that the state guarantees women appointment in all judicial entities without discrimination against them. I was optimistic and thought that such an article will end decades of discrim- ination against Egyptian women whenever applying to the judiciary. A statement by the Head of the State Council at the time, Samir Tanagho, bolstered that hope, where it stated that “if the new constitution is adopted, we will accept female applications”. However, when I went to apply the day after, I heard several denouncing comments from officials as well as male applicants. The offi- cials refused to accept my application, along with those submitted by all other female graduates. I had already suffered from gender discrimination many times be- fore, but this time I refused to remain silent. That was when I established HerHonorSettingTheBar Initiative to combat this discrimination.

WWW.THELAW.ME 35 What were the legal steps taken and what were the grounds for the first judgment? Can you tell us more about Her Honor Setting The There are steps that were taken for myself, for my sister and for other Bar Initiative? graduates of different classes. For myself, I filed two cases seven years ago and have pursued legal, judicial, and societal lobbying channels. HerHonorSettingTheBar is an awareness righ- In my first case (No. 30105/2014), I challenged the administrative deci- teous initiative that aims to support female law sion that prevented me from submitting my application documents graduates and end the discrimination of banning for holding a judicial position. While litigating the first case, Presi- Egyptian women from being judges. The Initiative dential Decree No. 356 on September 9, 2015, by which my male col- believes in the importance of having female judg- leagues were appointed to judicial positions, was issued. Therefore, es sitting on the bar and its impact on the judicial I had to file a second case (No. 20222/2016) to challenge that decree, authorities specifically, as well as the whole society which excluded qualified female law graduates. For other female and development generally. Its importance also graduates, there are 5 other cases filed by Her Honor Setting The Bar translates to strengthening the rule of law, impar- on behalf of them. There are always many obstacles along the way, tiality and independence of the judicial authorities. most importantly the procedural and judicial ones. The Initiative believes that competence, profes- sionalism and qualifications should be the require- Regarding the first case, in April 2017, a judgment was issued by the ments for those who really deserve to sit on the bar, Supreme Administrative Court stating that “the call for applications regardless of their gender. Besides, it is unfair to to hold the judicial position is addressed to male law graduates ex- deprive the judiciary from maximizing the benefits clusively”. The judgment negated the right of female law graduates of choosing the most qualified applicants based to apply to the judiciary. Moreover, the court contradicted its own solely on objective criteria and equal opportunities. precedents, which established being qualified as the first criterion To reach this goal, the initiative is mainly working for sitting on the bar, adding that appointing the most qualified ap- on combating this flagrant discriminatory ban plicants is the direct way to reinforce justice. However, this criteria against Egyptian female law graduates. It also en- seems applicable for males only. courages other women who seek judicial appoint- This is not the first judgment of its kind, and there is a long historic ments to speak up and file cases on their behalf. rejection of female law graduates by other judgments rendered in The initiative supports other graduates who were 1951, 1952, 1979, 2005, 2017, and most recently in 2020. The grounds of banned from applying to the judiciary and suffered each judgment is different. However, the failure to appoint female from discrimination too. judges is persistent. In parallel with the legal and judicial track, the These judgements prioritize the discretionary power of the State initiative works on raising awareness by different Council over international conventions and the Constitution. It also means, holding symposiums, participating in con- repeated the same justification for what it deemed appropriate stan- ferences, joining job fairs, communicating with oth- dards in rejecting the appointment of female judges. Moreover, the er governmental institutions, non-governmental judgement denied my plea that the Council’s rejection of my applica- institutions and parliament members to shed light tion is an act of discrimination, stating that “the State Council has the on the issue. The initiative voice was the reason right to select the applicants it sees fit and the constitution did not for submitting a bill by female parliament mem- specify any conditions it needs to abide by.” bers, which stipulates clearly that women have the This is the approach towards female law graduates whenever they right to be judges in 2017. I drafted the explanatory apply to the judiciary since it was established a century ago, regard- memo of the law, which was submitted to the leg- less of international conventions or the Egyptian Constitution, which islative committee of the parliament, but it has not explicitly grants women the rights to join all judicial entities. promulgated since then. With regard to the second case, on February 24, 2018, I challenged Furthermore, in order to break the stereotype that the unconstitutionality of the 2015 decree, as well as some articles of females are not capable of being judges, we trans- the State Council Law No. 47/1972, and its internal regulations. I asked late biographies of female judges in national and for my case to be transferred to the Supreme Constitutional Court international judiciary into Arabic. We do this due to review and issue its judgment. This represented another obstacle, to the lack of Arabic material available and in order since the State Council had discretionary power to decide whether to inform the Egyptian legal and non-legal com- my transfer request is accepted or not. On October 31, my case was munity about them. Unfortunately, the sexist coun- subsequently rejected. terarguments we hear now in 2020 are the same It is noteworthy that 2021 is the 8th year—until now—of litigation in arguments these female judges used to hear back an unsuccessful trial yet to obtain constitutionally fundamental hu- in the 1920s. man rights, which are, unfortunately, violated and severely breached. Moreover, we work on providing researchers in all It is a violation of the right to justice, the right to an official appoint- fields as well as journalists with resources. ment on objective criteria and the right to equal opportunity. It is a deterioration to the rule of law.

36 W O M E N I N L A W Due to the unconstitu- tionality of resort- ing to the Supreme Administrative Court rul- ing, a retrial occurred at the administrative court, what were the grounds for the judgment, and how are you planning to appeal? It was based on res judicata principle and that the issue has been settled by the aforementioned Supreme Administrative Court, which legalized dis- crimination in its lines. However, the judgement ignored the main pleas of unconstitutionality of some legal rules of the State Council Law, its regulation and its General Assembly resolution in 2010. I will highlight these aspects and challenge that judgement and other judgements for other 2017 graduates How has this case impacted your life? The case is very time-consuming, thus taking away from my focus on my PhD and my academic path, which is my main goal. Fighting for the judiciary is only a matter of principle. However, I learned a lot, including the knowledge of the required memorials to be submitted, advocating, networking and discussions with both supportive and non-supportive people. My academic and professional career showed me the impact of this discrimination and it heightened my determination regarding this case. I am a teaching assistant in the Faculty of Law and Sharia’ at Al-Azhar University, where my students are all females. Their questions sometimes reflect their feelings as second class citizens and fears of not having a seat at the table despite their qualifications. Additionally, my students question the effectiveness of a law that is not even applied, nor is our Constitution. This discrimination not only undermined the law, but it continues to affect female law students and graduates who struggle with barriers on their dreams and their careers. I also wonder how many girls aspired to be judges but they instead had to give up studying law due to the discrimination we face. What about the self-perception of young women who were raised being told—unfortunately sometimes by other women—that they are not capable of doing various jobs, including being a judge? I continue to see wasted female potential due to this discrimination, both legally and socially. There are several stereotypes that label these ambitious women as ‘masculine’ and ‘unfit to be a wife’, despite the supreme religious authority—Dar Al-Iftaa El-Massri- yah—stating that Islam allows women to be judges. In addition, many female applicants refuse to proceed in the litigation process for several reasons including their loss of hope, lack of time, family commitments, fear of retribution or hope of being appointed to alternative prestigious positions. There are also some cases that require family approval before proceeding. There are several other factors that lead to the inability of filing a case, both economically and socially. The issue is sprawling and interlaced with many political, historic, social aspects, and misconceptions that are deeply rooted in Egyptian society. What kind of support do you need from the community? Solidarity is the most crucial requirement in such historic, crucial cases. While I may be described as ‘the voice of the voiceless’, one voice isn’t enough. Despite all the ob- stacles that stand in the way of achieving this goal, I hope that Egyptian women come out victorious and put an end to all forms of gender discrimination. However, this is a goal that requires several collective steps. I believe that the right is never lost as long as someone continues to strive to claim it. Many believe that the issue will not be solved unless the president intervenes. However, due to many political and social factors, the issue has not been prioritized yet.

WWW.THELAW.ME 37

38 W O M E N I N L A W INTERVIEW WITH Azza Fahmy FOUNDER OF AZZA FAHMY INTERVIEWED BY : NADA NABIL

WWW.THELAW.ME 39 Tell us about your early days and the beginning of How do you protect your designs from being your career, and when did you feel the passion for infringed? Copyrights are a terrible thing to lose, jewelry. Also, did you expect this tremendous get snatched, or go to war over them. What were success and influence over the industry ? the major challenges in protecting your intellectual property rights? I began my career working for the Egyptian Here we register most of our collections which is Government as a graphic designer before my quite costly but for us, it’s part of the brand passion for jewellery design was ignited. I was the protection. When people ask me how I feel about first woman to enter the male bastion of Khan El those who copy me I tell them that It’s a sign of Khalili, Egypt’s ancient jewellery quarter where I success because no one copies a bad product or trained for two years as an apprentice before one that won’t sell, but I also have to protect my moving to London courtesy of a British Council loyal customers by fighting those who copy me. Scholarship to further and complete my jewellery First, we approach these people on a friendly design studies. I returned to Egypt and began my aspect before taking legal steps. If there’s no career creating hand-crafted jewellery and steadily action taken then we proceed to take further legal developed a growing business. By the mid 90s' my steps. We always announce our winnings so people business had grown to a fully-fledged brand with know that we do take this matter very seriously. a strong export business. From your interaction with legal What were the Challenges that you professionals, what do you think faced in the beginning of your career \" DON'T BE AFRAID about the women in law and do that inspired you to overcome them? TO FAIL \" you feel that they are correctly represented in their own field? When I set out to pursue my passion for jewellery making 50 years ago this I think that with time, women have field was highly dominated by men. been more and more present in But this was a challenge that I was fields that were previously determined to overcome. I knocked dominated by men. I hope that on many doors until Haj Sayed, a jewellery maker my story inspires other young women in different in Khan el Khalili, opened his door to me and wel- fields to follow their passions not matter how hard comed me in his workshop as an apprentice. Another it might be in the beginning. challenge I faced was when I needed to adapt from a small scale operation- a one woman show- to a structured business. The transition from a workshop Is there a specific piece from your collections to to an institution needed to be made. This was when suit “Woman in law”? And which one would you my craft shifted into becoming an industry and a recommend a female judge and which one would full-on business. I soon recognized and trusted that you recommend a lawyer? with the right team and the right skills, I could reach my ambitions. Jewellery is a very personal item, the main reason why people choose our pieces is because of the message they carry or the story behind them. In your opinion, what are the main aspects that So I would think that this is the same for women make small businesses grow bigger and become in law, they would choose pieces they connect to. more successful? To never give up no matter how many obstacles What is your word of advice for all of the young you face and no matter how many times you fail, ambitious women dreaming of becoming it’s also very important to stay true to your DNA successful entrepreneurs? and your essence. Success is not just about taking opportunities but it’s more about taking opportu- Don't be afraid to fail. It's only part of the process nities that support your goals and dreams and it's important that young entrepreneurs consider their mistakes as learning experiences and stepping stones towards success.

40 W O M E N I N L A W A short introduction to the Convention on the Elimination of all forms of Discrimination Against Women

WWW.THELAW.ME 41 The UN Convention on the Elimination of All Forms of Discrimination NORA SALEM Against Women (CEDAW) is the principal international framework ASSISTANT PROFESSOR aiming to eliminate sex-based discrimination across the lifespan of OF PUBLIC INTERNATIONAL LAW, women. It was adopted in 1979 and entered into force in 1981, HEAD OF PUBLIC whereby it became legally binding for all States parties. Today, it has INTERNATIONAL LAW a total of 189 States parties–out of 193 UN member States–and is thus DEPARTMENT AT THE FACULTY the most widely ratified UN human rights convention. In a total of 30 OF LAW AND LEGAL STUDIES, articles, the CEDAW outlines the nature and scope of States parties’ GERMAN UNIVERSITY IN CAIRO obligation (articles 1 to 5 CEDAW); specific forms of discrimination (articles 6 to 16 CEDAW); as well as the implementation and monitoring procedure (articles 17 to 30 CEDAW). States parties’ obligation: One of the most influential general recommenda- The CEDAW defines gender-based discrimination in article 1 as “any tions the Committee issued was the general rec- distinction, exclusion or restriction made on the basis of sex which ommendation number 19 (1992) on gender-based has the effect or purpose of impairing or nullifying the recognition, violence, updated in 2017 by general recommenda- enjoyment or exercise by women, irrespective of their marital status, tion number 35, in which the Committee clarified on a basis of equality of men and women, of human rights and fun- that discrimination against women, as defined in damental freedoms in the political, economic, social, cultural, civil or article 1 of the Convention, included gender-based any other field.” Articles 2 to 5 CEDAW outline States parties’ obliga- violence. That is “violence which is directed against tions “to pursue by all appropriate means and without delay a policy a woman because she is a woman or that affects of eliminating discrimination against women” through inter alia women disproportionately,” and that it constituted legislative measures and appropriate measures “to modify or abolish a violation of their human rights. Thirdly, the CE- existing laws, regulations, customs and practices which constitute DAW Committee may receive and consider indi- discrimination against women” (article 2 lit. f CEDAW). CEDAW’s vidual communication, meaning complaints from States parties’ obligations differ from the typical ones in other or on behalf of individuals and groups under the human rights treaties. For instance, as gener-based discrimination jurisdiction of the Committee. Lastly, the CEDAW is–beyond public actors–often times carried out by private persons, Committee may initiate an inquiry procedure after i.e. in an employent relationship, the CEDAW obliges States to take receiving ‘reliable information’ indicating ‘grave or appropriate measures against “any person, organization or enter- systematic violations’ of the Convention by a State prise” for the elimination of gender-based discrimination (article 2 party. The last two procedures, however, were ad- lit. e CEAW). Another novelty adopted by the CEDAW drafters is the opted by the Optional Protocol to the CEDAW and utilization of temporary special measures in fields that are character- is thus only available to its States parties. ized traditionally by long-standing inequalities in order to accelerate de facto equality (article 4 CEDAW), i.e. quotas for women in politics. Egypt & the CEDAW: Based on the understanding that gender-based discrimination typi- Egypt, along with many other Muslim majority cally results from gender stereotypes, the CEDAW requires States to countries, ratified the CEDAW in 1981 and is thus take all appropriate measures to “modify social and cultural patterns obliged to eliminate gender-based discrimination of behavior to eliminate prejudicial practices and attitudes” (article de jure and de facto. However, such obligation 5 CEDAW), i.e. governmental awareness programs towards shared only exists to the extent to which no reservations family duties. were entered. Egypt did enter three substantive reservations upon ratification, and subsequently Specific forms of discrimination: modified its legal obligation to eliminate gen- Substantive areas in which States parties are obliged to eliminate der-based discrimination in family relations (article gender-based discrimination include the political and public life, 16), nationality matters (article 9) and with regard to education, employment, healthcare, economic and social benefits, its overall State party obligation (article 2), provided family life, nationality, women in rural areas and issues resulting from that these obligations do not run counter to the trafficking. Sharia law. While the validity of such broad reserva- tions must be questioned, the tool of reservations Implementation and monitoring: as such encourages States to ratify international The monitoring of CEDAW’s implementation is bestowed on the treaties with a view to amend national laws gradu- CEDAW Committee, which is composed of 23 independent experts ally, and thus increases the universal participation that are elected by States parties and meet twice a year in Geneva, of a treaty, yet compromising its integrity. Switzerland. The CEDAW Committee has four basic procedures to exercise its monitoring mandate: firstly, receiving States parties’ reports and issuing related concluding observations, in which the Committee reviews the progress related to each obligation and eval- uates it critically. Secondly, the CEDAW Committee issues general recommendations, which serve as a commentary to an arising issue under one specific article and may be considered as authoritative interpretations, albeit not binding.

42 W O M E N I N L A W STEFANIE G. EFSTATHIOU GENDER ALTERNATIVE DISPUTE DIVERSITY RESOLUTION & IP LAWYER IN INTERNATIONAL ARBITRATION Several initiatives, task forces and groups, such as Google’s #IamRemarkable campaign, the ICCA Gender Diversity in Arbitration Task Force and many more, highlight the fact that there is still a great deficit in gender balance when it comes to choosing an arbitrator, a counsel and a partner in a law firm. Being raised in a family of empowered women, my goal in life was always to strive for the best and not let my gender define my decisions or my place in the world. By getting involved in Google’s #IamRemarkable program, I understood that some women struggle with owning their story, promoting their achievements, and of course, using their personal branding for a promotion and/or a better job offer. The numbers speak for themselves. According to the Cross- \" THE FUTURE Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings with data assembled in 2019, gender diversity in arbitral IS BRIGHT tribunals is increasing, with the number of female arbitrators appoint- ed to tribunals doubling in the past four years. However, this means AND FEMALE\" that women comprised just over 21% of arbitrator appointees, making it very clear that there is room for improvement. The task force notes that “the greatest opportunity for such improvement lies with parties and the counsel that represent them, noting that while 34% of institu- tional appointments and 21.5% of co-arbitrator appointments were female in 2019, only 13.9% of party-appointments were female”. Furthermore, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III on ISDS Reform shows in a study that the diversity deficit is especially noteworthy in Investment Arbitration. This is evident since nearly all of the most prominent and repeatedly appointed arbitrators in ISDS cases are men from the western world with significant prior experience in such cases. By continuing under this basis, nothing will ever change, but that change needs to happen now. Some great examples have been set over the past years with numerous initiatives such as Arbitral Women, the women-only Mute-Off Thursdays, the Equal Representation in Arbitra- tion (ERA) and many more, but we are still far from reaching our goal. And this is true although gender diversity is a valid concern, as many researches have shown. Women communicate, think, feel, perceive, react, respond and appre- ciate differently than men and that often makes the difference when a fair and balanced decision is needed. Therefore, one thing is certain: the future is bright and female.

WWW.THELAW.ME 43 \"SINCE 1996, WE HAVE BEEN DRIVEN BY A VISION TTOO TPHREOVBIUDSEINUENSIQSUNEELEEDGSAOLFSCEROVRIPCOERSATTHEAETNCTAITTIEESR DOING BUSINESS IN EGYPT. OUR CORE MISSION IS TOLEPGRAOLVAIDDEVTICHEE OMNOSDTISTPRUUTSETREEDSAONLUDTEIOFFNEACNTIDVE CORPORATE LAW BMOETNHAINREEGGIYOPNT\" AND ACROSS THE PHONE NUMBER: +201022256100 EMAIL: [email protected] ADDRESS: CAIRO BUSINESS PLAZA, UNIT 204, FIFTH SETTLEMENT, NEW CAIRO, CAIRO, EGYPT

44 W O M E N I N L A W A.D.R MEDIATION CHAHENDA MANSOUR The use of mediation is therefore better because of the time, cost, CORPORATE LAWYER possible outcome and its consequences. Settling the commercial AT GAFI dispute through mediation is faster than the other means of solving the disputes, since the two parties don’t have to go through a long Mediation and beyond; Mediation is litigation process that may take years and many layers of appeal. a procedure in which the parties This would only end in having a winning and a losing party, discuss their disputes with the eventually cutting off the commercial relation after the dispute. assistance of a trained impar- tial third person(s) who assists The cost of mediation and arbitration is equally paid by the parties them in reaching a settle- involved. However, the mediation cost includes the administrative ment, it can be defined also fees of the center or the entity, and the mediator fees, which are as the attempt to settle shared with both parties at the beginning. There is an obvious legal disputes through difference when compared to arbitration, which is known for its ra- active participation of pidity, but also for how expensive it is . Similarly, court and lawyer fees a third party – medi- that the parties continue to pay during the process are also costly. ator – who works to find points of The lawyer’s role is well known in courts, but it’s different when it agreement and comes to mediation. The lawyers play the role of coaching in order make them, in to prepare their clients for negotiations, and not merely defending a conflict, the client, thus lengthening the procedure with the aim of receiving agree higher fees. However, the lawyers need to be aware that they are on fair taking on a different role in this case. results. The difference between the judge and the mediator affects the out- come and consequences. Judges are officially appointed to conduct the court proceedings, thus they’re decision makers who play zero sum games where there is a winning and losing party. On the other hand, the mediator helps the clients in communicating clearly, aim- ing to end the dispute by satisfying both of their interests. They can also brainstorm solutions with the clients based on their experience. Sometimes, the reasons for the disputes aren’t the real ones, so the mediator has to figure out the real ones very carefully and start dealing with them. Therefore, the mediator must have certain characteristics, such as the ability to negotiate, persuade, diplomacy, smart, ethical values, neutral, calmness and some body language skills to be able to understand what’s going on beneath the surface. However, in some cases, the clients need to know the mediator’s opinion in order to take it into consideration. That is one of the reasons why the mediator needs to be trustworthy and unbiased. Nonetheless, one of the most important features that distinguishes mediation from other means of dispute settlement is that it doesn’t forfeit the parties’ right to proceed using other means of dispute resolution. This can either be through litigation or arbitration and it can be done at any point during the mediation process. While the media- tion agreement has the same force as a binding civil contract, it is not sealed by the force of res judicata﹣ adjudged matter.

WWW.THELAW.ME 45 HOW WOMEN IN LAW HAVE PUSHINGPROGRESSED AND THE IMPORTANCE OF ANNA GROZDANOV ASSOCIATE ATTORNEY AT LEXINGTON LAW FIRM FORWARD Taking a quick Things slowly began changing in the 1970s due to Title IX of the Education Amendments of 1972, look at the history which barred sex discrimination in schools that recieved federal funding. Additionally, women started of women in law is a coming together and filing complaints against law firms who were discriminating against them. great way to gauge just The impact of this litigation led to an increase in female lawyers. For example, the number of how much women have pro- female lawyers jumped from 13,000 (4%) in 1970 to 62,000 (12.4%) in 1980. Additionally, the gressed in law over the last one percentage of women in large law firms increased from 14.4% in 1975 to 40.3% in 2002. hundred years. The American Bar Association did not start admitting The most recent statistical study done in 2019 showed that women now make women until 1918. However, even after it up 38% of lawyers. Interestingly enough, women also make up about half of all became permissible to admit women into law school graduates. This means that about twelve percent of the women the association, many women were still not who graduate law school decide not to pursue a career in law. Additional- getting admitted. It was not until World War II ly, studies show that by the age of fifty, women only account for 27% of that there was a spike of women being accepted the profession, meaning that the number of women in senior roles into law school and being hired by law firms, and is significantly lower than that of men. This could be due to many this was mainly due to the shortage of male lawyers. different factors. One of these factors could be the difference in However, this increase of women in law in the 1940s was compensation. According to the American Bar Association’s short-lived as once the war ended, the male veterans took 2019 statistics, male partners are being paid about 21% back their positions, and women either left their jobs or remained more than their female counterparts. Another study as associates but were given no opportunities for promotion and has shown that women are leaving the practice of were paid significantly less than their male counterparts. law due to the levels of stress they experience at work, the number of hours they have to work, By the 1950s, women were only making up about three percent of the lack of opportunities for advancement and the legal profession. To go into even more detail, in 1950, there were the lack of recognition they receive for their work. only five women on tenure tracks at approved law schools. To say women received a slow start in the world of law is an understate- So what does all of this mean? ment. During these times, it was very difficult for women to find jobs after graduating from law school, regardless of There is no question that women lawyers have made strides how well they did in school. Most women were forced towards gender equality in the last century. They have changed to find jobs as legal assistants or librarians because the law by reforming sex discrimination statutes and bringing na- law firms would not hire them as ‘real lawyers’. tional attention to the issue of gender bias in the legal field. However, If women were able to find employment as it is now more important than ever to continue women’s full integration lawyers, it was typically only in certain types into the legal profession and to fight for total gender equality. One of the of legal fields, such as trust and estate ways that this is being done is by highlighting accomplished female lawyers law, tax law, or family law, which were who have stayed in the profession and using them as role models for younger all considered domestic areas of law female lawyers to encourage them to continue their careers. Law firms are also and were seen as appropriate taking action and have begun including initiatives that address the advancements areas for women to practice and needs of female attorneys. Some law firms have even signed on to the Mansfield in. Women were not al- Rule, which states that the firms will consider diverse candidates for at least 30% of the lowed to go to court and roles in their firms. I call that progress, and I believe that it is only a matter of time until gender they were to have no inequality in law becomes a thing of the past. contact with the clients.

46 W O M E N I N L A W ALAA ELGOHARY EGYPTIAN CORPORATE LAWYER DATA AL AHRAM BEVERAGES PROTECTION COMPANY LAW OVERVIEW As Egypt strives to be on the map Who does the law apply to? What is a data controller? of the global electronic hub, it had to set some regulations to The new law is applicable to any The data controller is any natural or legal person govern the use of personal data natural and legal person who who has the right to obtain data due to the nature in order to prevent any breach of holds, processes, or controls data, of their work. The controller gets to decide and personal privacy. excluding the banking sector. specify the methods, aims, and criteria of keeping, The Egyptian Data Protection processing and controlling them. Law came into force on October Which data does this law 16, 2020, with a one-year grace apply to? What is data processor? period for companies to comply with it. The privacy law’s execu- This law applies to personal and A data processor is any natural or legal person who tive regulations are expected to sensitive data. While the article has the right to process the data on behalf or in the be issued by April 2021. did not provide a clear definition benefit of the controller through electronic means. as to what the aforementioned This includes writing personal data, data includes, it mentioned some collecting, recording, saving, storing, merging, characteristics. publishing, sending and receiving, circulating, presenting, erasing, amending, and analyzing data, What is personal data? whether totally or partially. However, data processing does not apply to According to article 1 of the physical data, such as written documents, letters, law, personal data includes a photos, etc. person’s name, voice, pictures, According to the scenario at hand, one can identification number and online act as both a controller and a processor. identifier. Additionally, it includes identified personal data, such What are the legal rights of the as genetic data, biometric data, subject of the data? financial data, religious beliefs, political opinions, According to article 2 criminal records, children’s data of the law, the data and mental, psychological, or subject is entitled physical health data. to several legal rights. What is a data holder? This article entails that the data holder is any natural or legal per- son who legally possesses per- sonal data in any form, whether it is created by the holder or acquired.