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“BE 4. Since you’re well known for your knowl- 6. What trends might dominate the legal field DISCIPLINED, edge of the Egyptian market, can you tell us in five years? AMBITIOUS how you managed to stay responsive to the I see that Egyptian law firms should AND A changes in the field over the years? What expand out of Egypt, especially in the FIGHTER ” major changes did you make to adapt to the Middle East and Africa. Expanding Egyptian market? outside of the region is also important, Notwithstanding my age and experience, for example such as the British law firms I dedicate at least one day a week to that invaded the Gulf region. update myself with the development in As you may know, Shahid Law Firm the legal system. I review the new laws, was one of the first to venture out of regulations, judgements and judicial Egypt through expanding in Sudan and precedents in order to be updated with Ethiopia, and more to come our market. 7. What advice would you offer the next I also found it important to shift my generation of growing legal individuals ready office from a sole practitioner to be a to rise in the ranks? modern law firm in its real sense. It goes without saying that they have to 5. In your opinion, what are the biggest chal- focus on their education and always be lenges facing law firms and lawyers in Egypt ready to learn more everyday. However, at the moment? the most important piece of advice that The quick and several changes to the laws I could give all of those young lawyers is and regulations, they have a large impact that you must be disciplined, ambitious on our society. and a fighter. Yassmin Soliman from THE LAW interviewing Tharwat AbdelShahid WWW.THELAW.ME 47

RISING STAR Ibrahim Shehata Managing Partner at Shehata and Partners Interviewed By : Farida Abdallah WWW.THELAW.ME WWW.THELAW.ME 48

T he legal field continues to grow, and with it comes new talent and new individuals who rise up and establish themselves everyday. With over a decade of experience, Ibrahim Shehata has managed to rise among others legal individuals. 1. Passing the 25-year mark, can you tell us Shehata’s legal experience eventually led about the re-branding decision that Shehata him to the field of renewable energy, & Partners took? And how does it feel to where he stood out and took the niche operate a family-owned law firm? field by storm, becoming one of the go-to lawyers in the industry. It was a tough decision, we were plan- Within six months we were able to build ning on doing it since I joined in 2019, the basics of the department and the He has worked on several high profile but it was really tough to do it at the whole firm. Furthermore, by the end cases for his clients, as well as established time because I was starting out in the of 2020, the numbers indicated that we himself in the literature field, where he department and you have to make sure were moving on the right track. is now working on the first ever English that you’re doing high quality work and 2. Your practice balances corporate law and language treatise on Egyptian arbitra- that was all I cared about. dispute resolution, with a distinguished track tion. His continuous achievements have record in tech and energy. What are the put him in the spotlight, thus making Then covid hit, and we had the plan factors of the formula that built your career? him one of this year’s Rising Stars. set to do that in 2020, but we obviously The main things are that you have to be didn’t take covid into consideration or persistent, you must have a curious mind anything like that. And while that was to venture into different industries, as our original timeline, what actually hap- it is not about the legal knowledge only. pened was that two of our main clients You have to dig deep into the business paid their full invoices and we collected itself, understand it and dig deep into its the money. So, I was trying to prove the problem. abilities of our own department and try- ing to build it from the inside-out. Once we got the money two or three Otherwise, you are not doing your job days after covid hit, we had the time and right. Also, one of the most important money. The department was actually factors is to know your value as a law me and Khaled El-Khashab only (the firm and put these values first. first associate we hired in the corporate department). Of course, we had a dispute resolution department, but you know that dispute resolution is a little bit different. We felt like this was the perfect opportunity. WWW.THELAW.ME 49

3. Back to rebranding, what was the main 4. As one of this year’s rising stars, what 6. Looking back at the simple and impressive idea behind cutting ties with the Dispute makes winning distinctions and establishing origins of your department, how did you Resolution boutique status and adopting a rankings possible? manage to build a department that is inde- full services profile? I personally think part of it is based on pendent and highly regarded in such a short So, what happened was that the model of luck and being at the right place at the term? Also, how was it like to guide a team of the firm was going very well till 2017- right time. Also, a part of it is not solely young practitioners through tough times such 2018; the market changed a lot since then. based on the legal work, but can also be as the 2020 covid-19 pandemic? Full-service firms started appearing, extracurricular activities; like publishing Spotting talent is very difficult, and we which made us notice that we are los- articles. Not to mention, it is important were not aiming to hire senior associates, ing clients. Not to mention that we felt to provide all kinds of services like legal our aim was to hire junior associates, that the legal profession has changed a knowledge for the whole ecosystem for which would enable us to compete with lot and is not about providing specific example. other firms by giving these associates services anymore, yet it turned out to be What makes our firm stand out from the competitive salaries. a trusted business partner, and to be able rest of the firms is that not only do we We did several internship programs to to do that, a lawyer must be able to do provide services for our clients, but we get a sense of the character of the interns the corporate work for them. This builds also make sure that we give back to the and whether he/she is a team player or more trust and ensures that the client community. not. People in our team must help each is satisfying all of their objectives and 5. Our readers are always curious; from your other grow knowledge-wise. We also needs. experience, what makes it possible to break monitored their behavior through Zoom into and maintain a profile in complex and meetings and phone calls as well as by sensitive practice areas? giving them several tasks and examining You have to be a reading machine, and their work ethic. not just legal reading. It can be books Regarding the pandemic, we worked related to business or fiction, which through virtual meetings and phone calls indeed widen your horizons. mainly, however, we met occasionally Also, I don’t believe that there is such every month or so. We were so keen to a thing as dumb questions. It is very check up on the employees’ mental health important to ask a lot, however it must during these difficult times as people be in the right format to get the right were desperate to come back and work answer. Trying to sense where the market together. is going is also a huge factor. Ibrahim Shehata with the Shehata and Partners Team 50 WWW.THELAW.ME

Farida Abdallah from THE LAW interviewing Ibrahim Shehata 7. Let’s talk about Start Right. What is the And from June 2019 till August 2020 nature of this product? And what drives the firm into branching into the start-ups’ “KNOWwe only had one startup. Since then, we community? My first experience with startups began have gotten around 20 startups, mainly a long time ago when Dubizzle was because the ecosystem is quickly growing. acquired by OLX, however, it is much more difficult now that the ecosystem is YOURTo produce the best work for these really booming. Then I came in touch with them again startups, we must provide them with during my days at Sharkawy and Sarhan when we were acting as legal counsel VALUEassociates who are well aware of the for EBRD and the IFC concerning the startups in the solar energy sector. So, I ecosystem and the business mindset of got to know them and I was intrigued by startups. We are trying to do something how young and curious they are. In this regard, we started the corporate division . . .ANDdifferent and build a unique experience in August 2019. for these startups. For instance, we are in the final stages of preparing a full guide PUTthat will be published, free of charge, to everyone to get the main informa- THESEtion to help startups to get on the right track, without any complications in the VFIARLSUTE.”SEgyptian legal system. WWW.THELAW.ME 51

52 RISING STAR Dr.Micheal Boutros Partner at Shahid Law Firm Interviewed By : Farida Abdallah WWW.THELAW.ME

T 2. Since the rising star award revolves he legal field is home to many great individu- around the strong impact of young individu- als who have left their mark and continue to prosper. One als, what has been your most significant role of these people is Michael Boutros, a partner at Shahid Law in developing your legal community? Firm with over 14 years of experience. First of all, aside from the legal knowl- Boutros is an exceptional lawyer specializing in corporate law; edge and staying constantly updated, his skill and dedication have led to him becoming a partner in networking should be a very important the firm. tool in developing the legal community. He has become a well-known figure in the legal profession It is now more important than ever for and was therefore chosen as one of our Rising Stars this year. lawyers to develop their connections. Networking could help you both develop 1. What makes you stand out within the legal as a professional in your practice area profession? and improve your legal marketing. The primary responsibility of corporate Online professional networking is a lawyers in general includes helping growing area of importance for the legal clients achieve their business goals, while industry, serving as an important forum complying with all legalities. for legal professionals to connect, com- I believe that the core of the legal profes- municate and exchange information sion is not only about legal knowledge, between individuals and groups in a but how to apply this knowledge to trusted environment. come up with creative legal solutions and I believe that taking advantage of net- acceptable alternatives for your client. working with local and international It all depends on how you understand peers is one of the best ways to expand and assess your client’s needs to reach a your network and showcase your exper- proper and practical approach. In other tise to a wider audience. words, legal knowledge constitutes only Working on developing your team a portion of the work, but the core members and investing in them is also depends on how you apply this knowl- very important so that they can under- edge while understanding the goal and stand and respond to their professional nature of your client’s operations. roles, depending on each transaction that Additionally, in a law firm environment they’re working on. I always try to give where one of the most valuable assets of my team goals to move towards. I believe the organization is the individual law- that by keeping them well engaged and yers, I think selecting and building your by giving clear roles and close guidance, team members is a key element. they will experience ultimate job satisfac- Being creative, thinking outside the box, tion as well as gain more experience. giving different alternatives and the Also, I think that one of the important proper selection of team members, are all elements to be considered is the need key enablers for delivering a successful to be reachable. The whole point of legal service. networking and developing your legal community is by making sure that you’re accessible to others as a reliable contact. The new generation of young lawyers has fresher minds to benefit from, and certainly with close guidance, they can employ more inventive arguments to clients. I believe that they should be given a chance to learn and develop. The best way to do so is to have a mentor - a senior lawyer-who can guide them along the journey. WWW.THELAW.ME 53

“PLIERTAO’SRCANESLINSE,GAW”REN’RINEGALL 3. Can you tell us about one of your most Also, one of our recent interesting deals 5. What are some of your most impactful significant recent transactions? was acting for NI Capital - the invest- career milestones? ment arm of the National Investment Looking back at last year and the market Bank - under the Ministry of Planning I try not to be a follower, but rather trends, I should say that the pandemic and Economic Development. We acted create my own path as much as possible. definitely played a role in affecting for NI Capital in relation to its full I try to build up a career that is based on market conditions. Despite uncertainty acquisition of Arabiya online for security teamwork, which I personally believe is for economies across the region, Egypt’s brokerage. This acquisition was very very important. M&A framework and capital market interesting as the target was the first reforms were well supported by short- company to obtain a license from FRA to Each member of the team needs to have a term measures implemented in response operate as an online security brokerage goal and needs to know how to cooperate to the economic effects of the pandemic. company. with others to achieve this goal. During 2020 and 2021, we handled several interesting acquisitions and Also, we are advising several local listed For me, each successful transaction capital markets transactions. We advised companies on all their stock exchange during my 16 years of practice was an one of the largest governmental publicly disclosures, listing rules and require- extremely impactful milestone. But, I listed companies on its EGP 200 mil- ments and on all corporate governance must say that this phase of my life is lion capital increase through debt to and FRA requirements. a golden period. Actually, becoming a equity conversion. We were successful in 4. You’ve mentioned that the recent transac- partner at a well regarded law firm like completing this capital increase without tions were in 2020 and 2021, were there any Shahid Law Firm and creating strong any cash by converting retained earn- challenges due to the pandemic? relationships with my clients is one of my ings and we handled all the subsequent main career milestones. EGX disclosure requirements and other corporate governance rules related to As I previously mentioned, the pan- listed companies. demic definitely played a role in affecting 6. In your opinion, what are some of the Also, we advised the Egyptian Iron & market conditions. However, I should challenges that legal professionals face Steel Company - an affiliate of a public say that the business will never stop, nowadays? holding company under the Ministry of but we just need to know how to adapt Public Business Sector - in relation to its to the new way of doing business. The It is difficult to narrow down the chal- demerger plan. We also handled all the engagement with the client is different lenges to just a couple, as there are associated legal work for the horizontal due to the pandemic, and similarly, the many. But, one of the top challenges in demerger of the company’s mining and engagement with the team members is a competitive legal market would be to quarrying business from its other activi- also different. keep your clients always happy by main- ties. This deal was extremely interesting taining the same level of commitment since this company is one of the largest We need to know how to work remotely, and quality and to select qualified team publicly listed companies producing iron we need to adapt to the new challenges. members. and steel, with an approximate capital of Even transactions are different since one EGP 2 billion, working under the Public of the very important elements in any Actually, I think what creates success is Business Sector Law. transaction is the evaluation, and in the when you are able to attract and retain pandemic, we started to see new ways of not just quality clients who are expect- evaluation, which will definitely impact ing more services at lower rates, but also the transaction documents. So yes, it is quality and talented team members who of a financial nature, but the legal team can work together for the best interest of needs to be aware of these technicalities the client. to make sure it’s properly addressed in the transaction documents. 54 WWW.THELAW.ME

7. What advice would you offer the next Practically, we get a lot of CVs every 8. What are some of your long-term career generation of growing legal individuals ready day, and the easy way of doing it is to goals? to rise in the ranks? How would you advise disregard any CV with no experience. them to make it on your own and try to Unfortunately, this happens because large Surprisingly, at this stage, I really haven’t achieve a valuable CV? law firms are mainly looking for someone come to any conclusions about long-term with experience. However, law students career goals, but more of short-term We all get busy, but without professional can optimize their chances to secure job goals. I think most importantly, continu- development, your skills stagnate. Take interviews from big law firms by being ing to learn new things, have a balanced up every opportunity for professional exposed to the legal community and healthy life and progress in my career at a development you are offered. Internships, sharpening their communication skills reasonable pace, while keeping my sanity. seminars, conferences, networking; and legal knowledge. these are all important elements to be considered. I know it’s not always easy for young lawyers to get noticed. We have all been A well drafted CV and a job interview there and we started from the same place, will make the first impression to tell if but maybe we were lucky enough to find that person is, or could be, a strong asset a senior person who was willing to invest for the firm, even without any deep legal in us. I think it’s important now for us to knowledge. Just by having logical think- find young calibres and invest in them, ing and knowing how to properly present which might be challenging sometimes. yourself will you get noticed. Young lawyers who are ready to learn, give effort and time should be, when found, viewed as an asset to any law firm. WWW.THELAW.ME 55

S 1. Being a corporate lawyer in a top tier law tanding out amongst legal firm is surely challenging. Despite the change giants is a challenge that not many are of times, there are always constant elements willing to accept, but that did not stop that contribute to the talent that makes Maha El Meihy from rising within one attorneys on demand. From your point of of the renowned Egyptian law firms, view, what are the necessary skills and pieces Maatouk Bassiouny, where she quickly of knowledge that make an attorney stand in became a senior associate. the top league? As a member of the corporate and mergers and acquisitions team, Meihy I think that there are several types and proved herself as a lawyer and has taken categories of good lawyers; skills can on several important cases during her vary from a technical aspect. A corpo- time as a lawyer. rate lawyer can be technically perfect, She continues to prove herself despite another could be good at communicating the many challenges that the legal with clients. I believe that an outstanding profession holds, and she does so with lawyer is the one that combines techni- expertise, which is why she is chosen as cal and business development alongside one of this year’s Rising Stars. communication skills. 2. It is hard to frame you in one industry as 3. So was it challenging to maintain that your track record is full of diverse deals. In balance between your work life and personal your opinion, what were the most fruitful life? transactions that you oversaw? If I were at any other law firm, that I’m a working mom, and just like I told would have been true, but Matouk my client when I was pregnant that it Bassiouny has been extremely accom- was my first baby, this transaction is modating with me. I have a very flexible similarly also my first baby in my career. working style where they allow me to I have been working on this transaction work remotely. When I was pregnant, since 2018, and it is still ongoing, which I would still go to meetings until the is why I cannot reveal much too much day I gave birth, so on several occasions, information about it. I took my the partners would always tell me that maternity leave and returned to where I didn’t have to physically attend the I am in this transaction. It is in the meeting and that I could attend via video automotive sector, and at the beginning, conference. They would emphasize that it we were just working with the client, so is for my own benefit and my own health, I was conducting vendor due diligence however I would always refuse. I was so and assisting with transactional work. invested in my work and what I do, my Then it got very exciting, I started work - and this transaction specifically - working rather than representing the is my original baby. Wherever I go, they seller, and we started doing all the work, always make sure that I’m in a good doing everything. It’s one of the transac- position and that I wear a mask. tions that I am extremely invested in, it became a part of me. If it’s successful, then I’m successful. 56 WWW.THELAW.ME

RISING 57 STAR Maha El Meihy Senior Associate at Matouk Bassiouny & Hennawy Interviewed By : Rawan Magdy WWW.THELAW.ME

Rawan Magdy from THE LAW Interviewing Maha El Meihy 4. The position of a senior associate reflects 6. With enough experience, you eventually 7. In a competitive market, what makes you experience and planning. How did your decided on specializing in corporate law. Why maintain your career level? Especially after career and personal planning change in did you choose the corporate practice? And the change of landscape after the covid-19 conjunction with the position? what are the major factors that made you outbreak. The more I grow in the field, the more I prefer a law firm over an in-house position? I was very fortunate to close around three learn. As I grow in the firm I also start Exposure. Everyday I go to the office, it deals during the first month of the pan- working on more important and exciting gives me exposure. It gives me a chance demic. I worked more than I have ever projects. I make sure that I focus on cli- to work on three to four deals that are worked, I was surprised by the amount ent relationships and achieve their goals. totally irrelevant to each other, unlike if I of work that I put in. I practiced a lot of So, with my senior position I started to was working in-house for the same com- different skills as it was a very fortunate develop more direct relationships with pany. I would have been doing similar year for me. the client. things in relation to the same industry, 8. In a nutshell, what is the most intriguing 5. Recognition is a constant in your career, but working for various industries is aspect of corporate law practice? And what is what does the rising star award mean to you? good for lawyers especially at the begin- the challenge of the practice? The rising star award foreshadows what’s ning of the career. So, I must make sure The worst thing a corporate lawyer can yet to come. It’s the beginning of the that I develop good knowledge and good face is working so hard on a case and as it most exciting work, and it shows how technical skills while dealing with the approaches closure, it sadly doesn’t much my hard work has been paying off clients and handling problems in general. happen, and I try to maintain it as much as I start to inhibit more senior positions. Because at the end of the day, the client as possible. I usually try to overcome comes to us when there is a problem. these by having faith and hanging in there. 58 WWW.THELAW.ME

“THE MORE I GROW IN THE FIELD, THE MORE I LEARN” I’m always thinking of something to 59 advise the younger lawyers whenever they come to work and join us. I would say that the only constant piece of advice is that they should always work hard. And whenever you work harder, it always pays off. WWW.THELAW.ME

SRTISAIRNG Andrew Afifi Associate at Afifi Law Office in Association with Dentons Interviewed By : Yassmin Soliman N ew lawyers enter the legal field everyday as young practitioners eager to participate in the market. They are forced to keep up with the esteemed lawyers around them and prove their abilities. To some, they were able to grow and stand out among their peers, just like Andrew Afifi, who joined Afifi Law Office in 2019. His legal excellence is already prominent and his experience is quickly growing. Afifi is one of the recipients of the Rising Star award through his work in the business litigation field with both Egyptian and international clients. 60 WWW.THELAW.ME

1. What makes you stand out within the legal 2. The industries that Afifi Law Office 3. So, do you believe that litigation is one of profession? practice here are quite complex and rare in the hardest industries of law that we have? industries, can you tell me how you managed The legal profession is on the rise, to step into these fields at a young age? When you come to think of a lawyer, whether we refer to attorneys, law firms, you instinctively relate it to appearing in private sector or governmental entities. The industries here at the firm are court, but there is more to it than that. diverse and this was a great opportunity Litigation is quite complex, it requires How I grew up really facilitated my for me to get involved in many practice intense studying and application of the career path; having my father as my areas to help develop the area I would law, negotiation skills, writing skills, ultimate role model helped me work specialize in. perseverance and most importantly towards rising in the legal profession. thorough knowledge of the case. Being involved in complex litigation, When I attended university, I was deter- corporate, M&A, aviation, employment We come to see that there is a massive mined to excel in both education and and capital markets really helped me number of lawyers litigating cases, but sport, which brought forth a great deal of accumulate an idea about each area. This only a few stand out. When one comes to motivation. I always tried to be different, added to my knowledge and enhanced be involved with litigation, there is more and I believed that it took more than my ability to conduct business on a wider to it than just attending a hearing and studying to be a great lawyer. I believed scale. I was always keen on working in submitting documents. There are ways to it was all in the head, it’s all about the most practice areas, invalidate a case, file injunctions, request mindset which directs you towards your for adjournment, request an expert, goals and sets out your career path. I knew that I had to interact with appeal the ruling, overturn a judgement, professionals in different areas to be file counterclaims and even question the I am open to learning from everyone and involved, grasp knowledge and enrich my impartiality of the judges. So, there is a I stand by the fact that no one gets old or skills. It’s crucial to mention that being lot of give and take, which really creates good enough to stop learning and gain- surrounded by a great team of profes- a competing stance. ing knowledge, because it’s the only asset sionals that are keen to push you in areas that no one can ever take away from you. outside your comfort zone really helps Therefore, I would say litigation is richer It’s always so fascinating watching how you excel and love the job. and more complex, rather than harder, attorneys are passionate and augmented since it requires so much enthusiasm with a competing stance, which really I was told that litigation is the door about the law. makes all the difference. At a young age, looking into all other industries, and that excelling in this practice area would 4. Can you tell us about one of your most I decided that I wanted to make an help enhance and develop skills to master significant recent transactions? impact in the legal field, whether it other industries. For instance, I was comes at an early stage or later in the involved in litigating a case that involved We recently established a joint stock future. Having said that, since the day researching four different laws, relating company with a capital of EGP 500 I stepped foot in the legal field, I was to four different industries. Thus, by million, simultaneously, we secured determined to make that happen. virtue of litigating this case, I developed an investment from Exim Bank in the knowledge about other sectors, which amount of USD 33 million. will surely be beneficial in the future. It is always interesting to see this sort Personally, I believe that being a great of investment in Egypt taking place, litigator will always give an edge to demonstrating a positive indication that excelling in other branches. venture capital and the economy are on the rise. I have recently been involved in the submission of a joint venture agree- ment for a leading automotive company with a leading sound system corpora- tion for a pre-issued capital of USD 1.4 billion for the sale of the majority of the company shares. I was also involved in the submission of a 100% acquisition of a UK-based electric motor company, on behalf of a leading automotive company, which will gain access to a unique axial flux motor technology and expertise to develop next generation ultra-high- performance motors. It’s always interesting to work with dif- ferent multinational corporations and to grasp the smallest details of any transac- tion in order to master how different forms of transactions take place. WWW.THELAW.ME 61

Yassmin Soliman from THE LAW Interviewing Andrew Afifi 5. What are some of your most impactful 6. In your opinion, what are some of the For lawyers, we can clearly see that career milestones? challenges that legal professionals face competition is becoming fierce and new Everything started when I attended law nowadays? How would you suggest that they talents are on the rise everyday, and one school in the Netherlands. It was very overcome these challenges? must deliver and keep striving to reach competitive and only a few were able to The legal profession is undoubtedly and maintain the qualities as a leading secure credits for the following year. growing, thus it’s not limited to lawyers individual. This is evidenced with the I worked hard to make sure that I would only. We have judges, public prosecu- rise of many firms, thus demonstrating successfully obtain my degree. As soon tors, law firms and more. The question the competition and adjustment of each as I was done with law school, I started of impartiality of judges draws a major and every one to stay in the lead. my LLM in Paris 1 Panthéon-Sorbonne and concern and thus emphasizes a this really encouraged me to apply for my challenge that judges face nowadays. PhD. It was incredibly challenging that Lately, we recognize that judges are I had to switch my PhD topic during the facing cases that relate to public order, pandemic strike in 2020. morality and values, and surprisingly Everything was slow and no one could they are appealing to the interest of travel so I had to delay it until early this many, especially those outside the legal year when I managed to submit two top- society. I think it’s a major challenge for ics for my thesis, and they got approved. judges to uphold the principles that we Soon I will be conducting the final stages are governed by, regardless of what the of defending my thesis by the end of the public opinion is. summer. With regards to the public prosecutors and the recent developments, publica- tions and announcements made with regards to cases of public interest, the challenge increases as investigations are becoming more accessible, whether on television, news and/or social media. 62 WWW.THELAW.ME

“FOR SOMEONE TO BE SUCCESSFUL THEY SHOULD BE WILLING TO FAIL” 7. Can you tell us about an adjustment that 8. Do you find that your clients are more Legal professionals are involved in the you made that clearly benefited your clients? satisfied with this method? most prestigious positions within the I have been practicing law for nearly two country, if not the region; therefore, we years post-graduation. Of course, covid As a matter of fact, so far this approach need to make sure that there is equal had some negative impacts, but I man- has been successful. Sometimes clients opportunity coming with a refined aged to focus on the positive side during don’t see it, because they are driven by system. that time. one objective, but having a client that 10. What advice would you offer the next I have recognized that when clients trusts you with their business operation generation of growing legal individuals ready come for legal advice, they tend to focus makes all the difference. It’s imperative to rise in the ranks? on the situation as it is. They are more to point out that one of the main quali- You should be pushing yourselves and concerned with dismissing a claim or ties of a lawyer is to be compelling when others around you to be great. Being part concluding a transaction; the main goal he/she takes the initiative to implement of a young generation, I have person- is to secure a successful outcome. an idea. ally experienced and seen that many are However, I started to look at each matter 9. What are some of your long-term career afraid of failing. from a different perspective, one that goals since you have already finished your But some don’t recognize that failing could secure the same result in an expe- bachelor’s and master’s degrees and you are is part of the process of growing and dited route, or even one that could secure working on your PhD at a young age? becoming successful. And so, when one a bigger investment and can benefit both I am currently working on my PhD in becomes successful, he/she becomes more parties to the transaction. It’s always parallel with practicing law. I have always comfortable in embracing their previous important to show your skill and knowl- said that I wanted to revolutionize the failures. But until then, failure is driven edge in your work, and not just follow legal industry. in the wrong direction. So out of person- the ABCs of the matter. I think this gives It’s a complex procedure that requires the al experience, I would say that it’s okay a lawyer an edge, setting him/her apart input of many, varying from profession- to fail, in fact you should fail in order to from everyone. als in the legal society to governmental learn from this experience. Of course, at the end of the day, the entities. This includes raising the bar Because no matter how many times you most important aspect is the client’s when it comes to applying for law school, fail or how slow you are progressing, you satisfaction, but I think this could also having an entry exam to the Egyptian bar are still ahead of those who aren’t trying. be achieved and assured if things were association. The legal system should be conducted from the perspective of a much more refined to enhance its impor- lawyer and not only the client. tance in the legal society. We need to raise the bar with regards to the accep- tance rate for law schools in Egypt. The system deserves to experience a transformation into a sophisticated direction, stepping foot in an unparal- leled path to enhance the quality of education that is transferred to the younger generation. WWW.THELAW.ME 63

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OIL & GAS INDUSTRY PLAYERS CONVERTING to Renewables Amid the Covid-19 Crisis Farah Elleuch Meziou & Elleuch Law Firm From a tax standpoint, the impact of Many countries, after Covid-19 became Covid-19 on oil and gas companies the new norm, reaffirmed their com- has led to loss planning, tax residency mitment to climate goals in their recent changes due to travel restrictions, and economic recovery plan, which has led transfer pricing adjustments to deal with to many oil companies taking a step (or lower earning more) to add a ‘green touch’ to their exist- expectations. ing business models. For the latter, many B instruments have been deployed, includ- The resurrection of Oil and Gas ing the horizontal joint developments companies: the trend of renewables projects between oil companies and renewable developers, vertical agreements between Amidst the crisis, some National Oil NOCs/IOCs and oil services companies Companies (NOCs) with uninterrupted aiming to widen their scope and also to cash flows and strong asset bases survived gain in scale by getting governments’ sup- the dramatically falling demand and port by engaging in the global eco-centric ackground: Covid-19 crisis and could face the incurred losses without decarbonisation efforts. consequences on the Oil and Gas industry changing their strategies. However, oil and gas service companies acting at Other categories of oil companies might Amidst the Covid-19 pandemic, crude an international scale and that were be taking bold decisions by investing petroleum prices have dramatically already facing difficulties essentially consistently or converting totally to dropped, especially during March and due to governments’ pressure to ensure renewables. Project finance has been April 2020, when crude petroleum was an energy transition have been required the key motivation to these companies, trading at a negative price. to engage in strategic changes. Changes entitled to create special purpose vehicles included bankruptcies, restructuring and to carry out renewable projects on a new Such a massive petroleum price plunge mergers and acquisitions practices. While balance sheet and separate liabilities.Not was the result of a combination of the companies with colossal debts went to only governments are pushing for decar- falling demand due to worldwide lock- court, declared bankruptcy and preferred bonisation, but also central banks and downs, decrease in human movements, to restore what remains of their assets, international financial institutions (IFIs) whether between the countries or within other companies decided to act in a are encouraging financing of renewable each country, and of diminishing stor- more positive manner and went through energy projects. age space due to the oversupply. From a restructuring or mergers and acquisi- legal standpoint, the tremendous drop in tions. However, it was quite challenging In the first quarter of 2021, important petroleum prices resulted in contractual to build a commercially-fair deal in such new projects related to the energy transi- emergencies. a damaged market. tion and renewable energy generation have been announced by oil and gas On one hand, companies executing On the other hand, many other compa- groups around the world. supply and/or services agreements were nies including big names with integrated facing force majeure events, hardship scopes (upstream, mid-stream and down- Forecasts on the returns on investment situations and even, when relevant, some stream), have chosen a more efficient for some of these projects remain unclear. companies were compelled to go to court path, which leads to change towards Hence, on the long-term, the change in for breach of contract actions based on renewable energy. This practice did not the existing business model, especially the frustration of purpose. specifically emerge with Covid-19 as the of oil and oil service companies, will oil and gas global market was already perhaps help the resurrection of the most On the other hand, oil and gas compa- being disrupted before the Covid-19 cri- injured companies from the Covid-19 nies and service companies had to make sis by decarbonisation plans and energy crisis, as there is confidence in a sustain- crucial decisions about cost cutting, transition targets. It is only after Covid- able decarbonised future. which led to a huge employee termina- 19 hit that the change to renewables tion wave. became a widespread trend. WWW.THELAW.ME 65

Public Law: THEORYversus PRACTICE Dr. Sarah Ghorab Public Law “Tactics?” Assistant professor -Public Public law is a mandatory class at uni- law department - Alexandria versity level; students are introduced to University/ GUC different aspects of Public Law through a comparative analysis. That, in a way, “IN QUESTIONS OF POWER, LET NO MORE BE unleashes their analytical and critical HEARD OF CONFIDENCE IN MAN, BUT BIND HIM skills towards the recent issues facing the DOWN FROM MISCHIEF BY THE CHAINS OF THE globe and the state policies in responding CONSTITUTION,” to them. Practitioners - Thomas Jefferson, founding father & third president of the United States of America. Public law is an interesting area for law graduates. On the national level, a pro- fessional in public law, who has a genuine interest in the executive, can work in fields such as litigation (e.g., a judge or an attorney), regulatory work, legislative drafting and advocacy, policymaking, etc. On the other hand, individuals who have an interest in the field may join political parties towards political participation and political activism (state’s policies). T The former thus includes: constitutional It is significant to question the unique- law, administrative law, criminal law, ness of international law by pointing out tax law, environmental law, public that constitutional law in fact shares all international law, and international the aspects that are intended to make humanitarian law. international law so questionable. It should be noted that the traditional All laws underpin the pillars of a modern international/domestic difference might legal state-promoting rule of law, which obscure what is, for various objectives, a is a fundamental principle meaning “abso- more crucial and procreative conceptual o elaborate upon the theme lute supremacy of regular law as opposed to divide. That divide is among ‘public law’ of this edition, a light must be shed on the influence of arbitrary power or even wide schemes like international and consti- the academia of law. As public law entails discretionary power on the part of tutional law that signify and govern the various branches of law brought together government,” Jurist and Author Albert behavior of states and governments and for the public good, it is worth highlight- Dicey said. ‘ordinary domestic law’ that is managed ing its importance from the perspective by the state public institutions. of a scholar to convey knowledge to Several factors measure the Rule of Law young practitioners. performance in a state, inter alia, con- During the time of COVID-19, govern- straints on government powers, absence ments around the globe have requested to Public Law and Rule of Law of corruption, transparent government constrain the behavior of private citizens fundamental rights, order and security, and groups in ways that many nationals Public Law is concerned primarily with regulatory enforcement, civil justice, and residents could not have anticipated. the public sector in the sense of regulat- and criminal justice. In assessing Egypt’s These policies caused many people to ing the powers of the institutions of the rank according to the 2020 WJP Rule of ask: Are these restrictions constitutional? state, how they relate to each other and Law Index, one finds the urge of working Does the government have authority to how they relate to individuals. On the on both educational and practical levels make these rules? How much regulation other hand, private law deals with the to enhance the state’s position, which is too much, and can we do anything to matters particularly related to individu- in turn benefits individuals’ rights and avoid these constraints? als’ private interests. freedoms. 66 WWW.THELAW.ME

Female Judges Moataz Aidrus And Prosecutors : Pre-Trial Judge At State HOPES and Of Council Egypt CHALLENGES A Cultural Reform or Legal Reform? lthough the declara- To reach female empowerment in Egypt’s judiciary, tion of President Abdel Fattah Al-Sisi of legislative reform alone is not adequate, and cultural appointing women as judges in the State reform needs to be executed in parallel within Council and prosecutors in the Public the judicial community. However, some of the Prosecution is considered a great step examples that may seem ridiculous and have towards ending long decades of discrimina- great influence in the mentality of judges tion against Egyptian women, there are is that the Judicial Authority Law still many obstacles and challenges along the contains the sentence “men of the way. Some of these challenges include the judiciary”. mechanism of appointing the female gradu- Statements of the sort affirm the ates since the 2014 constitution, in addition patriarchy of the Egyptian judi- to the fresh graduates of the recent years. ciary and should be amended to Also, the readiness of the members of the be as follows: “members of the two judicial entities to welcome women as judiciary”. Such steps need to be colleagues, and in some cases as superiors, taken to assure the normaliza- especially since both entities spent decades tion principle of inclusiveness rejecting the appointment of women due to within the judicial institution. many excuses. One of these excuses is that the Islamic The Newly Established Sharia’a forbids appointing women as National Training Academy judges. This is despite the fact that in 2006 (NTA) Grand Mufti Sheikh Ali Gomaa said that appointing women as judges does not Cultural reform must be violate Islam. achieved through con- Another excuse is the absence of the tinuous education to the adequate logistics and the necessary infra- members of the judiciary. structure in courts to welcome women as To achieve proper judicial members in both judicial entities. However, education for both newly women represent 43% of the members of the appointed members and cur- Administrative Prosecution rent members, the newly Authority, and 20% of the State established National Training Lawsuits Authority. Academy should be the sole However, it is obvious that the abstention training academy for all members of the of the two judicial entities from appoint- judiciary. It should offer wide education pro- ing women is for cultural reasons and the grams that include gender equality, public rights absence of strong will to welcome women in and freedoms, social inclusiveness as well as the such positions. appropriate understanding of Islam. WWW.THELAW.ME 67

Mostafa S. Selim Judge VIOLENCE AGAINST WOMEN SPECIALIZED COURTS: A JUDICIAL GENDER-BASED LENS IN EGYPT T coercion, or arbitrary deprivation of The Gender Inequality Index of Egypt is he United Nations liberty, whether occurring in public or in 134 out of 153 countries as per the 2020 Population Fund (UNFPA) defines private life.” Violence against women and World Economic Forum Report. gender-based violence against women girls is the most omnipresent violation For the first time in Egyptian consti- (GBVAW) as “any act of gender-based of human rights worldwide, and Egypt is tutional history, the 2014 amendments violence that results in, or is likely to not an exception to this epidemic. focused on the phenomenon of violence result in, physical, sexual or psychological Every year, 7.8 million Egyptian women against women in a special and direct harm or suffering to women and girls. experience all sorts of violence, whether way, as its eleventh article explicitly This includes threats of such acts, it is committed by a husband/fiancé/ stipulated: “The state commits to the protec- partner, family member(s) or stranger(s) tion of women against all forms of violence, in public areas. 36% of ever-married and ensures women empowerment to recon- women between the ages of 15-49 have cile the duties of a woman toward her family suffered from physical violence. and her work requirements.” This would Around 92% of Egypt’s female population give significant momentum to efforts were subjected to female genital mutila- to combat the phenomenon of violence tion (FGM). against women in Egypt. 68 WWW.THELAW.ME

There are several international obli- violence against women cases, ought to court system that deals with criminal gations laid out by international process cases more quickly and efficient- cases of violence against women at the conventions about gender-based vio- ly, and will be able to identify repeat felony level (to encapsulate rape, sexual lence against women. These include offenders and punish them accordingly. assault, kidnapping, human trafficking, the UN Department of Economic and This will directly lead to decreasing the and cases of the sort), as well as dealing Social Affairs Handbook for Legislation burden of victims and achieve both pub- with domestic violence and family court of Violence against Women, and the lic and private deterrence for violence cases. UNODC Handbook for the Judiciary on against women offenders. Effective Criminal Justice Responses to These courts need to adopt a victim- Gender-based Violence against Women That being said, we must acknowledge based therapeutic approach, allowing and Girls. Therefore, the Egyptian that GBVAW specialized courts prac- the capture through a gendered-lens the Judiciary adopted a new practice of cre- tices are still far from perfect. Having horrid nature of systemic gender-based ating new specialized courts for violence a concentrated number of judges solely patriarchal oppression that is hiding against female-related crimes in all of dedicated to the entirety of violence behind the guise of false masculinity Egypt’s Elementary Courts based in each against women raises the concern of and misinterpreted religious verses. That governorate of the republic. overworking these judges. Also, lack of injustice is something that women and special training and adequate funding girls are subjected to everyday. Set at the criminal misdemeanor level, could lead to counterproductive results these courts specialize in violent crimes towards keeping the victims safe, holding This much needed update of the model that usually target women and girls. offenders accountable and improving strategies and practical measures of While there is not an official legal guide the judicial system response towards GBVAW specialized courts will rein- that specifies the cases handled by these violence against women. Finally, there is force genuine victim understanding, specialized courts, practical examples a risk of these courts being marginalized capture the dynamics of victimization include bullying, discrimination, insult and stigmatized as a court that handles and underpin trauma-informed reac- and slander, forced labor, minor or ‘feminine, family, petty crimes,’ rather tions. Adequately trained judges in a underage marriage, etc. than one that deals with ‘real’ crimes. victim-centered judicial institution will guarantee more equality, more balance It is undeniable that this new judicial Various efforts have been put into place towards the rights of the defendant and practice marks a very important mile- to eradicate these concerns. Multiple the victim, less condoning of stereotypes, stone in combating violence against training sessions and workshops have and promoting offender accountability. women in Egypt. It agrees perfectly with been co-administered by the Egyptian a The UN Handbook for Legislation on judiciary and the UNODC to Egyptian Violence against women is a pervasive Violence against Women recommenda- Judges, Public Prosecutors, and Police social problem that affects millions of tion that laws should “provide for the Officers. The Public Prosecutor’s Office Egyptians. Its prevention is critical to the creation of specialized courts or special has issued and distributed a Violence collective wellbeing of our society. While court proceedings guaranteeing timely Against Women Handbook to Public the violence against women specialized and efficient handling of cases of violence Prosecutors. courts provide a very important gen- against women.” dered-judicial lens in the battle towards However, there is still a long way still gender equality, improving and expand- Scholarly evidence suggests that spe- ahead of us towards perfecting the ing this model is much needed in order cialized courts are more effective and Egyptian model of GBVAW specialized to eradicate one of our society’s most responsive in the enforcement of laws on courts. A serious expansion of the model damaging and long-standing evils. violence against women, given that they application should be put into place, are provided with adequate resources. starting with GBVAW police stations, Specialized courts’ judges and personnel GBVAW prosecutors. We should then are believed to be more gender-sensitive, move towards having our specialized competent and experienced in deal- courts not only handling cases at the ing with the unique characteristics of misdemeanor level, but also an integrated WWW.THELAW.ME 69

CONTINUING EDUCATION ABROAD S English proficiency level, adequate prepa- ration for the IELTS exam is a must. One of the resources that I would personally recommend is a YouTube channel called ‘Learn English with Emma’. tudying abroad is undoubted- ly one of the most fundamental building Secondly comes the personal essay. blocks that shapes résumés in the Arab Admission officers read thousands of World because it widens students’ hori- essays daily, so you really need your essay zons and cultivates their independence to stand out. Make sure you prepare and personalities. several drafts, run it by multiple people, get feedback, refine and repeat. Replicate Studying overseas can be a particu- this process until you feel comfortable larly phenomenal opportunity to offer that your essay is coherent, mistake-free scrupulous knowledge on specific con- and most importantly, real. centrations of law and some hands-on practice as well. Thirdly, there is the interview. There’s a secret tip to having a great interview, I would personally recommend a help- which is – yes, you guessed it right – ful website called LLM-Guide.com that rehearsal. Practice in front of the mirror, will help you brainstorm your area of in the car, with your friends, while wait- specialization. ing in line; just practice, a lot. However, we all know that financial Once you get accepted into the program restrictions can bring up some you will need to decide where you’ll concerns about taking the decision to live. I personally recommend staying at study abroad. Luckily, there are many the dorms for many benefits, including scholarships in Egypt that offer excellent security, proximity to the campus, and opportunities for postgraduate degrees. having students around who support you There are generally two types of scholar- whenever you feel homesick. ships; scholarships that are provided An imperative part of the experience is from the university itself, which are learning about the new culture, it is a usually partially covered scholarships. good opportunity to allow one not only There are also fully paid scholarship pro- to restrict to a single set of ideologies, grams, which sponsor multiple students but also to figure out a totally different into different tracks of study, such as style of ideologies. Enroll yourself in Chevening, Fulbright, Qalaa Foundation, clubs/groups, do volunteer work, and and many more. shuffle your groups so you connect with Since fully paid scholarships typically more people and enrich your cultural sponsor multiple students at the same exposure. time, I advise you to apply for reason- Once your study abroad program comes ably priced universities to increase your to an end, stay in contact with your chances of getting accepted into the international friends as they may turn scholarship program. out to be promising professional contacts sometime in the future. Each university and scholarship program In conclusion, a study abroad journey comes with a unique set of eligibility will definitely equip you with a power- Mohamed F. Sharaf prerequisites. Yet, three of these prereq- house of skills and talents that will help Judge at Court uisites are common across all: the English you become a more independent, open of First Instance placement exam, the personal essay and and a better-rounded individual. the interview. Firstly, there is the English placement exam, where regardless of your 70 WWW.THELAW.ME

INTERNATIONAL CRYPTO CURRENCY and Smart Contract Disputes THE BENEFITS OF THE Paul Sills SINGAPORE CONVENTION Mediator | Arbitrator | Barrister T The legal jurisdictional issues include The Singapore Convention now means he United Nations the following: that mediation can also play a significant Convention on International Settlement • Which law applies to agreements role in the resolution of international Agreements Resulting from Mediation between the parties using a blockchain? disputes involving novel digital technol- (the Singapore Convention) has an • What forum can be used to address any ogy and its fintech applications. important role to play in international disputes arising from transactions using In compliance with the idea of self- disputes involving distributed ledger novel digital technologies? governing decentralised commercial technology (DLT) and smart contracts. • How can any dispute agreement transactions, mediation can be used by DLTs (commonly referred to as block- reached between the parties involving the parties to reach a consensual com- chain technology) may have the potential a DLT or smart contract be enforced mercial resolution for disputes, and in to revolutionise business operations by internationally? doing so address the 4 jurisdictional improving things such as security, speed • Which legal system applies to a smart issues identified above. and reliability, but what happens when contract or blockchain transaction? Provided the dispute is considered there is a dispute? Because of the decen- Many jurisdictions are turning to international in accordance with the tralised nature of smart contracts and arbitration to address these questions terms of the Convention and the parties DLTs, both the users and the servers on – particularly relying on the New York are resident in countries that are signa- which the technology is housed can be Convention as a means of ensuring that tories, then mediation can and should located anywhere in the world. any awards can be enforced in signatory play a significant role in the resolution of This leads to a number of complex legal countries. blockchain disputes. questions around how disputes involving Also, arbitration provides an oppor- Advantages include flexibility of process, this technology can be resolved using tunity for subject-matter experts to confidentiality, speed and use of technol- existing regulatory frameworks – both be appointed as arbitrators. See, for ogy (online mediation). The Singapore international and domestic. example, the Digital Dispute Resolution Convention also addresses two other Rules published by the UK Jurisdiction key issues that arise in all international Taskforce that deal specifically with the disputes: recognition and enforceability. status of cryptoassets and smart contract disputes. WWW.THELAW.ME 71

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BEFORE IT’S TOO LATE: Missing Laws in the Real Estate Sector I Moreover, having one entity, such as the Mostafa Adel n Egypt, the real estate sector Ministry of Housing or the Ministry of General Counsel at is one of the most long standing vital Planning, as the sole authority imple- pillars of the economy. Over the decades, menting this law is a must. Imkan Misr Egyptians, followed by foreigners, have The seller and the buyer can conclude expressed unprecedented interest in the transaction before a single govern- Escrow Accounts investing in real estate, whether residen- mental authority. The proof of ownership Very few Egyptian banks offer escrow tial, commercial, or administrative. would be a title deed for the property, accounts services to corporations, and For Egyptians, this investment comes clearly listing the property’s details not for all transactions. For individu- second, and sometimes first, to purchas- (for example, type, location, size, serial als, banks rarely offer escrow accounts ing risk-free bank deposit certificates. number, any related consequential rights, services to individuals. Escrow accounts Despite the turmoil Egypt has faced i.e. mortgages). Buyers would not have to would reduce the number of fraudulent since the 2008 global financial crisis until file a validity and enforcement lawsuit. transactions in the real estate market. the COVID-19 pandemic, reports show Instead, they would go to one govern- For example, in recent years, people have that Egypt’s real estate prices continue mental entity and demand registration. been selling their properties through a to grow. NUCA Requirements power of attorney (POA) allowing the However, sector growth is accompanied The New Urban Communities Authority buyer to sell to oneself and others. The by many issues; uncertainty, conflict, and (NUCA) imposes - rightfully so - POA is not a sale, but the issue lies in inevitably, legal disputes. Egyptian courts several obligations on buyers, who in granting the buyer the right to sell the review countless lawsuits related to real many cases are developers with different property several times to others, and the estate transactions every year. More often profiles. The bottom line of such obliga- first seller would eventually take the legal than not, those lawsuits are not neces- tions is that the buyers have to develop responsibility. sarily legal disputes but procedural cases the purchased plot per some standards Many countries have adopted this ser- like signature validity lawsuits as well and pay the purchase price to NUCA vice. Some countries, namely GCC ones, as validity and enforcement lawsuits. To within a certain period. Until then, no took it a few steps further. They make address this issue, we must have several proprietary registration will be allowed. real estate developers deposit their sales laws and regulations in place. However, this obligation means that proceeds in an escrow account in order Ownership Registration the secondary buyer is taking on two to allow the banks to supervise and Over the past few months, uncertainty risks. The first risk is the seller (or the even control the developer’s spending to arose due to the recent amendments to developer) not building the property as ensure that it’s directed to the relevant the Notary Public Law no. 114 of 1946. promised. The second risk is the latter project construction operations. Offering Despite the goals of such amendments, not fulfilling his obligations towards this service to individuals will increase the attention leading to a vast public NUCA. The first risk is natural in any secure transactions and reduce fraud. debate wouldn’t have occurred if clear, mutually binding contract, since there Conclusion simple ownership and proprietary regis- is always the risk of nonperformance. The real estate industry is the backbone tration laws were in place. For example, However, the second risk is far more of of the Egyptian economy. To date, people a law stipulating that each property, a burden than the secondary buyer can misconstrue the Notary Public’s role or regardless of its nature, should have the control, since they are risking something the purpose of the signature validity law- same registration process and its serial challenging to demand proof of or track. suit. Therefore, more legislative clarity number or ‘National ID’ would eliminate Moreover, large-scale developments and government interference to facilitate several concerns. would take years to meet such a require- concluding transactions will add more ment, and several unregistered resale stability to the market. However, the transactions within the project would fees must remain minimal to encourage have taken place. Therefore, NUCA concerned parties to engage while add- should consider allowing proprietary ing a guaranteed revenue stream to the registration for secondary buyers even government. if the original buyer or developer is still performing their obligations towards NUCA. This step would add confidence in the real estate sector and encourage new developers to engage in the already fierce competitive market. WWW.THELAW.ME 73

With GROWTH Efat El Sherif Comes DISCOMFORT: J.D. and B.C.L. Candidate at McGill University Lessons From Law School in I remember staring at my screen a Foreign Jurisdiction came a challenging academic curriculum: at McGill, you study both the common and the civil law simultaneously in a transsystemic environment and you eventually graduate with both a JD and a BCL. But the biggest challenge for me was know- during the awards ceremony at the 28th ing that I was surrounded by brilliant and accomplished minds. Willem C. Vis International Commercial From the get-go, I was uncomfortable to speak in a class of 100+ Arbitration Moot – my name was on students, in a foreign language… about Canadian constitutional law there, coupled with the text “third run- (I knew very little about Egyptian constitutionalism to begin with). ner up for best individual oralist”. My You feel the spotlight is always on you and you would rather stay quiet feelings oscillated between surprise and than to make a grammatical error or voice your opinion. The imposter joy (and more surprise!) but my proud syndrome is very real. moment came from the fact that an Egyptian finally landed this award, When I would second guess my potential, a friend of mine would reas- and that that Egyptian was me. sure me that the “right room isn’t comfortable”, and this was probably the best piece of advice I was given. A couple of months in, I decided I was introduced to the Vis to put myself out there and to change the narrative in my head. Instead Moot for the first time when I was of feeling overwhelmed by my peers, I was inspired by them. I started interning at the Shalakany Law Office reaching out to my professors, not feeling embarrassed about asking prior to attending law school at McGill the questions that would seemingly have “obvious” answers University. I would see the strenuous ” when I couldn’t grapple with concepts that didn’t make effort exerted by the law students and sense to me – and I am happy I did. I also realized that their coaches in preparation for Vienna. my Egyptian background is the backbone of my poly- I would have never anticipated that fast- jural approach to law. Having been raised in Egypt forward a couple of years, I would be part of provided me with the requisite global mind- an incredible team myself eventually winning edness and culture sensitivity that have an award at Vis. Dreaming about an award at the proven very useful in the classes, activities, Vis was - for me - the law student equivalent of and practice areas that interest me (yes, dreaming about an Oscar. international arbitration is definitely on that list). I feel that as law students studying in a foreign I guess all this is to say that as law stu- jurisdiction we have a tendency to downplay dents studying in foreign jurisdictions, our potential and capabilities. Although McGill we shouldn’t be afraid of being flexible University was my first choice, with that choice to change and to view discomfort as an opportunity for growth. Perhaps the next Egyptian law student to place at the Vis Moot will not be surprised at their win as I was. 74 WWW.THELAW.ME

HIGHLIGHTS ABOUT The Decree Of Protection From Domestic Violence M Violence Is Not Just Physical Jihane Aroufi The law is not limited to criminalizing legal Advisor - Women physical violence only, but rather set out News Agency ambassador three other categories that it added to physical violence: psychological, sexual This includes the obligation to not orally and cog- and economic harm. face or endanger the victim and to not nitively, modern and developed societies approach the places designated for his strive to eliminate crimes of all types and or her protection, which are mentioned to exclude them from the circle of inter- in the protection order. These measures actions between all groups of society, remain enforced for 30-60 days. especially families. Punishment Or Reconciliation? The family is the nucleus of society, The provisions of the law range between as it leads to growth and sophistica- the principle of punishment for commit- tion, and at the same time it could ting the criminal act, and the principle lead to decline and destruction. of forgiveness and reconciliation. Thus, Therefore, issuing special leg- giving space to the family members to islation to protect it is a very restore the relationship between them. necessary matter stemming from The penalty in this decree ranges from the dichotomy of deterrence imprisonment for a period three to six and protection, and translated months and a fine between DHS 1,000 into the elevation and humaniza- and 10,000. This occurs if the perpetra- tion of the legal system. tor violated the protection order issued by the Public Prosecution or if he or Consequently, the United Arab What connects these three categories are she committed any of the criminal acts Emirates issued Federal Law No. 10 the results and effects of the violent act stipulated in the decree. of 2019 regarding the protection from which result in moral, physical, mate- The decree also referred the criminal domestic violence. The law was issued rial, or sexual harm. These methods of offenses to the provisions of Law No. 3 on August 29, 2019, and it will be imple- harm cause a person to lose the feeling of of 1987 relating to penalties. The penalty mented starting from a date that will safety and reassurance as well as con- is also doubled if the perpetrator repeats be determined by a decision from the stant endangerment to their mental and the domestic violence offense within a Cabinet. psychological life. year. The decree contains 13 articles that tackle The Role Of The Public Prosecution As for reconciliation, the decree referred many axes, including the aims of the The law gave the Public Prosecution the this procedure to the provisions of the decree, the concept of violence, penalties authority to issue the protection order Criminal Procedures Law within the and reconciliation. on its own or upon the request of the vic- penal reconciliation chapter. This relies The provisions of this decree shall apply tim to deter the violent act and protect on the idea of amicably ending the dis- to domestic violence crimes issued by a his or her body, soul and money. pute and ending the criminal proceedings family member against another member or stopping the implementation of the of their family. Family members include ruling issued therein, depending on the ancestors, or relatives of lineage of inter- circumstances. marriage to the fourth degree, or persons We believe that this decree reflects the included in the custody of an alternative development of the legal system in the family member. United Arab Emirates, as it emphasizes the importance of all segments of society This decree came as a form of protection This law came with indicative - not and their equality before the law. It also and deterrent to all harmful practices exhaustive - protection measures that preserves the societal fabric by putting to the family that affect physical invio- must be taken by the Public Prosecution an end to violence in the home, as well as lability and mental health related to the when needed. in the public domain. family, women and children. WWW.THELAW.ME 75

Akasya is a catering company based in Cairo that offers Event coordination and Cuisine for weddings, Holiday parties, corporate events and private dinners by professional chefs. Instagram: https://instagram.com/akasya.catering contact us: +01114444713 76 WWW.THELAW.ME

LAW FIRMS NEWS 1 The consortium of El Sewedy 2 Shalakany announced that it 3 Sharkawy and Sarhan advises Cables and Egytech Cables, successfully defended a top International Financial August two companies owned by El hospitality company in nullity Corporation (IFC) on its 8th, Sewedy Electric, have signed July action of an arbitral award July potential subscription in 2021 a new contract to connect the 14th , before the Cairo Court of 12th , Egypt’s first regulated green North Cairo station / Bahtim 2021 Appeal. 2021 bonds’ issuance by the Substation amounted EGP 192 million on Turnkey Basis. 5 Baker McKenzi announced the Commercial International promotion of 67 colleagues to Bank (CIB). IFC will sub- 4 Shahid Law Firm announced partner. The firm also wel- scribe in the full issuance contribution with Lexology June comed 28 new lateral partners through a private placement July healthcare M&A 2021 Egypt’s 30th, across a range of key markets, which is valued at USD 100 15th, report prepared by Dr 2021 including London, Palo Alto million 2021 Micheal Boutros and Moan H. Abdelmoamen. This report and Shanghai, to reach a total 6 Dr. Amr A. Abbas the Partner tackles healthcare business of 95 new partners globally. and Head of Arbitration of structures, types of legal due Matouk Bassiouny Law Firm diligence required in health- has been selected by Legal care business, restrictions and 500 onto their Arbitration merger-control apexes and Powerlist 2021 for Africa. more. 7 Adsero Ragy Soliman & 8 Ibrahim Shehata partner Partners’ Team lead by Mr. at Shehata & Partners law Hossam Gramon acted as August firm has finalised his first June the local legal counsel to 1st , book “Arbitration in Egypt: 24th , Trella, the fastest growing 2021 A Pactitioner’s Guide” with 2021 digital freight marketplace Kluwer Law International. in MENAP, in relation to the debt arrangement under its funding round, comprising of USD 30 million new equity and USD 12 million debt facilities amounting to USD 42 million WWW.THELAW.ME 77

1 August 1st, 2021 European Bank for Reconstruction and Development approved to grant Egypt €25M loan for Dry Port Company in 6th of October City. 2 ECONOMIC NEWS August 2nd , 2021 Four national banks, namely NBE, 3 Banque Misr, Banque Du Caire and Suez Canal Bank are getting ready to launch a fund for financing small August 2nd, and medium sized enterprises in 2021 the fourth quarter of 2021. The Egypt published the first pictures of fund will focus on pump- LE 10 and 20 plastic notes that will be ing investment into funds officially issued next November from specialized in financing the new printing press of the central emerging SMEs, mainly in bank of Egypt, in the newAdminis- the technology sector. trative Capital. 4 6 August 2nd, 2021 August 2nd , Minister of International Cooperation 2021 Rania Al Mashat stated that Egypt The board of directors of the Egyptian received financing worth a combined Exchange approved new amendments on $1.4 billion from 18 development part- the trading system regarding calculating the closing prices of stocks which will ners in carrying out 32 projects in come into effect by September 2021. 95 locations across all of the state’s governors to enhance the health 7 sector and improve services July 12th , provided to citizens. 2021 5 July 31st , 2021 Irrigation officials in Egypt set a strategy 8 for water resources development to secure Dubai headquartered mobility its water until 2050 at a cost of up to $ startup SWVL announced that 50 billion that could reach $ 100 bil- it will invest $10 million in the lion, in a statement that came two August 1st , recent merger with SPAC days after a session held by the UN 2021 queen’s Gambit Growth Security council to consider the Egypt rolls out QR code Capital. dispute between Egypt, Sudan certificates for coronavirus vac- and Ethiopia over the grand cination. The certificate costs Ethiopian Renaissance Dam. EGP 100 for Egyptians and $ 10 for non-Egyptians. 78 WWW.THELAW.ME

LEGAL UPDATES The Official Gazette published the President’s decision to issue Law No. 211 of 2020 amend- ing some provisions of the Unified Tax Procedures Law promulgated by Law No. The law includes amendments aimed at 206 of 2020, after final approval by the deterrence, preventing tax evasion, achiev- House of Representatives. ing more control for the tax community, and achieving more commitment by the tax com- munity and reducing cases of tax evasion, which is reflected in the tax proceeds, which represent the main resource for the state’s public treasury, as the unified tax procedures law promulgated by the law No. 206 of 2020 does not include some provisions that have a significant impact on imposing a commitment in the tax community, which will ultimately be reflected in the tax proceeds and the fight against tax evasion. President Abdel Fattah El-Sisi issued Law No. 187 of 2020 amending some provisions of Law No. 10 of 1990 The law stipulates that the text of the last paragraph of regarding expropriation of real Article 2 and Articles 6 and 12 of Law No. 10 of 1990 regard- estate for the public benefit. ing expropriation of real estate for the public benefit shall be replaced by the following articles: The New Law The House of Representatives, during its plenary The draft law included, in its first article, the postponement session, headed by Counselor Hanafi of Law No. 86 of 2020 amending some provisions of Law No. Jabali, permanently and by a two- 114 of 1946 organizing the real estate registration until June 30, thirds majority of parliament 2023. It also included amending the Income Tax Law by canceling members approved a draft law the fourth and eighth paragraphs of Article 42 of Law No. 95 of 2005 to postpone the implementa- relating to income tax. tion of Law No. 186 of 2020 amending some provisions of Law No. 2005. Regulating Advertisements on Public Roads The New Law Law No. 208 for 2020 regulating advertisements on public roads Regulating was promulgated on 30th of November 2020. The Law repeals the Advertisements previously enacted Law No. 66 for 1956 regulating advertisements, in on Public addition to certain provisions of Law No. 84 for 1968 on public roads Roads and the Construction Law No. 119 for 2008. The Law came into effect on 2 December 2020, and its executive regulations should be issued by the Prime Minister within six months from that date. WWW.THELAW.ME 79

OIL & GAS 1 NEWS July 8th , 2021 Italian energy company Eni is partnering with local companies in Egypt, the Egyptian Electricity Holding Company and the Egyptian Natural Gas holding company to explore the possibility of producing green and blue hydrogen in the country. 2 August 5th , 4 2021 The Egyptian petroleum sector is currently implementing five August 3rd , Aton Resources Company 2021 announced that the results of initial major petrochemical projects worth $14 billion, including expansion of Midor refinery in Alexandria, Red Sea petrochemical project in the economic zone in the Suez Canal, Assiut National Oil Processing diesel complex in Assiut, asphalt production unit in Suez and coking complex in Suez. scoping level metallurgical testwork from Rodruin exploration project 3 located in Abu Marawat Concession for ten composite samples have shown final The Ministry of Petroleum and gold recoveries ranging between 51.4% and August 4th , 2021 Mineral Resources recorded 84.2%. unprecedented natural gas con- sumption rates by the power stations that amounted to 5,210 billion cubic feet of gas equivalent per day and added 5 that the consumption rates increased by 118% due to the high temperature. August 5th , 2021 The Ministry of Petroleum and Mineral Resources stated that Egypt plans to increase the number of natural gas vehicles’ stations to 1000 across the country in the light of presidential initia- tive of converting vehicles to run on natural gas as their number stood at 208 stations before the initiative. 6 July 29th , ExxonMobil Egypt announced 2021 that it has signed a collaboration and framework agreement with Trella, a technology platform connects shippers to carriers, aiming to bring a new digital technology to the freight industry in Egypt and provide it with innovative solutions. 80 WWW.THELAW.ME

BUSINESS GLOBAL NEWS 1 LOCAL May 16th , 2021 1 Ras Al Khaimah tourism development May 15th , authority is spending DH 500 million ($136.14m) on 20 sustainable tourism 2021 destinations within the emirate. Minister of Finance Mohamed 2 Mait stated Saturday that 38,000 out of 70,000 applicants to purchase May 14th , subsidized gas-powered cars are 2021 eligible for the funding program. Bitcoin slid to a two-and-a-half-month 2 low on Thursday after a regulatory probe into crypto exchange finance added to pressure from Tesla’s chief Elon Musk reversing his stance on accepting May 15th , 2021 the digital currency. Minister of Finance Mohamed Mait has issued directives to the head of the Egyptian Customs Authority on speeding up customs clearance procedures for vac- 3 cines and medications immediately. May 13th , 2021 3 Wyelands Bank, part of the empire May 15th , of beleaguered businessman Sanjeev Gupta, is facing possible 2021a liquidation.. Deputy Executive Director at the Egyptian Food Export Council (FEC), has said that the country’s food industry 4 sector exports to Germany recorded about $83m between January and November 2020, reflecting a growth of 13%. May 14th , 2021 Amazon is to hire 10,000 UK 4 employees as it opens more warehouses in the north and May 15th , south of England. 2021 Egypt’s CIB has become the first bank in the Middle East and North Africa (MENA) region to receive Egypt’s Gender Equity Seal (EGES) certification from the National Council for Women (NCW) and the World Bank. WWW.THELAW.ME 81

LEGAL DIRECTORY Adsero – Ragy Soliman & Partners 1 Gabalaya Street, Zamalek Cairo 11211, Egypt +20227353203 / +2027377116 [email protected] Andersen Egypt Helmy, Hamza & Partners International Advisors Group - Baker & McKenzie (IAG) Law Firm 46 El-Thawra St. – SODIC Tower – Nile City Building, North Tower 6 El-Khalifi St., Sheraton El-Matar, Heliopolis – Cairo – Egypt 21st Floor 2005C, Corniche El Nile Heliopolis, Cairo, Egypt (+202) 22911276 Ramlet Beaulac - Cairo Egypt +20 2 2461 5520 (+202) 22684542 / (+202) 22684543 [email protected] www.bakermckenzie.com [email protected] Serry Law Office Shahid Law Firm Shalakany 1 Talaat Harb, Downtown, Cairo, 20B Adly Street, Downtown, Cairo, 12 El Marashly Street, Zamalek, Egypt Egypt Cairo, Egypt +202 23920053 [email protected] +202 2393 5557 +202 27288888 [email protected] [email protected] 82 WWW.THELAW.ME

Afifi Law Office Al Kamel Law Firm Al-Tamimi & Co. 6 Salah El Din St. Zamalek, Cairo, Egypt 11211 Cairo, Egypt Dokki Building 17, Nabil El Wakkad Building No. 5&7 (Star Capital +20 2 2735 4010 Street Dokki, Giza, Cairo, Egypt Building), 10th Floor, Geziret El [email protected] +202 3761 5271 Arab Street, Mohandseen, Giza, [email protected] Cairo, Egypt 20 2 3368 1000 [email protected] Matouk Bassiouny Mazghouny & Co. Rizkana & Partners & Hennawy 15 Abou El-Feda Street, Zamalek, 6 Wezaret El Zeraa Street, City Floor 5, Unit 18, Cairo, Egypt Capital Building, 10th Floor, Dokki, 12 Mohamed Ali Genah, Garden (+202) 2735 2678 /(+202) 2735 2682 Giza, Cairo, Egypt City, Cairo, Egypt [email protected] +2(02)3760-4100 [email protected] +2 02 2796 2042 [email protected] Sharkawy & Sarhan Shehata & Partners (S&P) Zulficar & Partners Arabella Plaza - Building 2, Gamal Abdel Nasser Axis, Fifth district, Cairo Business Plaza, Unit 204, Nile City Building South Tower, New Cairo, Cairo, Egypt Fifth Settlement, New Cairo, Cairo, Eighth Floor, Cairo, Egypt +202 23225400 Egypt +202 24612161 [email protected] +201022256100 [email protected] [email protected] WWW.THELAW.ME 83

WHERE YOU Banking and SHOULD GO Finance • Baker and Mckenzie The Legal market is getting bigger and bigger, new (Helmy Hamza& competitors come to the stage every while and then. Inside this huge Partners). market there are stars that shine in different majors of it, some have been • Shalakany Law Office. on the stage for a long time and other have been rising recently. • Zaki Hashem & Partners. Clients, especially multi-national companies before deciding on a certain • Matouk Bassiouny & Hennawy. law office/firm to handle their legal matters they pass through a lot of • Zulficar & Partners researches to pick up the perfect choice. We as The Law acts as the legal ambassadors, we determined to make it easier for you and shows you • Al Kamel Law Office based on a lot of researches from different sources the top in each major • MHR & Partners in association with achievements and skills. White & Case LLP Employment Project & • Zaki Hashem & Inf rastructure Partners. • Al Kamel Law Office. • Baker and Mckenzie • Baker and Mckenzie (Helmy Hamza& Partners). (Helmy Hamza& Partners). • Al Tamimi & Company. • MHR & Partners in • Shahid Law Firm. association with • Riad& Riad. White & Case LLP • Afifi Law office . Zaki Hashem & Partners. . Shalakany Law Office. Tax . Matouk, Bassiouny & Hennawy Services • Maher Milad Iskander & Co (Andersen Tax & Legal) Shipping Technology, • Al Kamel Law Media and Tele- communications • Al Kamel Law Office. Office. • Eldib Advocates • Baker and Mckenzie (Helmy Hamza& Partners). • Shahid Law Office. • Zaki Hashem & Partners 84 WWW.THELAW.ME

Energy Corporate/ • Baker and Mckenzie M&A • Baker and Mckenzie (Helmy Hamza& (Helmy Hamza & Partners). Partners). • Zaki Hashem & Partners. • Zulficar & Partners • Shahid Law Firm. • Al Tamimi & Company. • Shalakany Law Office. • Zaki Hashem & Partners. • Matouk Bassiouny & Hennawy. • Matouk Bassiouny & Hennawy • MHR & Partners in association • Shahid Law firm. with White & Case LLP • Al Kamel Law Office • Al Kamel Law Office • Ibrachy Legal Consultancy. • Shalakany Law Office • MHR & Partners in association with White & Case LLP Intellectual • ADSERO-Ragy Soliman & Partners property • El Saghir Law Firm. • Zaki Hashem & Partners • Afifi Law office Dispute Dispute Resolution: Resolution: Litigation • Al Kamel Law Office Arbitration • Matouk Bassiouny & • Matouk Bassiouny & Hennawy Hennawy • Shahid Law Firm. • Zulficar & Partners • Shalakany Law Office • Shalakany Law Office. • Zaki Hashem & Partners. • Shahid Law Firm • Zulficar & Partners • Zaki Hashem & Partners • Youssef & Partners Attorneys • Baker and Mckenzie • Afifi Law office (Helmy Hamza & Partners) • Afifi Law office We, THE LAW, are keen to support our audience as we are always going to be in their service to help them get whatever they need or what they are looking for with no effort to exert or passing through a long journey of researches. We are here to make all your dreams come true. WWW.THELAW.ME 85

Taking A Step towards DIGITIZING EGYPT’S JUDICIAL System There is no doubt that the world is currently undergoing a technological revolution, and that in turn should reflect on the judicial sector as a whole and to the extent to which the technological developments contribute to achieving speedy settlement of all lawsuits. In collaboration with the Sector of Technical Development (STD) at the Ministry of Justice, The Law is Co-heading a new milestone in its accomplishments and in the world of technological advancement and integration through ‘The Development of the Digitization of Judicial Proceedings’ project. Besides the purpose of achieving a successful cooperation with active participants of the Egyptian society who contrib- ute to the Egyptian legal community, our main goal is to establish a more feasible, safe, fast, and efficient platform to effectuate legal digitalization in Egypt. These participants are assigned to our focused taskforce that is formed from all spectrums including reputable law firms in Egypt with international tech focused individuals, academics, jurists, representatives of the Bar Association, and the legal community at large. The project’s objectives were integral for its success and meeting its expected outcomes. Objective one was concerned with the amendment of the current legal framework and laws without causing drastic changes to the ecosystem, as well as exploring the potential challenges and setbacks that might face the legal system, along with solutions to overcome them. Objective two is focused on the comparative experiences of different countries, some of which have the same input as Egypt in order to understand their process and learn from their struggles with implementing the E-justice system. Objective three discussed whether the French experience of the ‘Réseau Privé Virtuel des Avocats’ could be a model for emulation, and decod- ing practical and technical solutions to filter the respondents of a lawsuit in case of similar or repetitive names. Finally, objective four tackled professional standards and requirements essential to facilitate integration of the services provided by the Ministry of Justice. 86 WWW.THELAW.ME

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The Foreign Direct Investment International Arbitration Moot The Foreign Direct Investment International Arbitration Moot (FDI Moot) is an international arbitration moot competition focusing on investor-State disputes. Each year approximately 100 teams from all round the world participate in this contest, includingan Egyptian team. Initiated in 2006 by the Center for International Legal Studies (CILS), Suffolk, Pepperdine, DIS, King's College London and CILS established the FDI Moot as an ambitious new international competition focusing on investor-State disputes. In belief of the importance of the mooting culture and the crucial nature of the FDI Moot, Matouk Bassiouny & Hennawy (MBH) first hosted the FDI Egyptian rounds back in2019. They continued hosting it for the second time in 2021 and aim to further host the FDI Egypt National Rounds for the years to come. The competition is divided into two stages. First, all teams prepare for the oral rounds. Each team participates in an arbitration hearing simulation. The winning team, which qualifies for the international rounds, prepares memorials for the claimant and the respondent. Therefore, the FDI moot plays an essential role in advancing the students’ oral and written advocacy skills. On the 20th & 21st of August 2021 teams from a range of Egyptian universities participated in the competition: Ain Shams University, Cairo University – English Section, Tanta University and Cairo University – French Section “IDAI”. The participating arbitrators included professors, judges, Egyptian and foreign arbitration practitioners. This year’s case revolved around a dispute in the aviation sector. It involved a jurisdiction issue; regarding the substantial issues, fair and equitable treatment as well as the required standard for determining a compensation came into question. After a heated competition, the qualified teams for the final rounds were Ain Shams University - English Section and Cairo University – French Section “IDAI”. The winner was the Cairo University – French Section IDAI team, which now quali- fied for the international rounds. The Best Oralist Award went to Nouran Abdou, the first runner up was Mohamed Amin, and the second runner up was Farida Abu Arab. 88 WWW.THELAW.ME

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Saturday Night 8:00 PM A weekly newsletter from [email protected] providing you with a valuable and in-depth summary of the news and stories that impact your business, with an explanation of its economic and legal dimensions. 90 www.THELAW.me/IMPACT WWW.THELAW.ME