The Law Mag edition 6

THE LAW DECEMBER 2017 lawyer of the year 2017 PROF. DR. MOHAMED SALAH ELDIN ABDELWAHAB Inside this issue : Global Legal Forecast 2018 Divorce rates in Egypt: danger in the horizon

Shahid Law Firm was established in 1987 by Counselor Sarwat Abd El-Shahid, after serving as judge and State Counselor for nearly two decades. Since its inception, the Firm has rapidly grown to include over 70 lawyers and support staff, and has become one of the leading international law firms operating in Egypt and the region. Such credit, undoubtedly, is largely due to its lawyers’ vast experience, industry insight, and ability to combine their understanding of complex legal matters with a practical solution-oriented approach. 20B ADLY STREET, DOWNTOWN CAIRO 11511, EGYPT +202 2393 5557 +202 2393 5447 [email protected] WWW.SHAHIDLAW.COM



3 Message from the founder, Ziad Ali IN THIS ISSUE 6 Opening article: Dr. Khaled El Shlakany, Senior Manging Partner at ElShalakany Law Office 08 INTERVIEWS Lawyer of the Year 2017: Prof. Dr. Mohamed Salah El Din AbdelWahab Ahmed El Hammamsy :Head of Legal Department IACC Holdings Omar Mekky : The ICRC Regional Legal Coordinator in the Middle East and North Africa Donia Mazghony : Power of Women at the Legal Field Khaled El Demerdash : The key role of in-house counsellor Maithaa Elhamny : New Emirates Investment in Egypt 30 25 Statistics and Surveys Alarm: Egypt’s divorce rates are not going down! Most demanded legal practices globally 2017/2018 Highest lawyers wages by countries. For Who You Should Go?! General Articles New Investment law`s Dispute Settlement Forum, Khaled El-Zoghby Legal Researcher & Attorney at Law, Gehad Al Saeed The New Investment Law, Written By: Dahlia Hakim 36 NEWS Political News Oil&Gas News Economic News

A MESSAGE FROM THE FOUNDER Meet the Team IT IS ALL ABOUT THE LEGAL COMMUNITY! President & Ceo TOGETHER WE ASPIRE TO REVIVE THE UNIQUE ROLE Ziad Ali THAT THE LAW PEOPLE HAVE IN THE WIDER SOCIETY. WE ARE THE SYSTEM GUARDIANS, THE GOALKEEPERS Vice President AND THE ESSENTIAL BALANCE GEARS. Bassel khalil Since we started three years ago, our group of young law students, who believed in this Managing Editor vision and had an urge to develop the legal community, were determined to connect the key player lawyers, judges, professors and law Students and fill the gaps between Hoda A.Nafee them. We started by our first project THE LAW magazine which is playing an important role to link the whole community in a quarterly issue and let the bigger community rec- Senior Writer ognize our work and efforts. After all the encouragement we received from you, we were enthuszied to go further in Khaled Elkhashab strengthening the network of the legal community through LAW TALKS. We were honored to know that in our 3rd LAW TALKS we successfully connected this Project Manager distinctive community, created loyalty, boosted the feeling of commitment and belong- ing and raised the awareness of the legal community. Youmna Essam \"LAWYER OF THE YEAR AWARD\" is our recognition to the law people who are the true role models leading the law community and inspiring us to achieve more. Art Director We are very grateful to everyone who believed in THE LAW and in the vision for our team. Today, I am so proud of my partners and team who sacrificed a lot for The LAW Belal ElMalih family, and of The Board of Trustees who we couldn't have made it without their sincere support & guidance. Senior Designer Our family is getting bigger everyday with your collaboration. The writers in THE LAW Mody magazine and the speakers in THE LAW TALKS who volunteered to share their time, Fundraiser knowledge and expertise with the legal community Thanks to all the sponsors through the tough years who made the dream came true. Ramez Osama We are here promising that we still have more to do as the lawyer's advocate and the Omar Tarek ambassadors of the legal community. We promise to honor our people, support Radwa Mansour everyone representing our community and make you proud to belong here. Public Relation: Omina Ibrahem Ramy Nour ElDin Editors: Ahmed waheeb el din Rawan Roshdy Mai Ali Abdulrahman sami Farah Hatem Abd EL Megeed Samy Nouran Abdelbaki Photographers: Ahmed Fahd Youssef Taha Designer : Rana Mostafa Press Consultant Mohamed Nabil LAWTALKS TEAM Event Manger Salma Sherif Academi Content Coordinator Mohamed Metawea Senior Organizer Coordinator Mostafa Abohashim Fundrasier Salma Hassan Radwa Ahmed BOARD OF TRUSTEES : Prof.Gregg Belsford Judge Khaled ElZoughbi Dr.Ahmed Shakankiry Ms.Layla Badran Dr.Sue Ellen Special Thanks to The Law Supporters: Mostafa Hosni Ahmed Saad Menna Mohie Salma Yasser Muhammed Darwesh Sara Galal \"The channel to the legal community\" Sincerely, Ziad Ali THE LAW DECEMBER 2017 3

THE COUNSEL The Counsel is an Egyptian Limited Liability Company that began opera- tions at the start of 2017. It is an ad- visory firm, specializing in regulatory advisory and compliance services in the areas of commercial, financial and business law and practice in Egypt. www.thecounsellaw.com [email protected] 01206665099 51Abou bakar el sediq, heliopolis, Cairo, Egypt

01112362310 www.bedayat.org co-everything Villa 51 Abo bakr el-sedik , Heliopolis , Cairo , Egypt

ARTICLES Dr.Khaled El Shalakany Lawyering: or Demons? The Work of Gaius Julius Caesar the famous Roman general and dictator started his career as a lawyer. Before I attempt to answer Marcus Tullius Cicero the famous Roman orator and philosopher was a lawyer. this question, let me first remind you of some of the famous lawyers in history: Montesquieu (Charles-Luis de Secondat) the French philosopher was a lawyer. Oliver Cromwell the Lord Protector of England following the English Civil war was trained as a lawyer. Ibn Rushd known in the West as Averroes the Andalusian philosopher was trained in law and worked as a judge. MaximilienRobespierre the radical Jacobian revolutionary during the French Revolution was a lawyer. Georges Danton a leading figure in the French revolution was also a lawyer. Jeremy Bentham regarded as the father of utilitarianism in philosophy was a lawyer. Abraham Lincoln perhaps the most famous president of the United States was a lawyer. Valdimir Ilyich Lenin the architect of the Bolshevik coup d’état in 1917 which led to the establishment of the Soviet Union had a law degree. Mohandas Karamchand Gandhi was a lawyer. Nelson Mandela was a lawyer. Saad Zaghloul the key figure in the Egyptian 1919 revolution was a lawyer. Mostafa El Nahhas the head of the Wafd Party in the 1930s and Prime Minister when the officers took over power in Egypt in 1952 was a lawyer. 6 THE LAW DECEMBER 2017

On the demonic side we have people saying the following: “The first thing we do, lets kill all the lawyers” “If there were no bad people, there would be no good lawyers.” “He saw a lawyer killing a viper on a dunghill hard by his own stable; And the Devil smiled, for it put him in mind of Cain and his brother Abel.” On the angelic side we have: “Simply because we were licked a hundred years before we started is no reason for us not to try to win” William Shakespeare 400 years ago in his play Henry VI had one of his characters describe one of the things a band of pretenders to the throne can do to improve the country Charles Dickens Samuel Taylor Coleridge “ Atticus Finch the inspirational figure, and brave lawyer in ‘To Kill a Mocking Bird” “Law is nothing else but the best reason of wise men applied for ages to the transactions and business of mankind.” ”“safeguarding the rights of others is the most noble and beautiful end of a human being.” I can safely say with a high degree ofconfidence, after 30 years of lawyering, that our work is neither the work of angels nor is it the work of demons. If I may quote from Friedrich Nietzsche we are ‘Human, All Too Human’, and Nietzsche perhaps rightly says: “All things are subject to interpretation. Whichever interpretation prevails at a given time is a function of power and not truth.” Why are we conflicted about the social value of lawyering? Perhaps the answer lies in the nature of the system that lawyers are trained to design, operate and sometimes even dismantle through revolution. This is by definition a system of ‘soft parameters’ and not one with ‘hard fixed parameters’. Take physics as a science. We can say without risk of contradiction that gravity operates in Russia in the same way it operates in Mozambique. The force of gravity acting on a falling object will be the same F=MA. The accel- eration is constant 32ft/sec squared. Can we say the same about the concept of freedom or justice? In my point of view not at all. The legal system is a human construct designed and operated to regulate and control the relationships between people in a given society. I will not delve into too much phi- losophy of law, suffice it to say here that no system that deals with abstract notions such as justice, freedom, crime etc. can be ruled by hard logic. Questions in this type of system always lie in the domain of what in modern times is known as “fuzzy logic”. True and false no longer apply, only partial truth, a range between completely true and completely false. No wonder that lawyering, the vocation of law, where fuzzy logic rules, can never be totally angelic nor can it be totally demonic. Lawyers derive their power from the uncertainty of law. People naturally resent this uncertainty and accordingly they resent their dependence on lawyers to steer them through this murky and obscure domain of abstract values and ideas. Do not underestimate this power. A lawyer defending an accused in a murder case may be successful, with the accused being set free, or may fail, with the accused being hanged. This is serious stuff indeed. Did I confuse you, perhaps posing difficult questions rather than answering them? I do hope so. What I can tell you in terms of advice from an ‘old hand’, is simply understand the shortcomings of what we deal with as lawyers. Do not idealize the law or the legal “ ”Practice your profession with integrity and with diligence. You must always remember that your primary duty is to your client and system, for they are never ideal. Always, look at both sides of a dispute or an issue. Abraham Lincoln Khalil Gibran his/her rights. However, this must never be at the expense of your inner values and what you, and not necessarily others, believe to be ethical behaviour. If you maintain these simple guidelines, you stand a better chance of being on the side of the angels. May the Force be with you . Dr. Khaled El Shalakany THE LAW DECEMBER 2017 7

INTERVIEW WITH INTERVIEWS LAWYER YEAR OF THE PROF.DR. Mohamed Salah El Din AbdelWahab Interviewed by Hoda Ahmed Nafee Like the sea, his knowledge and experience never ends. His career is full of success and passion, that definitely need to be transferred to the young generations that see him their role model and one of the legal field shinning stars. Q.Some scholars and researchers argue that later on legal profession will disappear due to the IT solutions, what do you think of this and do you think that the Legal profession might disappear later on in Egypt? Q.Given the great background you Q.You hold over fifty academic A.Actually I do not think that law will disappear, have, can you tell us why did you merits and achievements during your but the role of lawyers and what they do will choose to study law? Have you been academic studies and your work, change. I have been stating this since 2000, I saw aware of the different legal majors what do these prizes represent for the development of technology and technological during your study at the university? you? applications and how they will be used in the context of the law. However, when it comes to know-how, technology cannot substitute the role of lawyers. I believe that there will always be a need to human’s interface and interference. Q.You are vice-president of the ICC court and member of the London Court of International Arbi-tration which works on a global scale, how did the working with global institutions affect your ca-reer? A.Although I have been brought up in A.Firstly, those prizes represent part A.In fact, this changed the way I look at things. It a legal environment, I did not face any pressure from my par-ents regarding of me and who I am as they come spe- provided me with comparative and global which major to study. Choosing to study law was my own decision. I cially on the academic level. With perspec-tives. Being affiliated with world-class have been fas-cinated by the notions of justice, jurisprudence, philosophy, each prize I gain I feel alive. Law institutions contributed to building my experi- and the art of reasoning. actually is part of my life and my per- ence in interna-tional and comparative law I have to say that, I greatly admired most of the subjects that we had been sonality. Honestly, I feel sometimes arenas. It helped me to transfer foreign knowl- taught at university. However, my favourite subject was private interna- that I eat, breathe, drink and live by edge to my colleagues at work and to open the tional law. I wished to excel in the same field in which my dad received doors for my students to gain knowledge about his doctoral degree. I have always dreamed to make him proud of me. those prizes, that they come as sur- different legal systems and comparative prac- prises, and that makes me feel that tices. there is always hope for a better future, and that my efforts are Q.You have a massive experience in different rewarded. laws and regulations nationally and internation- ally, you could have continued your career abroad and reside there, what is the reason that made you stay here in Egypt? A.Honestly, I have to say that massive is a huge 8 THE LAW DECEMBER 2017

THE LAW DECEMBER 2017 9

INTERVIEWS for practitioners to adapt, innovate and follow up on state-of- Secondly, some of the lawsuits contain foreign elements or the-art developments in their fields. relate to cross-border dealings that may not easily be submitted Regarding the legal education system, it requires a lot of reform. to the judiciary in Egypt. There has to be a bit of integration between all the institutions and all the people involved in the legal society. Law firms, univer- So, the judiciary has too look to the arbitration as a supporter to sities, and the judiciary have to integrate and cooperate its work and the arbitrators have to understand that arbitration together to bring out the best and top law gradu-ates in Egypt. does not exist in a vacuum and that awards and arbitral proceed- Also, a lot needs to be done to reform of the cademic curriculum ings need the support of the judiciary. Arbitration and national in universities. For instance, one of the notable recent and inno- courts complement each other and are not mutually exclusive.. vative development in teaching private international law is through video streaming and movies by students and this has Q.It was always known that Lawyers’ role is important contribut- been successfully tested and done in Spain. ing a healthy society, How do you see the role of lawyers in social responsibility? Q.As law, economics and politics are so attached, how do you see the political and economic situation in Egypt now? A.Firstly, lawyers need to represent a role model for the society, people, and for themselves. One of their main duties is to help A.For me I do not think that I am qualified enough to speak people understand their rights and obligations. Actually lawyers about politics. I m not a politician and do not aspire to be one. are the main legal practitioners that carry on their shoulders the But, I feel that things are stable which is much desired and wel- burden of the rule of law and make sure everyone around us comedfor in-vestment to thrive. On the economic front, a lot is understands their rights and obligations clearly. For example, being done and more is needed. We certainly need qualified doing some work on pro-bono basis, , has a great return on your economic experts that can provide the government with more reputation and your contribution to the society. developed candid plans and policies to push forward investment and economy in Egypt. Q.Many people think that it is very important to have a good One of the recent good steps that the government has taken was number of connections to be a suc-cessful lawyer, what do you the reform of the investment law and the economic legislations. think of this? However, this only can be considered a start as there are more steps that can be taken to improve the economic and invest- A.Networking and connections are important in our field, and ment environment in Egypt. there is also a saying“It is not what you know, but who you know”. However, I disagree with this saying and I have never Q.As highly experienced lawyer in different legal fields, have lived by it. I am not really good at it. Honestly, who you know can you ever thought to join any gov-ernmental position? push you somewhere for a short period of time, but you cannot continue to advance based on who you know, it must be what A.I have not and do not think of this. I believe that everyone in you know and what you do. And, that is why I always say let your the world has a role to play and focus on Joining a governmen- work speak for itself and about you, rather than you speak about tal position requires certain skills that I do not believe I possess. yourself. There would be no balance if everyone were to join the govern- ment. Who will do other types of work? Everyone just needs to Q.With a career full of success do you have more plans in the find how he/she can best contribute to his country, community future, can you tell us about those plans? and society in the position(s) he/she holds. A.I will always continue to learn more and to build myself in a Q.You are a professor at Cairo University and at the same time way that will make me worthy of people’s trust, respect, and all founding partner at Zulficar & Partners Law Firm, how do you the more worthy of carrying my father’s name. I have always balance between both? worked towards building my name and reputation in Egypt and internationally, and I hope to con-tinue to do so. A.First of all I do highly appreciate my academic career. To me Also, I hope to have the energy to keep investing in the new gen- this the most important affiliation as I see it is an investment in erations to educate and train them on comparative practices the younger generations. Those students are the future of the and legal systems to enable them to compete globally country and every experienced academic has to dedicate part of his time to support them. Every time I see a good student I feel Q.Every successful person faces critics, how does Mohamed that there is still hope for a better future and they give me the Salah Eldin Abdelwahab react to critics? power to keep going and continue with my work. In terms of balance, I properly divide my time between practice and A.Honestly, it depends on the type of criticism. For example, I academia. I give lectures in the morning and go to the firm after accept any type of criticism from sin-cere people irrespective of my lectures. the words expressed. However, life has taught me that even people who are insincere you can learn from them sometimes. I Q.As highly experienced arbitrator, how do you see the am aware of my challenges and my weaknesses and I always try arbitration’s effect on litigation? to fix them. Nobody is perfect and I m certainly no exception. Criticism for me is a healthy thing as I always try to learn and get A.In fact arbitration has a crucial role in fulfilling the ends of the best out of these critics. justice. Firstly, the performance of the judicial institution in Egypt is quite slow, so, arbitration as we mostly say can in some case assist in rendering justice and deciding disputes in lesser time and more efficiently. 10 THE LAW DECEMBER 2017

Q.According to our culture, it has been looked at lawyers as a bit 11 sneaky, not trust worthy or money chasers, how do you reply to this? A. To tell you the truth, examples of good and bad lawyers exist and will continue to exist everywhere across the globe and in every legal system. In respect of money, I consider it a tool, but ethics are very important. Without ethics we will not have a ceiling or a limit. I believe that courses about eth-ics specially profes- sional ethics are of a paramount importance. We have to start thinking of teach-ing professional ethics courses at universities. Finally, we need not forget that lawyers are insepara-bly associ- ated with justice and were referred to long ago as “Standing Justice”. Q.Do you have any other activities in different fields other than the legal field? A.Of course, I have interests other than law. I read with lot of interest in chemistry, philosophy, cul-ture, psychology, physics, poetry, geography, and history. For sometime, I was also inter- ested in sports like football, tennis and table tennis. I do a lot of travelling nowadays due to my work and professional commit- ments. I do some other stuff that I do not consider as activities, but is nonetheless much more important, that is: trying to bring up my son in a way that makes him worthy of carrying the name of his grand-father. Q. Last but not least, Can you tell us about your message for your partners, clients and students? A.To my students, you are the future of this country and you should never lose hope. You should do your best to make your- selves better people and better legal practitioners. You have a duty to con-tribute to the better future for our country. To my clients, it is a privilege to work with each one of them. I fully appreciate their trust and I learn a lot from every one of them. I promise to do my best and to exert as much effort as I can to meet their expectations. To my team, I am proud of each and every one of them and I truly wish the very best for every one of them. I hope all of them can become excellent legal practitioners as I expect. To my partners, you are my second family and I am honoured to be one of you and I do really ap-preciate being with you at the same firm. I also have a special message to my wife, you are really an excel- lent person, a superb mother and outstanding wife and I really do appreciate your effort with our son and you have contributed a lot to my success. To my parents, God bless your souls and I wholeheartedly owe you everything that is good in me. THE LAW DECEMBER 2017

INTERVIEWS Dr. Omar Abdel Aziz Senior Associate at Zulficar & Parners Law Firm If you want a definition of perfectionism, you may consider the figure of Prof. Wahab: first, he is an eminent academic professor, an avid reader, and a spectacular presenter who turned to be a role model and inspiring mentor to his students; secondly, he builds his name as a gifted reliable lawyer and distinguished arbitrator nationally and internationally in no time setting himself aside from rivals and teaching us ambition, commit- ment and patience. Thirdly, he highly stands for effective strategies and firmly sticks to principles and ethics in conducting his work. But most importantly, he maintains a humble, approachable and kind personality showing deep care, compassion and generosity towards his students and colleagues. In sum, he is a walking encyclopaedia who keeps raising the bar on all fronts Mr. Oussama Daniel General Counsel, OTMT Gemini Holding When you meet him, you are deeply impressed and confused; How to deal with him? He is great person and professor. Discussing with him is an endless learning dialogue. He is extremely smart and prompt in his reactions, but knows how to fight, weigh his words and reactions. You can disagree with but cannot underestimate him. How to deal with one who is the best in his field, who does not need to demonstrate it? His best is being friendly, respectful, fighter, man of honor and trustworthy. Thank you dear Mohamed for the honor of your friendship. Oussama” Dr. Engy Serag Contracts and Claims Director Orascom Construction “Dr. Mohamed Abdel Wahab always manifests flexibility, attention to details, and dedication. He is capable of gaining the satisfaction and trust of his clients through his professionalism and outstanding legal abilities. I have worked with him on several projects, and I have always relied on his excellent dispute resolution management abilities and strong construction expertise. I believe that he is outstanding in his forthrightness of his opinions as well as his proactive approach”. Nairi Boghossian :Partner Al Owais Advocates & Legal Consultants “Over the years, I heard Mohamed speak at arbitration conferences and was fascinated by the depth of his legal knowledge. I then got the chance to work with Mohamed and discovered further the depth and sophistication of his technical skills. It was also revealed to me while working with Mohamed that he combines legal genius with the most refined manners … not to mention his modesty”. Ms. Samaa Haridi :Partner Hogan Lovells US LLP “I have known Dr. Mohamed Salah Abdel Wahab for many years, and I have worked closely with him on a number of client matters and profes- sional initiatives. I can say without reservation that Mohamed is one of the most talented lawyers I have come across in my practice. I have observed his steady and well-deserved rise within the field of international arbitration and as a professional globally, and I am happy to have wit- nessed many of his accomplishments. Mohamed possesses unique analytical and advocacy skills, which, at the very least, match - if not surpass - those of the most senior and well-recognized international arbitration lawyers and arbitrators around the world. I congratulate him on this honour, and I wish him continued success”. Ahmed El Far Ph.D Candidate, Queen Mary University of London, United Kingdom “Dr. Mohamed S. Abdel Wahab is a mentor and a friend, from whom I have learnt, and continue to learn, the theoretical aspects of the law as well as the art of advocacy in international arbitration. I was truly fortunate to have had Dr. Abdel Wahab as my Professor for four years during my under- graduate studies and then to have worked in his prestigious and renowned arbitration team for two years. I am positive that Dr. Abdel Wahab will continue to inspire potential arbitration specialists through his academic role and will continue to flourish as a world-leading arbitration scholar and practitioner”. Mr. Todd Wetmore, Partner Three Crowns “Mohamed combines the rare qualities of lucid insight, diligence and collegiality to which many aspire, but few achieve. He is a truly interna- tional lawyer: encyclopaedic in his knowledge of the domestic laws of Egypt and the various jurisdictions which have laws inspired by the Egyptian legal tradition; adept in his various capacities as counsel, arbitrator or expert; and a prolific author of publications on arbitration. One of his most valuable skills is in explaining Arabic legal texts, bridging the linguistic and juridical distance between them and audiences accus- tomed to other languages and laws. This often provides a pivotal difference when presenting a case. In my experience of working with him, he has always contributed a grasp of the profound principles that resolve a legal problem and an eye for the relevant detail. He has also brought a sense of fun and common sense to the work. He is truly delightful and it is no surprise that so many reach out to him to involve him in a case”. Mai Mansour Legal Counsel Qalaa Holdings “I consider myself one of the luckiest who have worked with Dr. Wahab. I had the privilege of being his student during college, his trainee during my internship, and his associate when I started my career, and for seven years thereafter. Dr. Wahab always sup- ported me and led by example. I would like to seize this opportunity to thank him wholeheartedly. Thank you for all the time and effort you put into teaching me. Thank you for showing interest and patiently attending to all my queries. Thank you for being a friend before being a professor, a mentor and a boss”. 12 THE LAW DECEMBER 2017

RIGHTS FOR ALL Brief about Rights for all 1. Contentious and Is a new mid-size law firm located in Egypt which provides full services to its clients in the egyptian, Regional and international legal market. contribution in the Legal Non-contentious Community. legal work Having a long history in working as Lingual Based on the comparative legal back- lawyer, Trainer and translator with national ground of its founder, partners and law- and International companies and law firms yers, Rights for all provides its clients in Egypt and MENA, And also concluding a with a variety of national, regional and current cooperation with a well- known Law international legal services in a different magazine(The Law), the founder of Rights practice areas including but not limited for all to economic, civil and commercial law Mazen Abdul Qader has been contributing such as, property, contract, tort, tax, in raising the awareness of the required business, investment, consumer protec- Knowledge and tools the lawyers lack to tion and banking law. start working as linguist lawyers in the Le- Furthermore, we have specialist lawyers gal market. This was represented through working in the areas of family, sporting the biggest and active social group on face- law, IP, Arbitration and Immigration law. book in Egypt and the MENA known in Arabic Rights for all legal staff are trilingual law- by” Afham Qanoni and Targam Qanoni” yers who have Master’s and PhD degrees in law. Also, they have specialized legal 2. Legal Training studies from Egypt, France (Sorbonne) and the United Kingdom (QLTS). Rights for all is one of the unique entities They are highly qualified to receive com- in Egypt which provides its trainees a plicated legal matters and to be involved specialized working knowledge in which in big transactions that they assume assisting and qualifying them to attain with a professional code of conduct in their goals in the national, regional and order to meet client expectations. international legal market. 3. Legal Translation Our legal courses: Due to the international and national legal 1-Legal & Judicial Translation background of our legal translators, Rights 2-International Legal English for all is one of the leading and unique le- 3-Legal & Contract Drafting gal entities in Egypt which provides a high 4-IP standard of quality in legal translation for 5-Banking its clients which is based on the accurate 6-Construction Contracts legal terminology used in the Common and 7-Corporate& Investment Codified law systems. 8-Media & Press 9-FIFA statutes and Sporting law. We are following strict compliance regula- 10-Arbitration tions of the translation and editing process to guarantee providing the smooth under- Email: [email protected] standing for our clients of the translation documents. 1 Montaza Street, Heliopolis Square. Legal& Translation department: @rightsforallfirm This process aims at achieving the main features of high-quality 01066825852 /rightsforalllawfirm translation which is based on accuracy,clarity and in- Training department: rights for all firm clusiveness as well as pro- viding the proper and tech- 01226579705 nical meaning to the target audience. www.rights4all-eg.com THE LAW DECEMBER 2017 G R A D I E N T M G Z13 1

INTERVIEWS Interview with Ahmed El Hammamsy By Nouran Abdel Baki Q.Can you please give us a brief info about the company? how to draft a contract and how to give legal opinion. I also took courses in CRCECA and American chamber. Then I started to A. IACC is a shipping company in Egypt that was established 35 focus on my career life trying to find the right job in the market. years ago. The company mainly works in the shipping industry in So I started working with different real estate companies in Egypt. We own two ports in Egypt and we are working on 60% of Egypt. Later on I started working in the shipping industry and the shipping business in Egypt. during that time I made my diploma in LLODY'S London to be specialized in the shipping industry. Luckily I got an offer from Q.Most of law graduates after graduation go through different FIFA during the time I decided to be specialized in shipping law jobs and different experiences before choosing the suitable and there was no way to reject that kind of offer which is to be career for themselves, how did you pick up the suitable career in the sole legal head of CAF in Africa that is based in Egypt. I being an in-house lawyer and why did you choose to be special- worked with CAF for 2 years then I quit and decided to go back ized in maritime law? and work in the shipping industry. In 2015 I worked as a head of legal department in IACC holding which is my current position. A.I graduated from faculty of law French section Ain Shams uni- versity in 2007, after graduation I finished my LLM at Ain shams university, took many courses in arbitration, commercial law, 14 THE LAW DECEMBER 2017

Q.Based on your considerable experience what makes an out- In addition to that, lawyers had a great impact on amending and standing shipping lawyer? modifying the investment law which gave more opportunities to investors and encouraged investment in Egypt. The Suez Canal Maritime law is very critical therefore you have to make a lot of development project was made to attract investment into Suez researches and take a lot of academic courses and read life Canal Zone and lawyers had an important role in modifying the cases to strengthen your knowledge in maritime law and build Egyptian investment law to provide opportunities to investors up your experience. Maritime law is not only related to Egyptian within certain conditions. And there has been a lot of companies law it is a worldwide confederation therefore you have to read all who have build their factories in the Suez Canal Zone, which is a of the conventions related to maritime law. There is an insur- great advantage to eliminate transportation costs since these ance company in London named LLODY'S that gives a lot of factories are built in the Suez Canal Zone. courses related to maritime law, it is surely expensive but in the same time it is very beneficial for those students out there who Q.What is your advice to the upcoming generation? want to be specialized in maritime law. In addition, it is very important to get courses in arbitration because most of A. After graduation I faced a lot of obstacles because the legal maritime cases are handled by arbitration. market was very limited it was all about nepotism. So I had two options it's either to continue to fight for my career and future or Q.Is there any connection between law and politics? And what is to simply give up. I remember that once I applied for a job in a the main role that lawyers play in promoting political values? A. I think that there is an absolutely natural in a Law firm and I got accepted. The next relationship between the legal professions day while working in my room a man and politics. In addition, history has proved came up to me and told me that someone that lawyers play an active role in politics for else is taking the position and that was example Mostafa kamel. Their knowledge of actually after I got accepted. So since the constitution, law and judicial system then I decided that I have to be stronger enables them to be active in politics. Lawyers by developing my educational level can take up issues of public interest, civil and through taking courses and making political rights, that in turn, pushes them into diplomas. I obtained a diploma in interna- the political domain. As a lawyer you can tional commercial law which is very impor- force the executive to take actions in a tant if you want to work in corporate. So certain matter, or to prevent the implementa- you have to decide from the beginning tion of an administrative decision, because whether you want to work in a law firm or simply as a lawyer you have the know-how in house lawyer. You’ve to have a clear and you are aware of the legal procedures vision of what you want to be in the future; that should be taken in every case. Actually in don't just go with the flow. And most your everyday social life you find out that importantly never give up to your dream. lawyers are the ones who lead any meetings or gathering because of their considerable knowledge concerning law that blends in with Q.Do you believe that floating the Egyptian pound was the right everything else like politics and economy. Of course with all of my decision? respect to other professions. A.Yes definitely, I think that this decision has a great positive Q.With the political transitions that the country has been influence on businessmen and investors. I will explain my point passing throughout the past couple of years how did that effect of view by giving you a simple example, now if a foreign current investment in Egypt? investor wants to invest 2 million dollars. The 2 million dollars was equal to 21 million Egyptian pounds but after the floatation A.Of course the political transitions that we have been passing it is equal to 40 million Egyptian pounds, but the 2 million through had loads of implications on private investment and in dollars is equal to 10 million Egyptian pounds in another the economy in general. But the Suez Canal development country. So of course the investor will invest his money in Egypt project was such an important step to attract investment in since it is equal to 40 million dollars in the example that I just Egypt. gave you. On the other hand this decision has a lot of disadvan- tages like for example increase in fuel prices but this is a tempo- rary stage that hopefully we will overcome. To be successful is not easy especially that the country has been passing through a lot; it is a matter of progress. THE LAW DECEMBER 2017 15

INTERVIEWS Omar Mekky’s interview the ICRC Regional Legal Coordinator in the Middle East and North Africa By Mohamed Metawea 1.Can you introduce yourself, tournaments and competitions. rights law in order to ensure a better During that period, I rarely attended understanding, respect and imple- educational background, current classes during the course of my mentation of the Egyptian national enrolment at Alexandria University, law in my beloved country. I have position and the previous ones? which has always been legally jus- been granted two years of educa- tified by the Egyptian Ministry of tional leave by the Egyptian Ministry My name is Omar Mekky. I am an Youth and Sports and accepted by of Justice, I then enrolled in a Mas- Egyptian Citizen, 35 Years old, born the law faculty. In order to match ter program on International Human and raised in the beautiful coastal both my life as athlete and as a stu- Rights Law at St. Thomas University city of Alexandria. dent, I remember sleepless nights (STU) School of Law in the United and free time spent on books and States of America (USA). During my Immediately after graduating from on international phone calls with stay in the USA where I also gradu- high school in 1999, I joined Alexan- my class mates, in order to clarify ated with honours, I did two years dria University as a student of law. or discuss legal conundrums that I research positions at STU and John Despite my strong temptation to say used to face reading the text books Hopkins University, where I conduct- that I studied law because of my en- for the first time by myself. ed research on several international thusiasm to law and justice since law issues. In late 2010, I completed my early childhood, I would rather In early 2005, turning an important my educational journey by acquiring be frank and admit that I don’t re- page of my life as athlete, I was ap- a diploma from Salzburg Law School ally recall the real reason behind my on International Criminal Law, Hu- choice. Various conditioning fac- pointed as a public prosecutor and I manitarian Law and Human Rights tors might have instead subcon- started a new professional life in the Law. sciously influenced my decision, ancient city of Aswan, where I spent among which undoubtedly being the first three years of my career as In 2011, I joined briefly the inves- the third generation of lawyers in a lawyer. This was followed by two tigative team of the Bahrain Inde- my family. I know that this might years of assignment in Alexandria pendent Commission of Inquiry that interrupt the drama line but I be- City under the same capacity. Like was created pursuant to royal order lieve that successful principled many other public prosecutors in by His Majesty, Hamad bin Isa Al lawyering always starts by con- the Egyptian judicial system, I was Khalifa and presided by the late re- fronting ourselves by who we re- curious to know more about human nowned international law Professor ally are and what we truly repre- Cherif Bassiouni. The Commission sent. In any case, all what matters was mandated to determine wheth- for me today that I don’t regret er the events of February and March this decision by any means and I 2011 (and thereafter) involved viola- am certain that I can’t see myself tions of international human rights doing anything else but law. law, and to make the recommenda- tions that it deems appropriate. In 2003, I managed to graduate with honours from the faculty of After a brief return to the Egyptian law English Department. Despite Judiciary, I was seconded to the In- my intensive engagement with the ternational Committee of the Red Egyptian hand ball national team- Cross (ICRC), for one year as a legal which made me move to the Olym- adviser for the Kuwait Regional Dele- pic Center in Cairo (where most of gation covering the International Hu- the Egyptian national teams reside) manitarian Law (IHL) file in the Gulf throughout my 4 years law program. countries. Subsequently, I moved to We used to exercise twice a day and the IHL regional hub in Cairo to work I had the chance to tour almost the as sub regional legal adviser, cover- entire world on training camps and ing Yemen, Iraq, Libya, Lebanon and participated in various international 16 THE LAW DECEMBER 2017

Jordan. Later in early 2016, I was assigned to head the hub as the regional legal coordinator in charge of the IHL d2-isCsaenmyionuatsipoenakanadboiumtptlheemseimntialatriiotinesfilecsoimnmthiteteMd itdhdelecrEimaset oafngdeNnoocritdheAafnridca.pTrohhisibistsththee juosbetohfatchIeammicadlowinegapnoonws wanhdiledisffteilrleknecespibnegtwmeyenpoysoturaspraevjuiodugse incrtihmeesEgaygpaitniasnt hpurmimaanrityycaoftuerrts22onyehaorsld. or the use of any other weapon or meth- career as a public prosecutor and your of his initial indictment on 24 July and ods that might cause indiscriminate ef- current one as the ICRC regional legal 16 November 1995.The question here is fects or unnecessary suffering. coordinator the Middle East and North whether this type of justice do justice to Africa? the victims and especially the victims IHL applies to armed conflicts. It does of warfare? Shall the victims be left in not regulate whether a State may actu- Regarding the similarities, and I will pain until the justice process finalises? ally use force; this is governed by an im- be very generic here, are that both the Here comes the role of ICRC and many portant, but distinct, part of international judiciary and ICRC work for the wellbe- other humanitarian organizations to law set out in the United Nations Char- ing of human beings. In principal, the provide the much needed humanitarian ter. Hence, I can say that IHL is based main concern of the two institutions is assistance to those victims. So to put it on the understandable and pragmatic to protect the human dignity of victims. in simple terms, ICRC is made for those assumption that warfare is an enduring They are both, with slightly different in- who wants to show more compassion and probably inevitable feature of the terpretations, independent, impartial, during the justice process. Something international system. It comes to strike neutral and humanitarian. Humanitarian that the prosecutors, given their particu- a careful balance between measures in the sense that they both work on al- lar strict responsibilities, have very lim- required to achieve the purpose of war leviating the suffering of human beings ited marginif anyto manifest, let alone (military necessity) and the protection of wherever they are found. Each of the two to provide any assistance to the victims. persons affected by the armed conflict institutions, however, operate differently, The best that any prosecutor can do to (principle of humanity). mainly because each of them has differ- the victims is to work day and night to ent mandates under the applicable laws expedite the case to reach to the happy 4-What was your motive to work with that might be national or international. end as fast as he/she can. This, howev- ICRC? What is common, nonetheless, is the er, should not be understood as if ICRC fact that in my two capacities as a pub- abandons the justice process. On the My first encounter with ICRC was in lic prosecutor and as an ICRC employee, contrary, ICRC constantly calls on the 2005 in the Egyptian Ministry of Justice listening and responding to the tears state to apply IHL, which dictates that in a course that was dedicated to the and suffering of the victims is the most those who violate the laws of war should top ranked prosecutors and judges in important thing to ensure that the ser- be prosecuted by the state’s court or at Egypt. Knowing very little about IHL at vice is efficiently provided. I do believe least to be extradited to another state law schools, I remember my colleagues that the moral grounds of the two insti- that is willing to prosecute them. ICRC and I were very much surprised to know tutions are quite similar, but what varies further assists the states to fulfil their that wars do have limits and that some- is how the two institutions respond to international obligations by supporting thing could be done to alleviate the suf- the victims. them in incorporating IHL provisions fering of human beings during armed in their domestic laws and train states’ conflicts. Especially that the state of af- While the state judiciary (including the judges and prosecutors to familiarize fairs in the world at the time were highly public prosecution office) focuses solely them with IHL rules and principles. So I dominated by the so called “war on ter- on serving justice to the victim, ICRC would say that the two institutions com- ror” in Afghanistan and Iraq not to speak focuses more on alleviating the suffer- plement each other and I am lucky that about the longstanding occupation in ing of this victim until justice is served. I was given the opportunity to do both. Palestine. During this course, we were Please don’t get me wrong, I am not un- told many stories about the massacres derestimating the role of the judiciary. I 3-What is IHL and how does it protect in Srebrenica and Rwanda and how an believe nothing is more important than the victims of wars? effective implementation of IHL could a body that strengthens the societal have saved lives. We were told about feeling that those who violate the law In a nut shell, IHL (commonly referred to what ICRC does to protect the victims will be held accountable. As St. Augus- as the laws of war) is intended to regu- of armed conflict in the Middle East. At tine puts it “kingdoms without justice late warfare in order to reduce useless this moment, I started feeling something are mere robberies.” I know for a fact, hardships or as many prefer to put it: to different about the rule of law. I got at- from my personal experience as a public humanize warfare. It gradually grew up tached to the idea that there is a branch prosecutor, how difficult this job is. One in parallel with the rising curve of civi- of law that have such energy, empathy spends hundreds of hours investigating, lization including the Islamic one. IHL and human warmth. You know, visiting morgues and hospitals, listen- today is a set of rules, embodied in trea- we as lawyers are not really used to ing to victims and witnesses, reading ties and customs accepted by states. It emotions as an aspect of professional forensic and police reports, collecting seeks for humanitarian reasons to limit engagement. We prefer rationalizing evidences, making sense of it and draft- the effects of armed conflict. It does things which often makes things less in- ing indictments, attending courts’ hear- so by protecting persons who are not teresting and feelingless. It was my first ings etc… It is indeed a lengthy process or are no longer participating in hos- time to see law as a tool to respond to and the more complex the case is the tilities, such as: civilians, wounded, sick, the sorrows of human beings. Thanks to longer it gets. This bumpy road is not and shipwrecked and prisoners of war. Cherif Atlam, the former ICRC regional only on the national level but also on It also lays down the rights and obliga- legal adviser in the Middle East (and my the international one. A week ago, the tions of the belligerents in the conduct mentor since then), who skill fully con- International Criminal Tribunal for For- of military operations and limits the veyed this feeling to all of us. Just to mer Yugoslavia (ICTY) sentenced Ratko choice of weapons and tactics used to confirm to me what Gerry Simpson said Mladić to life imprisonment for having injure the adversary. For instance, IHL that “words in the right order make us THE LAW DECEMBER 2017 17

INTERVIEWS feel differently about the world.” do, it will still look too little. I remember ize that we don’t have it as bad as we in many occasions, I received feedbacks might have thought. All these readings I became even more passionate about from combatants on the ground that will not only expand your range of expe- the laws of war by closely following the they took what I told them about IHL in rience but ultimately also increase your conflicts in the Middle East. I remember their considerations in the battlefields. empathy towards the plight of others. watching the war in Gaza 2008/2009 To what extent this is true? To what ex- Is not this the definition of international over the news with a deep sense of grief. tent it made a difference? To what extent law anyways? Is not it all about making The only humanitarian actor back then it saved lives? I have no idea. Wars are, people concerned about the present sor- that was doing its best to help the victims were and will always be a devastating row of others? was the ICRC. Iyad Nasr, the spokesper- reality of our world and I don’t envisage son of ICRC at the time, was screaming any utopian solutions to this problem. Along the same lines, law students as his lungs out to call the warring parties Reality just confirms to me, day after well as lawyers should be aware that to allow ICRC access the affected areas day, that I need to live with it without seeking knowledge doesn’t have to be in to provide the necessary assistance to feeling frustrated. My achievement will a formal classroom setting. In fact, most the victims. At this moment, I felt that if always be drastically imperfect because of the useful information I know was I really want to do something about that it is surrounded by too much horrid be- picked up informally from good conver- then I should join the ICRC, to make my haviour that often ruin the taste of any sations with members of my family, col- voice heard somehow. It is basically this individual victory. Can this still be called leagues and friends. Learning opportuni- very idea that ICRC is seeking the ap- a success or an achievement? I have ties are all around us and it is a lifelong plication of the best of humanity at the no idea. I guess my biggest achieve- process. Setting goals could also help. worst of times that attracted me to it. I ment personally and institutionally is I often do long term list and short term wanted to be part of such a humanitar- that I still believe that saving one life ones. This could include set of skills, ian movement. I simply wanted to “do- is worth all the painstaking efforts and languages and knowledge that you want good”, and in my view, specializing in negotiations that we undertake. This is to acquire. We should also teach our- IHL and working for the ICRC were the what gives me energy to wake up every selves to be resilient. You cannot expect best instruments to do so. It was a way day and to work dozen of hours relent- to learn this in law schools, they were to find a more meaningful life that I am lessly, bearing in mind that: “whoever simply not made for that kind of teach- still struggling to live until today. saves one (soul) -it is as if he had saved ing. So we need to be strong and learn to mankind entirely.” bounce back when life hit us down (and 5-What are your achievements with it does hit hard, many times indeed). ICRC? 6-What is your advice to the youth, especially the law students and young Last but not least, learn to love and be- I joined the ICRC in 2011, when several lawyers? lieve in what you do because you will end Middle Eastern countries fell into differ- up spending so much of your lifetime ent wave of conflicts and violent con- I believe that I am not in a position to ad- on it. Believe in the significance of the frontations. Consequently, the role of vise anyone on anything. If you open my unique role of our profession in uphold- ICRC in the region has increased dramat- heart and brain you will only see many ing the rule of law. Let’s be frank (also ically. I have been personally involved in shattered and contradicting ideas, mor- a little proud) a few other professions several IHL dissemination and negotia- als and feelings. Having accepted to do carry a comparable weight and ability to tion sessions across the region, in coun- this interview, I can share however only impact lives, businesses and finance as tries like Syria, Iraq, Yemen, Lebanon and few lessons learnt from my imperfect those who practice law. Aristotle said it others. I engaged with different decision and uncompleted journey. 300 years BC: “At his best, man is the no- makers, politicians, armed carriers and In my humble opinion, one of the key blest of all animals; separated from law influential media outlets. My mission as factors of success, as lawyers, is read- and justice he is the worst,” and it us law- an ICRC legal adviser has always been ing or generally seeking knowledge. This yers who are in charge of maintaining to convince the warring parties that re- should not be limited to law as such but the best of humanity. What could possi- specting IHL matters and that violating rather should include the most various bly be more important? Having said that, IHL rules and principles might have seri- disciplines, such as history, politics, one last thing should be mentioned here, ous humanitarian consequences on the philosophy, religions, and literature. which will come across a little too con- civilian population, as well as on the per- Reading about politics will make you un- troversial, if you make it and you become petrators’ legal accountability. derstand the dynamics of power; read- one of those busy lawyers, people will I am not really sure about the impact of ing about philosophy and religions will bore you with this infamous question on my words, but what am certain of, is that make you understand the origin of mor- managing your work/life balance. They I deal with my job faithfully and with a als and why people behave in a certain usually hint that these two things are great deal of passion. In situation like way; reading about literature can teach competing for your attention and wellbe- wars it is very difficult to measure the you storytelling and enrich your imagi- ing. Please learn to answer them that for impact of anything. The noisy drums nation and reading about history will us it is one and the same and that this is of war often make people deaf and the make you understand what other people the only way that life makes sense to us. enormous loss of lives and destructions went through and may be come to real- THE LAW DECEMBER 2017 ma1k8e them blind. No matter what you

Donia Mazghony’s interview By Abdel Rahman Sami. Q. Firstly,let us know about your jour- themselves. Q. Fresh graduates are often faced ney into law school with the requirement of experience Q. Gaining the when they apply to businesses, how A. Since I was very young, I have al- trust of your cli- are they to overcome such a thing? ways liked to read and write a lot, so ents is a crucial I was naturally drawn to journalism at thing, what do A. I see this issue much when I take first. But, following an extremely inter- you think are the part in interviewing fresh graduates; esting presentation of their curriculum important fac- they often think that they have no value and career opportunities by the French tors that would to add to the firm or company they are section of the Faculty of Law of the affect a client/ applying to because they do not have Cairo University at my high school, I lawyer relation- enough or any experience at all. This is decided that I was going to study law ship? not true in my view. Law firms in par- for my bachelor’s degree. I was actu- A. I believe that ticular are always on the look for good ally so keen on get-ting into law school being “present” fresh calibres, because they are simply that I spent a good part of the summer and being a the secret to growth and continuity. break following high school personally “good listener” There will always be an opening for going to the University to double-check are very important factors which help non-experienced law graduates who the progress of the admission pro- you gain your clients’ trust. By being can demonstrate the right set of skills cess, even though I had the qualifying present, I mean firstly being reachable and eagerness to learn – these are def- grades and had done very well in the and responsive; as in any service in- inite hiring material. This is what fresh admission interviews. dustry, your client always needs to be graduates should keep in mind when treated as your first priority. If you do applying for a job out of law school, Q. It was once said that being a lawyer know the answer to their questions, do and it should also be remembered by is only a man’s career as a defying ex- not delay it; and if you do not know it, every lawyer of any level of experience ample of that idea. Does that count as research the matter at once and find who is looking for the next challenge. a fact? the right answers for them. But it also The key is to honestly present what means knowing when to say no and you have learned thus far, what you can A. Unfortunately, this gender bias ex- how to set the right expectations for do, and that you can learn what the law ists, but I personally do not believe that your clients, whether in terms of feasi- firm would be able to teach you; this a career in law is a “man-only thing”. bility of their request or timelines or is what would incentivise a law firm to Women are generally very intuitive, but fees, etc. This might appear counter- invest in hiring and training you. Apply- also details and facts diggers, which intuitive, but believe me, being realistic ing for internships through their years helps a great deal in law. Excluding (while exerting best efforts of course!) of study also helps a lot, both in pre- women from the legal field would in my definitely sets you apart. senting themselves and their activities view be a great loss. Being a good listener requires you to always ask your clients what they need Q.Do you believe that your vision is dif- of you, how can you help them develop ferent from men? their venture or business, what you can do beyond the law perhaps to network A. I do believe that the real issue is them into business partners you may culture and prejudice. I would not say know, and so on, because asking the that women are innately less good at right questions will help you identify analytical or quantitative skills, but it is what your clients really want, and help true that both the law and money have you be a real added value to them. It traditionally been perceived as male- is important to try to give your clients dominated subjects no matter. This is what they truly need, not only what you changing now, as girls are seeing more can offer at any particular time, as this and more female leaders in the legal will help you constantly improve as a and business circles, so they feel more lawyer and your firm as a service pro- empowered to integrate those circles vider. THE LAW DECEMBER 2017 19

INTERVIEWS in an interview, as well as to give them which is always bound by strict efficien- The new Investment Law, amendments an idea of the kind of job they would be cy requirements, and depending on daily to the Companies Law, and the new Val- applying for. interaction with governmental authori- ue-Added Tax Law, Industrial Licencing ties which are still restrained by a large Law, Insolvency Law, and Movable Col- Q. Ms. Donia, we have examined few of baggage of bureaucracy despite the cur- laterals Law, are all very good examples the cases you’ve handled throughout the rent push for more flexibility and facilita- of this trend. years, that drives us to a very curious tions in the public sector. This definitely However, we are still lagging behind in question, how do you balance between slows you down. It is also sometimes terms of implementation of these laws. your work and your personal life? very difficult to explain or justify to your Either we have to wait for a long time for clients, who often come from a differ- executive regulations to be published, or A. That is actually your toughest ques- ent culture and different business back- cumbersome internal processes within tion so far! It takes a lot of effort to re- ground if you deal with international cli- the relevant public authorities con-tinue alise something meaningful; and if you ents. Having to deal with the frustration to prevent the intended reforms from be- want to reach a certain spot in life or call of lack of transparency, inaccessibility ing fully implemented. yourself an achiever, you have to really of documents or information, or chang- work for it. You cannot do the minimum ing views and unavailability of written Q. you talk about the reformation of the required and expect big success; it does opinions from certain public authorities system, you think this is the only prob- not work this way in real life. I believe for instance can be crippling, but they lem. that you have to make a decision early do teach you a great deal of diplomacy A. Of course not, but I am on the one in your career whether you want to keep and due care, as they can either make or hand speaking only from the business law as a simple job, or you want to carve break your trust relationship with your laws perspective, and on the other try- yourself a well-established place in the client. ing to highlight the bright side, not only legal field. If you choose the latter, you the problems. To me, implementation is need to have the passion and the pa- Q. the Egyptian legal system, what are key as I mentioned, because without it, tience, and you need to have the will to the issues in it, and what can we do to the best laws in the world would remain give all it takes for you to shine in the improve it? a dead letter. For instance, if you have legal community. legislation mandating that companies’ A. I believe that there is a very positive incorporation must be completed in one Q. In the light of the obstacles that face push from the government to improve day, but in real life you get stuck at ratifi- people working in the legal field, what is the legal and regulatory framework for cation by several governmental entities, your source of power to drive forward as business, which is the field I work in. We and you have to deal with an electronic some people might simply give up for have recently seen several long-awaited publication system that is malfunction- the joy of the moment? new laws and legislation amendments ing, in addition to pre-licencing process- being passed aiming to update, sim- es with long lead-times, you will end up A. I think our biggest challenge as a law plify or facilitate processes to attract spending months before you have an up firm is always having to make a balanc- foreign direct investments in particular. and running business. Another example ing act between being a private service of problems faced is delays in the issu- 20 THE LAW DECEMBER 2017

Q. as 2017 is coming to an end, what did this year mean to the cause, as a guide, Legal500 is based only on clients and peers firm and the legal community? reviews. I always try to do my best to maintain this trust and ap- preciation, and I am very grateful for the loyalty of my clients and A. 2017 brought a number of reforms to the legal system, which I the respect of my peers which I get in return. believe should lead to a positive outcome, namely the investment reform, the subsidy and spending cuts, the taxation reform and Q. why did you choose the oil & gas field? the energy market overhaul. Several legislations were passed, A. I enjoy setting up projects and new business ventures. I also which address most pressing needs of the business community. find project fi-nance extremely interesting. The energy field al- I note with particular interest the new Investment Law and Gas lows me to work on both aspects. Also, because it is largely Law (the latter complementing the Electricity Law of 2015 in de- based on model contracts, whether the Production Sharing regulating the energy market) which my team and I have to deal Agreements we use in the oil and gas field or the Power Pur- with on a daily basis. chase Agreements we see in the power sector, it involves a lot Q. Is your post graduate studies were slightly irrelevant to your of legal analysis and interpretation work, constantly juggling law role? and contractual arrangements, which I find mentally gratifying. I am also very passionate about the subject of climate change, A. On the contrary; for both my Masters degrees, I studied Inter- and I try through my work in the energy sector to be a driver for national and European Business Law, and International Financial raising awareness and market shift towards green and efficiency Law, both of which being very relevant topics to my corporate, projects and initiatives. energy and projects practice. Q. Finally, Do you have a message for students or the next gen- It may be true that bachelors degree courses do not totally pre- eration lawyers? pare you for law practice in Egypt. But I believe that when you pursue post-graduate studies, it is much more beneficial to do A. To borrow some of Steve Jobs’ words of wisdom, I would en- so when you have had a few years of work experi-ence and have courage students to find something that they love to do, and do identified the fields you are most keen to work in, in order to ben- it, because it is the only way of doing great work. Do not go into efit the most of studies by deepening your knowledge in the rel- law school for grades or convenience. Find what interests you in evant areas of law. this very rich field, work on it, and create your own opportunity if Q.What kind of cases do you accept? opportunity does not present itself to you at once. A. When you have been working for a number of years and have established a certain expertise in a particular field, you can trust clients to bring your way relevant deals and projects. In my case, this is true in project finance and energy work, which have been the focus of my practice for the past few years. I person-ally have a preference for untouched grounds, new areas of law and new types of projects, such as the feed-in tariff renewable energy pro- gramme when first launched back in 2014 for example; these are very challenging projects because the framework is not neces- sarily well established in Egypt, so you have to do a lot of re- search, comparative reviews, and work a lot with international counsel gaining new expertise. I find this kind of work very inter- esting and gratifying. Q. From your point of view, what are your expectations for oil and gas and business generally in Egypt through the upcoming years? A. I think the oil and gas field will continue to be a great source of foreign direct investment in Egypt, as the field will see a lot of new opportunities after this year’s gas market liberalisation and new tender rounds, as well as the country’s efforts to develop a solid energy efficiency programme, such as most recently by joining the global initiative to end routine gas flaring for instance. Q. Is having a lot of oil and gas corporations in Egypt a good or a bad thing? A. I believe it is a very good thing, because it helps diversify foreign funding flows and creates a sound competition between various players, to avoid what would otherwise be a monopolisa- tion of the market by a few giant global oil and gas players. It also brings to the market diverse techniques, and trains a pool of labour force up international standards, which are very positive outcomes. THE LAW DECEMBER 2017 21

INTERVIEWS Khaled El Demerdash Interviewed By Farah Hatem and Rawan Roshdy Egypt Kuwait Holding Q. Why did you prefer working as a legal director in an in-house EKH is a holding company which holds a lot of subsidiary com- company rather than establishing your own law firm? panies that practice mul-tiple/several activities. For instance, there is a company that deliver natural gas, companies special- Q1. Why didAfter I have graduated, my interests were leaning towards ised in chemicals, fertilisers manufacturing companies and others in communications and information technology. Our role working as a professor in my col-lege and I was ranked as the as legal counsels starts from the establishment decision of the first highest achiever at the university of Zakazik Egypt, but subsidiary company and choosing it’s legal form, its policy and unfortunately they did not appoint anyone at my year. So, I to the establishment phase, our role also include issues related you preferdecided to work at a law firm so I worked at el Shalakny law to the employment contracts and disputes arising between the company and the country or the government.It ends at the firm. At that time it was one of the most important law firms in phase of the liquidation of the com-pany.So actually it is not Egypt. I gained much experience and I recognised the differ- limited at giving a legal opinion as the legal department in EKH ence between the academic and the practical field. After two may be considered as a law firm which is limited to the legal years I was offered to work at Egypt Kuwait holding com-pany issues of the EKH and its sub-sidiary companies as the company holds 40 Egyptian subsidiary companies and the working asas a legal director at Egyptat the beginning of it and luckily I got same for Arab companies and there’s a legal stuff in each sub- sidiary company. accepted. Q. The Majority of law school graduates aren't actually aware of the role of a legal counsel in an in-house company, is it only about giving a legal opinion and would it differ if it was a limited liability company or any other form of company? 22 THE LAW DECEMBER 2017

Q. Are there any problems the corporation faces from being a Q. From your own point of view, what do you think of the steps multinational cooperate concerning laws and procedures or recently taken by the minister of investment here in Egypt? any problems in general as it is said that there is no harmonisa- tion between both countries? A. In fact, the minister of investment is taking a good steps into investment in Egypt, but the main problem at the end is the A. Even if Kuwait’s contribution ratio is high it is still considered conflict arising with the state organs. For example, one of the an Egyptian Joint stock company, which was established problems that happened was when the minister of investment according to the Egyptian investment law number 8 for year was the one who supposed to issue the executive regulations of 1997. To the extent that we almost forgot about nationalities the investment law no.72 for year 2017 and then all of a sudden and we are dealing as if it is an Egyptian company. And, regard- the prime minister became the one who’s going to issue the ing harmonisation between both countries, no problem has ever executive regulation and it was also supposed to be issued took place throughout all these years in our company. And they within 90 days from the day of the issuance of the law but it was are always keening to increase their investments in Egypt every not issued throughout the 90 days limit. This is just an example now and then it is just the bureaucracy problem in Egypt that of such conflict. In general, the steps taken are good but the can hinder such investments, but we hope that with the new problem remains in the practical application of the law. investment law we can overcome this problem. Q. Are there any other legal position rather than being a legal Q.Would you like to add any advice to law students/graduates? counsel in EKH? A. In Fact, I would like to refer once again that students or gradu- A. I believe that everything in the company at the end is related ates shall not focus on the judicial field for the privileges they to the legal department whether in the holding company or its got but what I have actually noticed in the recent years that a lot subsidiary companies. And every company’s issues differ than of law men quit being judges and refer to be lawyers and estab- the other as there’s a legal stuff as I mentioned before in each lishing their own law firms for example Dr Ismail , he was a company that facilitates the company’s daily work under our judge and now he’s the director of CRCICA and I know a lot of supervision because they are not always daily/simple issues, law men who realised that being lawyers is much better for there’s some that needs our intervention for instance the arbitra- them where there’s no place for pressure as in the judicial field. tion disputes. My advice that they have to prepare and qualify themselves well to be ready for the practical life because law school fresh gradu- Q. It is known that investments help in rapprochement between ates are now thousands if not millions and here in Egypt it is not people from different countries and cultures is that true or it that easy getting a job and law firms actually bet on the fresh may create problems? graduates that they will be distinguished and as a consequence they will succeed. I would like to add that in the past years we A. No one can ever say that foreign investments can create thought that other fields in law was not that good to specialise problems between countries, as the foreign investor will never in, but on the other hand others believed it is good and they prac- put his money in a business, except when he is sure that this ticed it. For instance, the copy rights, it wasn’t well known here country will provide him legal protection and whatever he needs in Egypt as there was many computer programs without license to make a successful business ,as the investor seeks the best return with the least risk. And, investments have a lot of advan- so few only practiced it and the same for arbitration, here in tages that we must make use of as it creates jobs and promote Egypt we have distinguished arbitrators such for our economic growth, but the sudden changes concerning as Dr Mohamed S. Abdelwahab. certain investment law and disrespecting contract obligations that is the main obstruct that we must overcome. THE LAW DECEMBER 2017 23

INTERVIEWS Maithaa El Hamny Interview Interviewed by Khaled Khashab New Emirates Investment in Egypt We have attended the People of Determina- Q.Why did you choose Egypt, of all the MENA region? tion Conference on November the 16th, on a personal level I found it fascinating more on its initial, ultimate, and this year’s goals? The conference was a merely brain child, it was not prepared for. I visited Egypt last time to establish a business of my own; when I met few personals they introduced me to (Ehna Masr) organization which oversees certain disabled individuals. Also, this year2017/2018 – is the year of bless, the Zaied year. Also, sheikh Mohammed Ben Rashed referred to people with dis- I do not consider “why” for Egypt. It’s Egypt for us, this country ability as people of determination. That’s why we had the vision is the mother of all, she is also our safeguard. of training 50 individuals of determination and qualify them for It was Sheikh Zaied’s exhort not to leave Egypt by itself, I recall the market, as well as co-operating with guests from the confer- sheikh Mohammed ben Zaied: “if we have nothing but bit, we’ll ence to create jobs for the individuals. Ehna masr contacted us share it with Egypt”. with a proposal of selecting 50 individuals from their lists to start training them as we planned as a launching phase to Q.In investment opportunities, does Egypt has a priority over the MENA countries? group (my business) initiated the conference with full capacity Currently yes, Egypt is in its best conditions for investment, the to start the initiative. I was honored with the attendance of great new law is very encouraging. Needless to say that that there’s figures . no limits for cooperation with UAE. Yes, we are welcomed glob- ally to invest, but we feel united here. Egypt deserves to be Q.What is the New Year’s goal or expansions? planted with prosperity. You can say that we hope to multiply the number of trainees Q.Going back to UAE, why did you choose political awareness next year, as well as providing free-of-charge courses for for your PHD? people of determination and those with financial difficulties. Q.Are you planning to establish a legal institution in Egypt? At a time I was a member of the state council, similar to the people’s assembly of Egypt. Through that experience I started Not quite, we are planning to establish an institution that pro- to believe that people were not aware of their rights and obliga- vides few services for the field. The institution will focus on tions. For instance, they didn’t know what were the criteria to three main services; researches & publications, training for stu- elect representatives, what is a representative and so. So, I sug- dents, and qualifying graduates. gested the idea to my supervisor and we found no precedent So, the group is not only focusing on people with determina- studies. So, we “scanned” for the biggest three universities in tion? No, the training is for all. But, we consider these individuals the were governmental, and I had great results and I had my PHD best category entitled to the best we can provide. with the highest degree and recommendations of translation Within the legal division of the institution, would be there coop- and circulation. eration between the institution and the public sector and interna- tional organizations? Is it possible to see a student exchange program or graduates Of course, we are in for collaboration with all entities, though exchange to introduce them to Egyptian and Emirates legal the main collaboration will be with the public sector, this does system? not exclude the possibility of collaboration with the public sector in UAE. Definitely, it is possible to see a forum similar to world youth forum that was held in Sharm el Sheikh. This will be a great op- portunity to introduce students to different legal systems. 24 THE LAW DECEMBER 2017

Alarm: Egypt’s As of 2015, Egypt was reported to rates are not going down! have a divorce rate of a single case every 6 minutes which ended in 250 thousand divorce cases by the end of the said year. The number did not decrease as during June 2017 there was a 15% increase in divorce rate compared to June 2016. With Egypt being #1 country in divorce rates, there are worries From another aspect, the reports show an increase of marriage of how marriages will end up in 2017. related violence to 1.5 million incidents. According to CAPMAS, it is not yet clear whether a low rate is It is worth mentioning that these rates include divorce with expected in 2017 or not as 2016 did show a set back with a court order, another indicator that the legal field is more or less divorce rate of 192 thousand cases as of the end of the year, affected by this phenomena, a more clear report is highly antici- however as mentioned before, this was followed by a 15% pated. increase in the same month next year, the thing that might indicate another huge rate similar to 2015. Egypt currently has a number of more than 3 million divorced women, with an expected marriage time of 0 to 3 years. Between divorce and other family related issues, There are few factors that cause such rates, most of the cases brought before the family court were affiliated with the following reasons: 1-The young age of the couple. 2-The financial difficulties for the newlyweds’. 3-Social pressure. 4-The high cost of marriage which can make their marriage very stressful. 5-The lack of sexual comfort and issues like sexual abuse. 6-Child support evasion. 7-Paternity and child custody. THE LAW DECEMBER 2017 25

STATISTICS & SURVEYS Most demanded legal practices globally 2017/2018 With 2017 coming to an end, few practices have found a place to rest their heads within the top notch of demanded practices, some countries can’t simply get enough of lawyers and here the practice areas that countries demand and willing to pay for USA: 1.Title closer 2.Senior/supervisor paralegal TITLES IN DEMAND: 3.Lease manager 4.In-house counsel According to Robert half legal survey these 5.Compliance manager are the practice areas to be highly demanded 6.Legal secretary in 2018: 7.Litigation Support/discovery manager 8.Paralegal(legal assistant) 9.Lawyer(litigant) MOST COMMON PRACTICES: 10.Contract administrator Furthermore, according to the same institute’s salary guide of 2018, the following practice areas are highly demanded within the upcoming 2 years, legal professionals with experience in the following high-growth prac- tice areas are seeing competitive salaries and multiple job offers: 1 2LITIGATION: BUSINESS/COM- Demand for legal professionals with MERCIAL LAW litigation expertise is expected to re- Mergers and acquisitions, new product main strong, especially for those with a development, and expanding markets commercial litigation background. Hir- are driving opportunities for lawyers ing will vary according to geographic and legal support professionals who regions, but candidates with insurance specialize in corporate transactional, defense, personal injury and employ- compliance and contract administra- ment litigation experience should be tion law. highly marketable in many cities. 3 4REAL ESTATE COMPLIANCE As, the commercial and residential real With many federal and state regulations estate sector continues to expand; in flux, companies are hiring experi- firms are looking for legal professionals enced legal professionals who can help who can help navigate state and local them remain current and meet compli- laws or offer insights on lease adminis- ance mandates. tration, zoning issues and title research. 5 HEALTHCARE Medical providers, government agencies and law firms are seeking lawyers and legal support pro- fessionals with experience in federal healthcare policy, healthcare implementation, medical re- search, medicare fraud, and other healthcare-related matters 26 THE LAW DECEMBER 2017

UAE: The information from the UAE shows demand in the form of remuneration, yet according to the same guide these are the skills and roles in demand: SKILLS AND QUALIFICATIONS IN DEMAND: 1 WESTERN EDUCATED WITH GCC EXPERIENCE 2 ARABIC DRAFTING ROLES IN DEMAND: EXPERTISE 1 In-house corporate and 3 EFFECTIVE ENGLISH COM- compliance legal counsel MUNICATION SKILLS 2 Transactional associates POSITIONS WITH (mid to senior level) HIGH SALARIES (DEMAND) 3 Projects lawyers (mid to senior level) 1.Chief Legal Officer/Head of Legal/General Counsel $ 245,200 - $ 425,100 2.Regional Legal Counsel $212,500 - $228,900 3.Legal Manager $ 150,400 - $ 204,400 4.Legal Counsel 6–9 years’ experience $163,500 - $220,700 5.Legal Counsel 3–5 years’ experience $88,300 - $155,300 6.Legal Counsel 0–2 years’ experience $65,400 - $98,100 7.Paralegal $ 63,800 - $ 91,600 Legal Assistant. CANADA: The information from the UAE shows demand in the form of remuneration, yet according to the same guide these are the skills and roles in demand: THE FOLLOWING PRACTICES ARE HIGHLY DEMANDED WITHIN THE UPCOMING TWO YEARS: 1.General business/corporate law: 30% more opportunities 2.Litigation: 29% more opportunities 3.Real estate: 15% more opportunities 4.Regulatory/compliance: 6% more opportunities 5.Privacy, data security and information law: 3% more opportunities THE LAW DECEMBER 2017 27

STATISTICS & SURVEYS Highest lawyers wages by countries The legal field is known to be highly profitable and expensive. There are few factors of course that govern such a matter, Billing method and pricing structure, the size and, prestige of the law firm, the area of law, or the type of legal work being done, the experience level of the lawyer, and the location where the legal services are being performed.1 In this article we shed the light on the location as a factor on determining the fiscal value of lawyers. LAWYERS’ SALARIES: 10 United Kingdom 9 Belgium 8 Singapore $97,945 $101,106 $103,268.34 Although a hard time for the UK there is an Although almost all professionals enjoy a Although Singapore is the one of the small- increase of 0.6% in last quarter of 2016. high quality of life and globally competitive est countries in the world it has one of the The British economy is primarily based in salaries, lawyers with five to seven years’ most robust economies in Asia. Most of the service industry. of experience are paid $101,106 making the country’s economy is based in the ser- them the ninth highest paid law profes- vice industry. sionals in the world. 7 Australia 6 France 5 Japan $118,593.00 $146,050.98 $146,697.06 The average salary for people in private The cost of living in France is quite high, Japan’s extremely healthy economy is be- practice with 0 – 3 years of experience is and the tax and social security contribu- ing threatened by an ageing working popu- $118,593.00 tions are some of the highest in the world. lation and an extremely low birth-rate, the So although you may earn a lot as a lawyer thing that will cause a generation of peo- in France, you probably aren’t saving much. ple depending on social security. None of which will be a lawyer. 4 South Africa 3 Hong Kong 2 Switzerland $185,463.35 $189,124.40 $202,304.63 South African lawyers make an annual sal- Lawyers in Hong Kong also enjoy this high The average salary for people in private ary of $185,463.35 with just 1-3 years of quality of life and extremely competitive practice with 0 – 3 years of experience is experience. wages $202,304.63 1 United States of America $220,059.92 As being considered the most powerful country in the world, United states of America have been according to many researches the highest paid country regarding the salaries of lawyers. 1-http://blog.lawkick.com/how-much-lawyers-cost/ 2-https://www.careeraddict.com/top-5-countries-with-the-highest-paid-salaries-for-lawyers UK Belgium Singapore Australia France Japan South Africa Hong Kong Switzerland USA 28 THE LAW DECEMBER 2017

For Who You Should Go?! Dispute Resolution- Arbitration: As the legal market is getting big- ger and widened everyday and in Mohamed Salah Abdel Wahab most of the disputes clients feel Khaled El Shalakny, at Shalakny Law Office. confused in picking up the right Ahmed Kosheri, at Kosheri, Rashed and Riad. lawyer or the right law office to Tarek Fouad A. Riad, at Kosheri, Rashed and Riad. handle their disputes. Banking and Finance: GREAT, you do not have Mona Zulifucar, at Zulifucar & Partners. to worry anymore or to feel con- Ashraf H Z Elibrachy, at Ibrachy & Partners. fused about picking up your right Mohamed Ghannam, at Baker& Mckenzie. lawyer. HERE, is all you need to Rashed Kamel, at Al Kamel Law office. know in most of the legal majors. Corporate M&A: Intellectual Property: F. John Matouk, at Matouk Bassiouny. Hassan Elkhashab, at Eldib Advocates. Mona Zulifucar, at Zulifucar & Partners. John Gerges, at Maher Milad Iskander & CO. Omar Bassiouny, at Matouk Bassiouny. Samir Mostafa Hassan, at Hamza & associates Law Firm. Mohamed Ghannam, at Baker& Mckenzie. Yasser Hashem, at Zaki Hashem & Partners. Oil and Gas: Aly El Shalakany, at El Shalakny Law Office. Sameh Khodeir, at Zaki Hashem & Partners. Mohamed Talaat, at Baker & Mckenzie. THE LAW DECEMBER 2017 29

ARTICLES 30 THE LAW DECEMBER 2017

THE LAW DECEMBER 2017 31

ARTICLES Gehad Al Saeed LEGAL RESEARCHER & ATTORNEY AT LAW LLM University College London A primary focus for all law students and legal practitio- knowing the rationale behind it,such rationale is discovered by ners is reasoning law with any given case. In the a good reading of the legal rule. Thirdly, finding sources of beginning of studying law, it comes to our knowledge interpretation is highly crucial, the law may include a specific that the primary sources of law are as follows, Consti- rule to regulate a certain action, but is ambiguous when tution, laws and regulations, Customs, Natural law reading which cause a difficulty when applying it to our case. principles and Jurists and Judiciaries as a source of interpreta- In this case, a referral must be made to the applicable sub sub- tion. It is also vital for gaining a legal sense as a start to know how stantive rules, jurists opinions’ and court decisions in this to reach a proper understanding of a specific legal rule and how to regard which is known as “stare decisis”. For instance, if an apply it to a given case to find a right legal solution, that is an article of law is not clear, we refer to its executive legal regula- essential part when studying law to practice legal analysis. tion if still not understandable, we refer to jurists’ interpreta- However, the more we develop a better understanding of law, the tion and courts’ judgments. more we face complexity in solving our legal problem due to the sophistication of the facts in relation to it and the surrounding cir- After presenting the three steps for a better law interpretation, cumstances at a time. it is substantial to cover also the cases where there are no legal rule to be applied to our legal inquiry. In other words, if When starting investigating law as a legal practitioner, we are the law is silence on a specific matter, how can we determine encountered with several rules under different laws that could be if an action is legal or not. In this scenario, we have to fill such contradicting with each other. Here the situation raise a difficulty legislative gap using analogy. The use of analogy in this and a challenge when examining law, as we have to choose the respect could be done through linking our case to our reason- correct rule to be applied to the dispute. It may sounds easy to ing of law under a specific jurisdiction i.e. by interpreting the pick the right legal rule and to interpret it in the light of the facts of essence of law under this jurisdiction to find whether such the dispute. But with contradicting interests of two legal oppo- jurisdiction welcomes generally this type of actions and then nents, different interpretations may exist. At this stage, we refer to investigating whether such action may violate the rationale of judges under their discretionary power to determine what rules the legal rules in this country. The puzzle of filling the gaps shall be applied in this regard. arises because provisions of law seem to be descriptive they The question that is necessary to answer in this regard, is how to are about how things are in the law, not about how they should interpret law whether as a judge or a lawyer or a legal researcher. be and yet it has been proved extremely difficult to say exactly The question that is necessary to answer in this regard, is how to what it is that they describe. It is commonly said that law is a interpret law whether as a judge or a lawyer or a legal researcher. matter of interpretation; but only, perhaps, because they under- First of all, we must be aware of the law(s) that shall be applied to stand interpretation in a certain way. When a statute (or the our case by gathering all facts and the question(s) to be Constitution) is unclear on some point, because some crucial addressed. For instance, if the dispute is about the ownership of a term is vague or because a sentence is ambiguous, lawyers land under Egyptian law, we refer to civil law rules in relation to say that the statute must be interpreted, and they apply what ownership, but if the case is not about ownership of a land by for- they call \"techniques of statutory construction.\" Most of the eigners, we refer to Law No. 230 of 1996 on the Regulation of Own- lawyers or judges assume that interpretation of a contract, for ership of Built Properties and Vacant Land by Non-Egyptians. example, is a matter of discovering what its contractors meant Secondly, once the applicable rule(s) to the dispute is decided, it is to say in using the words they did. But lawyers and judges rec- substantial to read and interpret it rightfully. Propositions of law ognise that on many issues the contractor had no intention can be very abstract and general, which may brings difficulty when either ways and that on others his intention cannot be discov- trying to interpret it and apply it to our case, accordingly, reaching ered. Here, a successful decision is based on a right reasoning the essence and reasoning of such rule is what is essential to find and interpretation of the primary sources of law and grasping the accurate legal interpretation. For example, lawyers are the customs when conducing the action has been tested under requested to deliver many legal advices, when delivering such the jurisdiction of the country. advice it is important to refer to the relevant laws, select from dif- To conclude, our hope as legal practitioners is to reach a ferent legal scenarios, and asses the risk when suggesting a deeper grasp of the structure and justification of the rationale specific scenario, such assessment has to be stemmed from a of any legal rule to enhance the rule of law by realising the correct interpretation of the applicable legal rule(s). In many cases aims of any legislation. The suggested steps for interpreting there are several rules that are general in its sense to limit our deci- the laws will surely help to capture many intuitive understand- sions, when failing to narrow it down a risk may occur Hence, ings of the concerns of law. finding the applicable legal rule is not enough without 32 THE LAW DECEMBER 2017

The New Investment Law Written By: Dahlia Hakim Senior Associate, Open Chance & Associates Law Firm in collaboration with Andrews Kurth New Attempts towards a Better Investment Climate The Country’s investment climate needs with the best desired results. Additional Incentives: legal support and legislative interference; The advantages of the new law is repre- The Law, in one of its clauses , decreed in order to address the economic shortfalls sented in addressing matters and opera- that the Cabinet may issue a decision of and weakness that struck our economy, tions related to mechanisms for entering granting premium investment incentives since the outbreak of the 25th January the Egyptian Economy, with strict regula- and privileges to the firms and facilities revolution and what preceded it from eco- tions, and sequenced methods, includ- that owned the previously mentioned nomic distortions that led to struck of the ing and detailing the provisions related special warranties and incentives , to basic economic pillar and the aversion of to the investment incentives, its con- be proceeding its production or engag- foreign investment, and subsequently in- trols, different investment systems and ing in its activity upon the situations creasing the unemployment rate, lack of how to get benefited from it. and according to the report that shall be flow of foreign currency and high importa- approved by the authority as well as the tion rates, which makes Egypt a communi- Towards Automation Orientation: need of some terms to be met and that cation point only not a global investment The new Law tends to and aims at estab- is what the clause ( 12 ) of the executive cycle. All of that made Egypt’s rating in a lishing simple and better services. And rule has decided. noticed decline in the last statistic issued we can find that in articles (21) & (48) from the World Bank. of the law by declaring the principle of The Community Responsibility of the In- “Automation” which put an obligation on vestor: The National Investment has not been the General Authority of Investment and For the purpose of encouraging and pro- spared from this, it was lately noticed Free zones (“GAFI”) to work on develop- moting the Health and Environmental that the national investors prefer the ing automation services at the “Inves- systems and to enforce the social and speculation in the Stock Exchange or tors Service Center” (I.e. the new name cultural services, the Country granted the travelling abroad to guarantee a better of the one stop shop expression) investor a right for allocating a percent- investment future than investing inside age of its annual profits to contribute to Egypt. Broadening the Umbrella of the Invest- the community development outside its All of this led to consolidate the institu- ment Law: investment project through participation tional efforts and the occurrence of the With regard to the scope of applica- in some of certain fields relevant to pro- direction towards renewing the Egyptian tion of the law, we can find that it has tecting the environment and improving economic blood by adding more guaran- expanded its scope of application by it and also the fields related to providing tees and incentives that encourages the including new activities that were not health, social and cultural care services. direct foreign investment and freedom included by the old Law; for example: from bureaucracy that struck all State covering some Educational and Sporting Specialized Investing Regions: Institutions and specially the bodies and activities. Also, the Law gives the Minis- The New Law is concerned of re-organ- institutions based on attracting foreign ter of Investment the authority of adding izing the private Free-Zones which were and national investment equally, and new sectors and other fields that might cancelled by the last amendment of the subsequently moving stagnant water to be required by the Egyptian economy old Law. On the other hand; the new Law bring the life back again to the economy. while its developmental path. gives the Cabinet the authority to issue One of the results of these concerted ef- ministerial decisions for establishing forts is the issuance of the new Invest- Guarantees and Special Incentives: Private Free-Zones that may include one ment Law no.72 of 2017 on the First of In addition to the incentives included in or more projects that are implementing June of 2017, replacing by that new law the old Law ; the new Investment Law similar activities. the provisions of the old Investment Law has provided some incentives relevant Technical Zones: no.8 of 1997. This law targeted laying a to the projects executed in certain and The new Law has allocated some zones foundation stone for a comprehensive specific regions exclusively ; therefore to be established as Technical Zones development operation of the business we can find that articles ( 10 ) & ( 11 ) in that shall be issued by virtue of a Prime investment environment in Egypt; to the Executive Regulation of the law has Ministerial decree upon a suggestion stimulate the economic performance. stated the geographic zone that benefits submitted by the Board of the Authority. However it shall be taken into considera- from the special incentives which is di- As a kind of motivation to invest in such tion that it still faces some challenges vided into two sectors ( A ) & ( B ) each zones, article no. (71) of the executive that requires consolidating the efforts of of them has specified conditions to be regulation of the Law has decided the all State Institutions; in order to come up fulfilled by the project. THE LAW DECEMBER 2017 33

ARTICLES exemption of tools and equipment nec- Ministerial Committee for Dispute Reso- Finally and from a practical prospec- essary for executing the licensed activ- lution of the Investment Contracts: tive, it has been proven, for long years ity from taxes and stamp duties. This committee is specialized in resolv- ago, that the economic performance ing the disputes that may arise from the was not improved by issuing new legis- Dispute Settlement, Arbitration and Me- investment contracts, that the country lations only. But rather, it shall be noted diation Center: or any of its affiliating entities or firms that the main problem still exist because The law has added a new channel for is a part of it. of the execution mechanisms of the in- settling down any dispute that may vestment laws and regulation. In other arise among the investor and any gov- The criminal liability of the investor: words, the ways of handling the invest- ernmental entity or entities in a friendly Other than the cases of flagrante de- ment issues still impede the way to de- way throughout negotiations among the licto, a petition to initiate criminal pro- velopment. disputed parties with keeping the right ceedings for the crimes provided for in to recourse to litigation. Also, it allows to the Customs Law promulgated by the Accordingly, I highly recommend that the parties, at any stage in the dispute, Law No. 66 of 1963, the Income Tax Law the employees and those who are work- to agree on seeking compromise what- promulgated by the Law No. 91 of 2005, ing on providing services to the inves- ever its way, including but not limited to; and the Value-Added Tax Law promul- tors shall receive professional training arbitration whatever its form (I.e. Insti- gated by the Law No. 76 of 2016, shall be on how to deal with the investors, how tutional or ad hoc)) filed upon inquiring the Competent Min- to use the machinery tools provided by And, this last way shall be carried out ister as to whether the person accused the authorities and finally how to inter- through the “Arbitration and Mediation of committing the crime is affiliated to pret the law in way that may not make Center” that shall be established inde- any of the investment projects which are confusion between the law and the in- pendently under the name of “Egyptian subject to the provisions of this Law. vestors’ need. Arbitration & Mediation Center” with headquarter located in Cairo and it shall Urgently needed be managed by a Board of members ap- Considering all these core changes that pointed by the Cabinet. shall cause a tangible investment devel- opment in the Country, however; it must Ministerial Committee for Dispute Reso- be known and considered that this Law lution: is merely a STARTING point. The Law has decreed and established ministerial committee specialized in By analyzing the current situation and act- handling any requests, complaints or ing like a comprehensive researcher, we disputes that may arise among the in- shall take into consideration many of the vestors and Egypt or one of its affiliate previous experiences that the Egyptian entities is a party in. economy has been through recently. Ministerial Committee for Dispute Reso- Effort shall be done to make separate lution of the Investment Contracts: legislative amendments to extinguish This committee is specialized in resolv- the economic weakness and failure ing the disputes that may arise from the within all the complementary Laws of investment contracts, that the country the investment field in Egypt. As well as or any of its affiliating entities or firms seeking another method of solving dis- is a part of it. putes that may arise between investors The criminal liability of the investor: and the government , in which the coun- Other than the cases of flagrante de- try does not act like a judge and litigant licto, a petition to initiate criminal pro- in the same time, by which it shall as- ceedings for the crimes provided for in sures the investor that he shall reach the the Customs Law promulgated by the transparency and safety edge. Finally, it Law No. 66 of 1963, the Income Tax Law will send a message to the Investors for promulgated by the Law No. 91 of 2005, entering the Egyptian market in a safely and the Value-Added Tax Law promul- way. gated by the Law No. 76 of 2016, shall be The frequent need of the investor of a filed upon inquiring the Competent Min- minimum level for legislative stability re- ister as to whether the person accused garding the legal framework governs his of committing the crime is affiliated to project or activity should be considered any of the investment projects which are as well; so as to make him able to esti- subject to the provisions of this Law mate the expenses and profits to assist Ministerial Committee for Dispute Reso- him in evaluating his investments for the lution: upcoming years . The Law has decreed and established ministerial committee specialized in Legislation in general and investment handling any requests, complaints or Laws in specific should not be treated disputes that may arise among the in- as computer software that shall be up- vestors and Egypt or one of its affiliate dated form time to time; as it may im- entities is a party in. pede the investor ability of conducting a feasibility survey for his capital. 34 THE LAW DECEMBER 2017

ASMAL Ain Shams Model of Arab League We are an academic simulation for the Arab League in Ain Shams University and a youth non-profit organization that was founded in 2009.Our main aim is to increase the awareness of the students regarding historical, social, economic, legal and political affairs in the Arab region and the whole world, as well as building their researching skills presentation skills,communication skills,negotiation and also debating skills. The simulation tries to achieve this through the 8 sessions under the supervision of Dr.Ahmed Dayhoum. During these sessions we discuss the above mentioned subjects and the current events in the Arab region in topics. Moreover, we analyse these events and finding solutions for challenges facing the Arab world. contact us : Our Objective is to build powerful characters capable of enduring any responsibilities and to increase their social and political awareness. [email protected] 01147552265 The Model consists of two committees:Academic committee and Organization committee. First:The Academic committee is responsible for the topics which are discussed in the Arab League. This committee consists of three councils which are: 1) The Arabian council of the Gulf affairs 2) The Arabian council of the sustainable development 3)The Arabian Council of combating the extremism Beside those three councils we also have this year The Arab Criminal Court (ACC) which is a simula- tion for the international court of justice (ICJ). Second: the Organization Committee and it is responsible for organizing all the phases of the year which are the AC delegates recruitment,the opening,the sessions,the conferences and the closing,this committee consists of 6 committees which are as follow: 1) Marketing. 2) External Affairs. 3)Fundraising 4) Human Resources. 5) Media. 6) Coordination. Last Year our opening was in The Arab League by the presence of MR.Ahmed Bin Hilly the deputy sec- retary general of the Arab League and other three ambassadors. Our certificates are certified from the Arab League and Ain Shams university. ASMAL for 10 years achieved a huge success in developing its participants either members or del- egates and is still doing this and going strong for its tenth year in a row.

NEWS NEWS POLITICAL 1-New National Space Agency in Egypt. November 13th, in it’s meeting with communication, national security, and defence committees, the education and research com- mittee approved, in the presence of the Minister of Higher Education, Dr. Khaled Abdul Gaffer, the draft law establishing the Egyptian Space Agency. 2-Arab League Secretary-General urges UN to address Iran's hostilities against Arab countries. Arab League Secretary-General Ahmed Aboul Gheit urged the United Nations on Sunday to prevent Iran from pushing the region to the “edge of an abyss,” saying that the missile recently fired from Yemen into Saudi Arabia represents an act of hostility against all Arab countries. Egypt's Foreign Minister Sameh Shoukry affirmed Cairo's rejection of any kind of foreign intervention or attempts to destabilise the safety of Arab countries. The Egyptian Foreign Minister also called for strong and clear action to defuse tensions in the region. Saudi Arabia's Crown Prince Mohamed bin Salman has accused Iran of \"direct military aggression\" against the kingdom by supply- ing the Yemeni rebels with ballistic missiles, but Tehran has denied any involvement. 3-Egyptian prosecution summons 'Sheikh Jackson' star El-Fishawy for questioning over 'contempt of religion’. A Cairo prosecution has summoned actor Ahmed El-Fishawy for questioning over accusations of “contempt of religion” in his recent movie Sheikh Jackson, according to Al-Ahram Arabic news website. The complaint alleges that El-Fishawy depicts clerics as having extremist thoughts and those followers of “contemporary doc- trines” are superior to rigid clerics. 4-Egypt-Gaza crossing opens under Palestinian Authority control for first time since 2007. The Rafah crossing on the Egypt-Gaza border has been opened for three days under the control of Palestinian Authority (PA) border guards on the Gaza side for the first time in a decade, Palestine’s envoy to Egypt Diab Al-Loh said in press statements on Saturday. The switching of control of border security on the Palestinian side from Hamas to the Palestinian Authority is part of a reconcilia- tion agreement reached in Cairo in October between Palestinian factions. Al-Loh said that Egypt has decided to open the crossing for three days starting Saturday for students, Palestinians who hold resi- dency in Egypt, and humanitarian cases. 5-Egypt PM Ismail discusses economic cooperation with Hungary's Assembly Speaker Kover. Egypt's Prime Minister Sherif Ismail met in Cairo on Thursday with Laszlo Kover, the speaker of the National Assembly of Hungary, to discuss Egyptian-Hungarian bilateral relations, Al-Ahram Arabic news website reported. The two officials discussed economic cooperation in agriculture, water treatment, infrastructure and railway development. Cairo is set to host the upcoming round of meetings for the Egyptian-Hungarian economic cooperation committee in December. Ismail and Kover also discussed a number of political issues, including Egypt's efforts to fight terrorism. The Egyptian prime minister voiced his appreciation for Hungary's support of Egypt in the EU. 6-Egypt orders detention of Libyan suspected of involvement in Western Desert attack. Egypt's prosecutor-general has ordered the detention of a Libyan suspected of involvement in a shootout between police and ter- rorists in Egypt's Western Desert in October, which saw 16 policemen killed. The 25-year-old from Libya's Derna is part of a terrorist organisation based in that country, which was led by an Egyptian terrorist called Emad El-Din Abdel-Hamid who was killed during army strikes after the October attack. The group received training in camps inside Libya and was able to access Egypt through the Western Desert, in preparation to carry out a number of attacks against churches and several other institutions, the police said. According to the statement, several members of the group were also behind an attack on Egyptian Copts in May, when gunmen ambushed a bus of pilgrims in Minya, killing 30 people. On 19 October, 16 policemen were killed and 13 others were injured following a raid on a terrorist hideout in oasis. 36 THE LAW DECEMBER 2017

THE LAW DECEMBER 2017 37

NEWS 38 THE LAW DECEMBER 2017





GO TO GROW STUDY IN THE UK Chevening Scholarship is the UK government’s global scholarship programme that offers future leaders the unique opportunity to study in the UK. With a fully-funded UK Government award, you can complete a master’s degree at one of the UK’s many world-class universities in just one year. Applications is now OPEN and will close 7 November 2017. Apply online at www.chevening.org/apply

http://www.natgas.com.eg/