The Law Mag edition 9

THE LAW THE LAW.ME LAWYER OF THE YEAR --- Girgis Abdel Shahid BEST IN HOUSE RISING STARS FIRM OF THE YEAR TEAM --- --- --- CIB Legal Department Youssef El Samman Matouk Bassiony & Hennawy Sherif El Hossieny Mr. Mohy Megahed Muhammad Ussama WWW . THE LAW . ME 1



ALWAYS EXPANDING Egypt Office Sudan Office UAE Office Contact Info: Contact Info: Contact Info: Address: 12 Mohamed Ali Genah, Address: Khartoum South, Plot no.3, Address: Office 601,Maze Tower, Garden City, Cairo, Egypt Block no.1 / KH,Khartoum Sheikh Zayed Road Tel: +2 02 2796 2042 Tel: +249183483344 Tel: +(971) 42892159 Email: [email protected] Email: [email protected] Email: dubaiinfo@matoukbassiouny. com

Eman NafeeHoda A. NafeeSalma Farouq LogisticsManaging EditorBusiness Team Bassel Khalil Khaled al-Khashab Noran Abdulbaki CEO Editor Senior Editor Yassmine Soliman Business Team Fatima Hassan Mariam Bahaa Business Team Business Team Fatma El-deweny Sara Salem Editor Editor Nada Nabil Ramez El-Taher Business Team Organizer Heba Abo-Slima Bilal Elmelih Zeina Elbakry Mahmoud Hesham MEET Editor Graphic Designer Art Director Media Production Manager THE Waleed Arafat Gahndi Mariam Moheb FAMILY Business Comm. IT Advisor Logistics Advisor Ahmed Magdy Logistics Wasseem Ashour Graphic Designer 4 WWW . THE LAW . ME

A WORDFROM THE FOUNDER Welcome to the 9th edition of THE LAW magazine, and the 5th annual LAW Talks. A five-year journey of dedication is opening up a thriving future for the Law within which times have changed. When we sparked our “movement”, we were still full of that youthful excitement and passion. The passion that drove us forward in our quest to restore the values of law & order which were long forgotten. We believe that law people are the guardians of society and the keepers of balance. Our belief gave us the vision of connecting and strengthening the legal industry to develop the legal community in a way that will lead us to a broader society, achieve access to justice and power the rule of law. We built a wall of hope in five years to pin our dreams and triumph, a magazine that features the role models, recognizes people who inspire us, and the words that show the world that this is how law should look like. We aspire and work towards breaking the chains that limit our success after years of blackouts and propaganda. Our wall was the beacon of pride and great achievements through our various and diverse divisions and services. Nonetheless, we came closer to a new journey in a new era, we promise a 2020 game changer to our Clients and affiliates, which could be the end of the legal field, as we know it. This special Edition is only a reflection of our community, its Office Tel: + 20 100 130 9412 bittersweet life, greatness, insights, and most of all, the voices Address: Villa 51 Abo baker el-sedik, Heliopolis, Cairo, Egypt and words of those who make this community what it is. Email: [email protected] Website: http://www.thelaw.me We hope that you enjoy reading the magazine as much as we enjoy making it. Sincerely, Ziad M. Ali #THELAW #THELAW_Magazine #LAWTALKS #LEAP #ACD WWW . THE LAW . ME 5

TCABOLENOFTENTS Section Future of Lawyering 8 By: Aly El Shalakany and Rokaya Ghoneim 10 Lawyer of the year 14 (Girgis Abdel Shahid) By: Hoda A. Nafee 18 20 Best in-house Team (CIB) By: Hoda A. Nafee Where you should go Independency of CBE By: Mostafa Reda Ebeid Firm of the year 24 (Matouk, Bassiouny & Hennawy) By: Editors Team Section Turkey between use of 28 force and self defense 30 By: Merna Osama Awad News (Economic - Oil & Gas - Law Firms) 6 WWW . THE LAW . ME

Section Rising stars 36 (Youssef Al Saman) 42 By:Noran AbdulBaki 48 52 (Sherif Hossiny) 56 By:Heba Abo Slima 58 (Muhammad Usama) By:Fatma El Deweny Judicial Impartiality By:Abdullah El-Malatawy Legal directory Payment Gateways By: Basma Seif Most influencing judge 62 (Amal Amar) BY: Noran Abdulbaki 64 65 UK Healys selects Egypt as 66 its first branch in the Middle East Legal Updates Knowledge Management By: Sara Abdelghafar Section Section Importance of Intellectual 70 Property Rights By: Omar Abd EL Salam WWW . THE LAW . ME 7

圀䠀䄀吀 圀䔀 伀䘀䘀䔀刀 䄀 猀 琀栀攀 氀愀眀礀攀爀猀㬀 愀搀瘀漀挀愀琀攀猀 愀渀搀 昀爀漀洀 漀甀爀 戀攀氀椀攀昀 椀渀 椀洀瀀爀漀瘀椀渀最 琀栀攀 氀攀最愀氀 椀渀猀琀椀琀甀琀椀漀渀猀 攀挀漀猀礀猀琀攀洀㬀 吀栀攀  䰀䄀圀 椀猀 瀀爀漀甀搀 琀漀 愀渀渀漀甀渀挀攀 椀琀猀 ᰠ䈀甀猀椀渀攀猀猀 匀漀氀甀琀椀漀渀猀 昀漀爀 䰀攀最愀氀 䔀渀琀椀琀椀攀猀ᴠ 搀攀瀀愀爀琀洀攀渀琀㬀 漀甀爀 䈀甀猀椀渀攀猀猀 匀漀氀甀ⴀ 琀 椀 漀 渀 猀   愀 爀 攀   琀 愀 椀 氀 漀 爀 攀 搀   昀 漀 爀   䰀 愀 眀   倀 爀 愀 挀 琀 椀 琀 椀 漀 渀 攀 爀 猀 Ⰰ   䰀 愀 眀   伀 昀 昀 椀 挀 攀 猀 Ⰰ   愀 渀 搀   䰀 愀 眀   䘀 椀 爀 洀 猀 ⸀   倀 爀 漀 瘀 椀 搀 椀 渀 最   琀 栀 攀 洀   眀 椀 琀 栀   愀   瀀 漀 爀 琀 昀 漀 氀 椀 漀   漀 昀  洀甀氀琀椀瀀氀攀 猀漀氀甀琀椀漀渀猀 椀渀 搀攀洀愀渀搀 眀椀琀栀 猀甀挀挀攀猀猀昀甀氀 攀渀琀椀琀椀攀猀⸀ 伀甀爀 最爀漀甀瀀 漀昀 攀砀瀀攀爀椀攀渀挀攀搀 䈀甀猀椀渀攀猀猀 瀀爀漀昀攀猀猀椀漀渀ⴀ 愀 氀 猀 Ⰰ   眀 椀 琀 栀   猀 琀 爀 漀 渀 最   甀 渀 搀 攀 爀 猀 琀 愀 渀 搀 椀 渀 最   漀 昀   琀 栀 攀   氀 攀 最 愀 氀   挀 漀 洀 洀 甀 渀 椀 琀 礀 ᤠ猀   搀 礀 渀 愀 洀 椀 挀 猀   愀 渀 搀   爀 攀 焀 甀 椀 爀 攀 洀 攀 渀 琀 猀 Ⰰ   愀 爀 攀   栀 攀 氀 瀀 椀 渀 最   䰀 愀 眀  伀昀昀椀挀攀猀 ☀ 䘀椀爀洀猀 愀挀挀漀洀瀀氀椀猀栀 琀栀攀椀爀 漀戀樀攀挀琀椀瘀攀猀 猀漀 琀栀攀礀 挀愀渀 戀攀琀琀攀爀 猀攀爀瘀攀 琀栀攀椀爀 挀氀椀攀渀琀猀⸀ 吀栀攀 搀攀瀀愀爀琀洀攀渀琀 瀀爀漀瘀椀搀攀猀 愀 眀椀搀攀 爀愀渀最攀 漀昀 攀砀瀀攀爀琀椀猀攀 琀栀愀琀 椀渀挀氀甀搀攀猀㨀 吀爀愀椀渀椀渀最Ⰰ 愀渀搀 䐀攀瘀攀氀漀瀀洀攀渀琀 䌀漀渀猀甀氀琀愀琀椀漀渀猀㨀 䬀渀漀眀氀攀搀最攀 䴀愀渀愀最攀洀攀渀琀㨀 伀 甀 爀   搀 攀 瀀 愀 爀 琀 洀 攀 渀 琀   挀 愀 渀   瀀 爀 漀 瘀 椀 搀 攀   洀 甀 氀 琀 椀 瀀 氀 攀   搀 攀 瘀 攀 氀 漀 瀀 洀 攀 渀 琀  䌀 爀 攀 愀 琀 椀 渀 最   愀 渀 搀   洀 愀 椀 渀 琀 愀 椀 渀 椀 渀 最   䬀 䴀   猀 漀 氀 甀 琀 椀 漀 渀 猀   琀 栀 愀 琀   椀 渀 挀 氀 甀 搀 攀  洀 漀 搀 甀 氀 攀 猀   昀 漀 爀   椀 渀 搀 椀 瘀 椀 搀 甀 愀 氀 猀   眀 椀 琀 栀 椀 渀   琀 栀 攀   椀 渀 猀 琀 椀 琀 甀 琀 椀 漀 渀   漀 爀   攀 渀 琀 椀 琀 礀  猀 攀 愀 爀 挀 栀   攀 渀 最 椀 渀 攀 猀 Ⰰ   搀 漀 挀 甀 洀 攀 渀 琀 猀   挀 漀 渀 琀 爀 漀 氀 Ⰰ   䔀 渀 琀 攀 爀 瀀 爀 椀 猀 攀  椀 渀   漀 爀 搀 攀 爀   琀 漀   椀 洀 瀀 爀 漀 瘀 攀   琀 栀 攀 椀 爀   挀 愀 瀀 愀 挀 椀 琀 礀   愀 猀   瀀 爀 愀 挀 琀 椀 琀 椀 漀 渀 攀 爀 猀 ⸀  匀 攀 愀 爀 挀 栀 Ⰰ   愀 渀 搀   漀 琀 栀 攀 爀   洀 攀 愀 渀 猀   漀 昀   䬀 䴀   昀 愀 挀 椀 氀 椀 琀 愀 琀 椀 渀 最   琀 栀 攀   眀 漀 爀 欀  伀甀爀 洀漀搀甀氀攀猀 椀渀挀氀甀搀攀 猀瀀攀挀椀愀氀椀稀攀搀 挀漀甀爀猀攀猀Ⰰ 刀☀䐀 愀猀ⴀ 漀昀 琀栀攀 攀渀琀椀琀礀 愀渀搀 攀渀猀甀爀椀渀最 挀漀猀琀 ☀ 琀椀洀攀 猀愀瘀椀渀最⸀ 猀 攀 猀 猀 洀 攀 渀 琀 猀 Ⰰ   愀 渀 搀   漀 渀 ⴀ 搀 攀 洀 愀 渀 搀   猀 欀 椀 氀 氀 ⴀ 戀 愀 猀 攀 搀   琀 爀 愀 椀 渀 椀 渀 最 ⸀   伀 甀 爀  䰀攀最愀氀⼀䈀䐀 䄀猀猀漀挀椀愀琀攀猀 挀愀渀 瀀爀漀瘀椀搀攀 瘀愀爀椀漀甀猀 挀漀渀猀甀氀琀愀ⴀ 䔀瘀攀渀琀猀 䴀愀渀愀最攀洀攀渀琀㨀 琀椀漀渀猀 漀渀 挀爀甀挀椀愀氀 洀愀琀琀攀爀猀 琀栀愀琀 椀渀挀氀甀搀攀㨀 洀愀渀愀最椀渀最 瀀爀漀ⴀ 伀 甀 爀   琀 攀 愀 洀   挀 愀 渀   搀 椀 爀 攀 挀 琀   攀 瘀 攀 渀 琀 猀   琀 漀   攀 渀 猀 甀 爀 攀   愀   猀 瀀 攀 挀 琀 愀 挀 甀 氀 愀 爀  栀愀渀搀氀椀渀最 挀漀渀琀愀挀琀猀 眀椀琀栀 栀漀猀琀椀渀最 椀渀猀琀椀琀甀琀椀漀渀猀Ⰰ 挀漀渀搀甀挀琀ⴀ 猀栀漀眀⸀ 椀渀最 洀愀爀欀攀琀 爀攀猀攀愀爀挀栀攀猀Ⰰ 愀渀搀 洀愀渀礀 洀漀爀攀⸀ 䄀甀搀椀漀 ☀ 嘀椀猀甀愀氀 匀攀爀瘀椀挀攀猀㨀 䴀愀爀欀攀琀椀渀最 匀漀氀甀琀椀漀渀猀㨀 䄀琀 吀栀攀 䰀䄀圀Ⰰ 眀攀 瀀爀漀瘀椀搀攀 䄀ⴀ氀攀瘀攀氀 瘀椀搀攀漀最爀愀瀀栀礀 ☀ 伀 甀 爀   䰀 攀 最 愀 氀 ⼀ 䈀 䐀  䄀 猀 猀 漀 挀 椀 愀 琀 攀 猀   挀 愀 渀   挀 漀 渀 琀 爀 椀 戀 甀 琀 攀   琀 漀   䴀 愀 爀 欀 攀 琀 椀 渀 最  瀀栀漀琀漀最爀愀瀀栀礀 猀攀爀瘀椀挀攀猀 昀漀爀 攀砀挀攀氀氀攀渀琀 猀琀漀爀礀琀攀氀氀椀渀最⸀ 猀琀爀愀琀攀最椀攀猀 昀漀爀 氀攀最愀氀 椀渀猀琀椀琀甀琀椀漀渀猀 眀栀椀挀栀 最甀愀爀愀渀琀攀攀猀 攀砀ⴀ 挀 攀 氀 氀 攀 渀 挀 礀   椀 渀   最 攀 渀 攀 爀 愀 琀 椀 渀 最   戀 甀 猀 椀 渀 攀 猀 猀 攀 猀   愀 渀 搀   搀 漀 洀 椀 渀 愀 琀 椀 渀 最  伀渀氀椀渀攀 倀爀攀猀攀渀挀攀㨀 瀀爀愀挀琀椀挀攀猀⸀ 伀甀爀 搀攀搀椀挀愀琀攀搀 琀攀愀洀 漀昀 搀攀猀椀最渀攀爀猀 愀渀搀 椀氀氀甀猀ⴀ 琀爀愀琀漀爀猀 愀爀攀 挀愀瀀愀戀氀攀 漀昀 瀀爀漀瘀椀搀椀渀最 瘀愀爀椀漀甀猀 瘀椀猀甀愀氀Ⰰ 圀攀 洀愀渀愀最攀 愀氀氀 漀渀氀椀渀攀 愀挀挀漀甀渀琀猀 愀猀 眀攀氀氀 愀猀 瘀椀爀琀甀愀氀 椀渀ⴀ 瘀 椀 爀 琀 甀 愀 氀 Ⰰ   愀 渀 搀   瘀 椀 搀 攀 漀 ⼀ 愀 甀 搀 椀 漀   瀀 爀 漀 搀 甀 挀 琀 猀   愀 渀 搀   漀 琀 栀 攀 爀   挀 爀 攀 愀 琀 椀 瘀 攀  琀 攀 爀 昀 愀 挀 攀 猀   昀 漀 爀   氀 攀 最 愀 氀   攀 渀 琀 椀 琀 椀 攀 猀   琀 漀   欀 攀 攀 瀀   琀 栀 攀   攀 渀 琀 椀 琀 椀 攀 猀 ᤠ  挀 氀 椀 攀 渀 琀 猀  猀漀氀甀琀椀漀渀猀 昀漀爀 戀爀愀渀搀椀渀最 猀攀爀瘀椀挀攀猀 琀漀 攀渀猀甀爀攀 琀栀攀 挀漀渀渀攀挀ⴀ 攀渀最愀最攀搀 愀渀搀 甀瀀ⴀ琀漀ⴀ搀愀琀攀⸀ 琀椀漀渀 戀攀琀眀攀攀渀 琀栀攀 椀渀猀琀椀琀甀琀椀漀渀 愀渀搀 椀琀猀 琀愀爀最攀琀 愀甀搀椀攀渀挀攀⸀ 吀栀攀 䰀䄀圀 爀攀昀攀爀爀愀氀 渀攀琀眀漀爀欀㨀 䰀攀最愀氀 䄀猀猀椀猀琀愀渀挀攀㨀 䔀 渀 樀 漀 礀   爀 攀 昀 攀 爀 爀 愀 氀 猀   漀 昀   瘀 愀 爀 椀 漀 甀 猀   瀀 爀 愀 挀 琀 椀 挀 攀 猀   愀 渀 搀   猀 椀 琀 甀 愀 琀 椀 漀 渀 猀  伀 甀 爀  䄀 猀 猀 漀 挀 椀 愀 琀 攀 猀   愀 爀 攀   攀 焀 甀 椀 瀀 瀀 攀 搀   眀 椀 琀 栀   氀 攀 最 愀 氀   欀 渀 漀 眀 氀 攀 搀 最 攀   琀 漀  琀 栀 爀 漀 甀 最 栀   漀 甀 爀   挀 爀 漀 猀 猀 ⴀ 戀 漀 爀 搀 攀 爀   渀 攀 琀 眀 漀 爀 欀   漀 昀   爀 攀 昀 攀 爀 爀 愀 氀 猀 Ⰰ   愀 渀 搀  愀椀搀 椀渀 搀椀爀攀 猀椀琀甀愀琀椀漀渀猀 眀栀攀爀攀 攀渀琀椀琀椀攀猀 爀攀焀甀椀爀攀 攀洀攀爀最攀渀ⴀ 攀砀瀀氀漀爀攀 愀 眀栀漀氀攀 渀攀眀 眀漀爀氀搀 漀昀 挀漀漀瀀攀爀愀琀椀漀渀⸀ 挀礀 氀攀最愀氀 挀愀瀀愀挀椀琀礀 昀漀爀 琀栀攀椀爀 挀漀洀昀漀爀琀⸀ 吀愀欀攀 礀漀甀爀 氀攀最愀氀 戀甀猀椀渀攀猀猀 琀漀 琀栀攀 渀攀砀琀 䰀 䔀 嘀 䔀 䰀   吀 伀 䐀 䄀夀

Future of 1 Lawyering By: Aly El Shalakany and Rokaya Ghoneim Lawyer of the year (Girgis Abdel Shahid) By: Hoda A. Nafee Best in-house Team (CIB) By: Hoda A. Nafee Where you should go Independency of CBE By: Mostafa Reda Ebeid The LAW acts as the beacon of guidance for all audiences of the legal community. through our specialized programs, informative platforms, and research initiatives, we allow our audience to find paths to their goals, questions, and ideas through a collection of opinions and writings of experts in the legal field. WWW . THE LAW . ME 9

Technological developments in various Technological Developments in sectors and professions are taking place this Century at an unprecedented rate and the effect This century has already seen significant of technology on our daily lives is technological developments carve its way undeniable. It should come as no surprise into numerous fields and has contributed that the legal profession will go through to re-shaping our world. significant changes as new For example, the introduction of smart technologies arise. phones is a technological development with an undeniable influence on our daily lives. The smart phone has allowed us to be connected and accessible at all times through various channels (i.e. the ability to make instant calls, send messages, access work emails, shop online, order food etc.) with a single device right in our pocket. Further, the past decade has witnessed the emergence of online social media as a fundamental tool for numerous activities and industries. Our reliance on applications such as Facebook, Instagram and Whatsapp as a main source of communication, a platform for companies to invest in marketing and sell their products and as sources used to keep connected with global events. By: Aly El Shalakany and Rokaya Ghoneim THE FUTURE OF LAW -YERING 10 W W W . T H E L A W . M E

Legal Technology What areas will be disrupted? This automates and simplifies the drafting What is LegalTech? While there is no Traditional aspects of the legal profession process whereby lawyers use dynamic single definition, LegalTech is commonly are bound to be disrupted with the web-based questionnaires to customize used to refer to technology and software emergence of LegalTech. conditional contract terms in a pre-defined that improves the efficiency and For example, document production is template. productivity of legal services. currently being made swifter and easier Luminance is a platform that simplifies The main purpose is to improve the due to the development of automation the due diligence and compliance review quality of legal services and to deliver software that automatically produces process. It uses machine learning and these services at a lower cost. templates for legal documents. pattern recognition to read, analyze and What is the point of undergoing all these This means that lawyers will no longer understand legal language in a manner changes in a profession that has been need to draft documents from scratch. that pinpoints warning signs and identifies existing and functioning for pretty much The relentless connectivity and e-learning similarities, differences and anomalies the same way for centuries? spaces such as Tashreat, Westlaw and at all levels of the review. This results The introduction of LegalTech means thier likes, has made legal research a less in faster, efficient and cost-effective due that the same task can be completed in a burdensome task due to the access to diligence. shorter period of time. What will today laws, scholarly work and cases at ones These examples are the foundational require a lawyer to spend hours fingertips. An interesting new steps towards the greater influence of working on, can take but a few minutes development is that of online lawyers in technology on the legal world and show by a machine tomorrow. The outcome is the form of bots. human-like lawyer bots that we are well on the tracks predicted by higher productivity and a decrease in the will answer mainstream or less complex Susskind. need for human input (and in some cases, legal matters and will reduce the reliance human error). on the traditional lawyer. What does this mean for lawyers? From a client perspective, efficiency For example, an employee seeking Technology is progressing fast. means lower cost, which boosts their information regarding his labor law rights Unless we learn how to adapt and keep profitability. Internal and external counsel after suffering an injury at work will find it pace, many traditional legal businesses cost money. Simply put, the more easier and less burdensome on his wallet will fail. However, every problem is also technology takes over, the less expensive to simply ask a Bot rather than hire a an opportunity. Technological develop- legal services will be. It also means more lawyer. The performance of Bots will ments will present a fresh set of oppor- accessible legal aid for those who cannot improve over time with the use of tunities for entrepreneurial and creative afford to pay the big bucks for a simple machine learning. lawyers keen on embracing the change. legal query. The legal world must keep Even the traditional dispute resolution Young lawyers should be more adaptable up with other fields and invest in mechanisms will be disrupted due to the and proactive. They should learn about technological developments in order to evolution of online dispute resolution for technological developments as they come continue functioning efficiently. low-value disputes. This will take-over out and educate themselves on their use as a fast and efficient manner to access in the legal world. This does not Predictions for the coming years justice. necessarily mean being a coder or a Richard Susskind, who is considered by software analyst, it simply means being many to be an authority on legal Where we are right now aware of LegalTech and keeping pace technology, has recently published his There are thousands of new with new technological developments. second book predicting the future of the applications and hundred more being The downside is that we are currently legal profession. Due to his previously created every year. living in a hybrid time where technology accurate predictions, which were For example, SuperDrafter is created by is developing at an incredible pace, but published almost 20 years ago, his views LegalTech startup, Genie AI. traditional methods are still important for are seen as credible and well founded. This application automatically combines delivering high quality legal services. As His predictions include a fast shift towards relevant knowledge from around a firm to such, young lawyers will have to learn the automation for the performance of recommend clauses to lawyers as they two systems simultaneously. routine tasks and greater reliance on are drafting any legal document. As academic institutions have yet to make online means for the delivery of legal A machine confidentially reads room for technological developments in services. Susskind also foresees the thousands of pre-created documents their syllabus, young lawyers must be displacement of lawyers by computerized within a firm and analyzes variations of proactive and use their own tools and web-based services except where truly the same clause. The idea behind this initiative to learn. Search the web, find personalized and complex advice is is to allow lawyers to benefit from the articles and online courses and potentially necessary. A cheaper and more ‘collective intelligence’ of the entire firm try out startup technology in order to get convenient mechanism to access justice in order to negotiate the best deal for acquainted with LegalTech. will prevail through the introduction of clients. Global law firms such as Clifford Online Dispute Resolution and legal work Chance and Pinsent Masons are trialing The legal sector is will shift to managing legal processes by this software. being disrupted; this breaking them into smaller tasks and Another example is the Thomson Reuters’ is an undeniable fact. applying technological solutions to ContractExpress software. achieve maximum cost-effectiveness. Adapt and evolve or resist change at your own peril. WWW . THE LAW . ME 11

What were the changes that “Lawyering requires the firm has passed through since placing its establishment in 1987? oneself in the client’s Shahid Law Firm in Cairo, has grown to position.” become one of the leading international law firms operating in Egypt and the region since its With a very interesting variety of inception in 1987. It started with only 2 people lingual coverage that includes and kept growing untill it encompassed more English, German and French than 105 lawyers and support staff with wider legal consultations, does the knowledge and skills. firm consider expansion to another region? The Market research reflects quite the reputation that the Firm In fact Africa is our main target now as we are has, what are the strengths that planning to open up a new branch somewhere enabled it to build such powerful in Africa. We do have a correspondence office status? in Ethiopia as well. I believe we have a unique strong edge in the How did you manage to market. The firm is composed of different cement your status when generations with different experiences. We starting your career in such a have a unique combination of “old and new;” highly competitive market? the senior lawyers who enjoy eminent legal knowledge and experience, along with the new The credit regarding this point goes to our generations who enjoy creativity and founder. He is very understanding of the outstanding skills as well. Our team always national and international market. He realized works hard to stay updated with all the new that the market is always changing, and so is laws that comes out both nationally the business of law firms. That is why he and internationally. gives me the push to progress with this development, on the condition that You have been highlighted as one the fundamental principles of of the energy, and oil & gas Shahid Law remain intact. leading lawyers in more than one occasion and on various publications. What are the keys to this practice specifically? These practices are considered to be difficult practices as they not only require knowledge of the laws, but also require deep knowledge of the business. Can you describe how was the transition from the judiciary to a practicing lawyer, what were the reasons behind this change? Actually they are completely different lifestyles. The nature of the work is totally dissimilar. Regarding the judiciary, it always requires neutrality. Lawyering, on the other hand, requires placing oneself in the client’s position. Yet, I must say that this shift added to my legal skills a lot, as it allowed me to have the skill of viewing a mandate from a birds eye view, thus knowing its strengths and weaknesses. 12 W W W . T H E L A W . M E

Managing Partner of Shahid Law Firm By: Hoda A. Nafee Girgis Abdel Shahid W W W . T H E L A W . M E 13 LAWYER OF THE YEAR

How do you manage to strike major deals in energy, telecommunications and pharmaceuticals, and considering such crucial and hard practices, how do you choose an efficient team for such practice areas? Our team follows up on a day to day basis with the regulators of these industries and that’s how we gain the know- how, that is not in the books. We make sure we give business logic to our legal advice. In other words, we are “deal-making” not “deal-breaking” lawyers. Furthermore, we do help the government in improving their own regulations. Starting up an independent law firm in a young age has become a trend these days, how is that effective from your point of view? I think it is effective as it takes the competition to higher level, for the betterment of the legal market.However, younger lawyers are sometimes too eager to make this move too early in their career. This ends up with the client suffering, as they learn on the job. Lawyering is a life Of all the deals from the market style, so if you are research, what is the biggest passionate about it, deals that the Firm strike from leave your EGOs at your point of view? home, and do whatever it takes to learn. The firm has succeeded to conclude very strong deals recently as we advised a private equity firm in its acquisition of a minority stake in the transportation company, as well as a US based global food-processing and commodities-trading corporation in its contemplated acquisition of an Egyptian food-processing, warehousing and commodities-trading company. In litigation and arbitration, we acted for a major Korean heavy industries company in all disputes associated with the FIDIC contract entered into with the international consortium responsible for the building and operation of one of the Egyptian ports. This case led to Shahid Law getting the first Egyptian court recognition of an interim measure issued by an international arbitral tribunal. Furthermore, the firm represented two major regional media companies in a multi-million- dollar multi-party dispute involving litigation and arbitration under UAE law concerning breaches of a number of licensing and broadcasting agreements. 14 W W W . T H E L A W . M E

Academically, you have obtained At the end of the interview, what your L.L.M for Georgetown is your message to your team, University. What was the main clients, to the new generations focus of that degree, and do you and your father? believe that there is an “Ideal” time for continuous studies? For my team, thank you for your effort and keep it up. Shahid Law’s growth couldn’t be achieved I have received an LLM in international without you and the effort you exert. legal studies from Georgetown University Law Center, USA. Also, a BA in economics and For the new generations, education and the business administration from the American studying is not always enough. Practical University in Cairo. From my own perspective, work is a milestone for being successful lawyer. the ideal time for pursuing a degree is after Lawyering is a life style, so if you are minimum of two or three years of experience. passionate about it, leave your EGOs It is better to explore the market first then at home, and do whatever to learn. decide what subject to study. Clients, thank you for your trust in us. We will From your point of view, what are the always do our best to continue meeting your milestones of a successful lawyer expectations and help you achieve your goals. these days and what are the requirements needed to be an My father, thank you for your trust in me. It international lawyer? wouldn’t have been without you. You have been a source of knowledge for me. A mere law degree is no longer enough to progress in the legal career. A masters degree I need to add a thanks to my wife and family, or to be admitted in jurisdiction other than who, without their tolerance and love, I wouldn’t Egypt, has now become a basic and important have achieved what I have achieved to-date. step in this field. The world of internet and technology is rapidly expanding to the extent of including legal advices and updates, how does this effect lawyering and do you see this as a threat to the future of lawyers? M&A deals will be the most affected by the technology, including the standard corporate work requiring standard contracts. Technology, however, will never replace the brains of a smart, business savvy lawyer. From a perspective of a large law firm like Shahid Law firm, what future can you foresee for the world of Energy, oil and gas in Egypt considering the new amendments that are being ratified by the parliament? I think the best thing to do is being actively involved in the dialogue that the government sometimes offer with the private sector, when it contemplates a new or change in law. WWW . THE LAW . ME 15

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BEST IN HOUSE TEAM CIB EGYPT interview with: Mr. Mohy Megahed, Chief Legal Executive Officer of CIB Egypt By: Hoda A. Nafee wttWoooekdraeeldrvee’epsladuoleppwvowaeyuliostrhpskemtelhveeenenst WWW . THE LAW . ME 17

As the market is getting CIB is considered as the How was the bank affected by CIB has an international bigger every day and the leading private bank in the latest stock testament to its competition is getting harder, Egypt due to its exchange crisis? outstanding capabilities what is key of CIB strength special characteristics and competences in the face of adversity. As and what makes it different? that differs the bank the bank was acknowledged to be the first amongst its competitors, Middle Eastern company to be analyzed in including its management, human factor, a case study conducted by the Leadership market value, and sustainable development. Institute of the London Business School (LBS) — one of the world’s top five business schools. CIB was selected in recognition of its data- As a global bank as CIB of The bank has driven, human-centric approach to leading course you pass by big and succeeded to conclude transformation in the face of macroeconomic difficult deals every day, could numerous deals over challenges, and for how to lead transformation you tell us about the biggest the past years, given the in times of turbulence. deals you have concluded standard of our efficient recently or the recent staff, including the legal successful transactions? department staff. For How did the floating of the The bank has not been instance, in the year pound affect the bank’s affected negatively, as I 2019 we concluded strong deals with many operations, from the elaborated earlier, large corporate companies, including but not department’s perspective? we have a strong limited to, Egyptian Refining Company “ERC”, system that allows and Coca-Cola Company, where the bank’s us to adapt with such changes. role varied between acting as EIB Guarantor, Onshore Security Agent, Onshore Account Bank, and Facility Agent. Online banking is Till now we haven’t famous these days as many faced any obstacle transactions have been due to our bank’s high Recruiting candidates with We do care about performed online, what are sustainable development high standard of skills is of selecting candidates the legal obstacles or the legal in all aspects including crucial importance in global who enjoy outstanding problems that results of it and legal, technical, cyber entities, what is the CIB skills and passion to how do you manage it legally? security measures, all of criteria of recruiting and what work harder and develop which allows the bank to makes your team different? themselves. Also, as a keep up with the required technology general rule, all development of each stage of time. candidates must keep an excellent study records. Our recruitment process contains different stages including legal knowledge, practical knowledge and personal skills. This Could you please tell us a brief We have built a process allows us to identify the candidates about the bank’s future market-driven banking who are capable to add positively to the legal investment? service that spans the department, and are able to match with CIB’s entire country. CIB maintains a 33% share in performance standards. the Egyptian market, which includes over 100 million people. Due to Egypt’s size, we serve 3% of the 1.2 billion people on the African What is the percentage of out I could say that as a continent. We believe that our responsibility as sourcing and in what cases team we are 99% a Bank extend beyond Egypt’s boundaries and do you out source? independent in handling stretch across the blossoming motherland of most of our work except Africa. We are striving to grow together toward when a foreign Law is stated to be the accessible and inclusive finance for all by governing Law of a matter. In such cases, deploying digital banking services, we usually collaborate with an external legal expanding our reach to unbanked people counsel to work under our supervision and in across the continent, and empowering women accordance with our standards and and youth through divers quality of work. programs and projects. 18 W W W . T H E L A W . M E

Could you please tell us a Age Group varies between 22- 40 years old, including First Line Managers, brief about the team Senior Lawyers, and Lawyers. All are highly responsible and capable of composition, the number and handling various legal issues and providing legal opinions with very high do you have different research, analytical, and an up-to date legal knowledge. departments or is it only Furthermore, each of our lawyers have a high persistence to seek banking and finance? information in challenging situations, and to act and represent the Bank before governmental authorities, whether in Egypt or abroad. Also, and due to working and representing the leading private Bank, not only in Egypt, but also over other developing markets, all of our team must maintain the ability to work under consistent pressure and provide high quality legal services. A positive competition atmosphere is likely between such high calibers, and this works to the benefit of our Bank What does the future hold for We are always keen to develop ourselves to keep up with the world’s the CIB legal department? development. Accordingly, in case of any new subjects, laws or new technical matters changed we would be one of the first departments to learn about it and gain more knowledge related to these new matters in timely manner. Last but not least, please send a message to your team and To my team, thank you for your effort and your hard work that you excel to your clients. improve the legal department and to reach your best with our clients. You are a unique team with really outstanding skills and professionalism. To our clients, thank you for your trust in us. We do promise to exert all the effort we can to reach your goals and to keep your trust. WWW . THE LAW . ME 19

YOU WHERESHOULD The Legal market is getting Baker and Project Baker and Al Kamel Law bigger and bigger. New Mckenzie InfrastructureMckenzie Office. (Helmy Hamza Banking and (Helmy Hamza competitors come to the stage & Partners). Finance & Partners) Baker and every while and then. Inside Corporate/ M&A Mckenzie this huge market there are Zulifucar & Shalakany Law (Helmy Hamza& stars that shine in different Partners. Office Partners). majors of it,some have been on the stage for a long time Al Tamimi & Zaki Hashem & Shahid Law and other have been rising Company. Partners Firm. recently. Clients, especially multi-national companies Zaki Hashem & Matouk Zaki Hashem & before deciding on a certain Partners. Bassiouny & Partners. law office/firm to handle their Hennawy. Matouk Shalakany Law legal matters they pass through Bassiouny & Zulifucar & Office a lot of researches to pick Hennawy Partners. Matouk, up the perfect choice. We as Shahid Law Al Kamel Law Bassiouny & The Law acts as the legal firm. Office Hennawy ambassadors, we are Al Kamel Law determined to make it easier Office for you and shows you based Ibrachy Legal on a lot of researches from Consultancy. different sources the Top in each major. We, The Law, are keen to support our audience as we are always going to be in their service to help them get whatever they need or what they are looking for with no effort to exert or passing through a long journey of research. We are here to make all your dreams come true. 20 W W W . T H E L A W . M E

GO Employment Zaki Hashem & Dispute Resolution:Matouk Dispute Resolution:Baker and Matouk Partners. Litigation Bassiouny & Arbitration Mckenzie Bassiouny & Hennawy Energy (Helmy Hamza Hennawy Baker and & Technology, Media andMckenzie Intellectual Zulifucar & Partners). Shahid Law Telecommunication (Helmy Hamza Property Partners. Zaki Hashem & Firm. & Partners). Partners. Shalakany Law Shahid Law Kosheri, Rashed Al Tamimi & Office. Firm. & Riad Company. Shalakany Law Shahid Law Office Shalakany Law Shahid Law Firm Matouk Office Firm. Bassiouny & Zaki Hashem & Hennawy. Zaki Hashem & Al Kamel Law Partners Sharkawy & Partners. Office. Sarhan Baker and Zulifucar & Baker and Mckenzie Maher Milad Partners. Mckenzie (Helmy Hamza Iskander & Co (Helmy Hamza & Partners). (Andersen Tax & Baker and & Legal). Mckenzie Partners). NAL & Partners. Shipping (Helmy Hamza& Tax Partners). Shalakany Law El Saghir Law Services Office. Firm. Youssef & Partners Zaki Hashem & Shalakany Law Attorneys Partners. Office Al Kamel Law Zaki Hashem & Office. Partners. WWW . THE LAW . ME 21

photo credit: cbe.org.eg CONWTHROOLS WHO? The Independency Of The Central Bank By: Mostafa Reda Ebeid. Independency is the most important feature in a central bank in a nation which seeks Attorney at Zedan & Hamza Law Firm developing and evolving their economic system and to carry out its oversight duties. It is embedded into banking culture, as David Ricardo stated in a paper ‒ 1824 on the establishment of a national bank that “Government could not be safely entrusted with the power of issuing paper money; that it would most certainly abuse it ... There would, I confess, be great danger of this if Government – that is to say, the Ministers – were themselves to be entrusted with the power of issuing paper money. But I propose to place this trust in the hands of Commissioners, not removable from their official situation but by a vote of one or both Houses of Parliament. I propose also to prevent all intercourse between these Commissioners and Ministers, by forbidding any species of money transactions between them. The Commissioners should never, on any pretense, lend money to Government, nor in the slightest degree be under its control or influence … 22 W W W . T H E L A W . M E

If Government wanted money, it should From the later stated board structutre, it is be obliged to raise it in the legitimate way; clear that the executive authority by taxing the people; by the issue and possesses the selection of its members sale of exchequer bills; by funded loans; without any other authority observing it. or by borrowing from any of the numerous Comparing to the previous act regarding banks which might exist in the country; the regulation of the board of the central but in no case should it be allowed to bank, it is clear that the executive borrow from those who have the power of authority could easily pass any decision creating money” since they are issued by the majority of voting. It only needs half the board plus So how much our national central bank one vote for a decision to be issued. This match this rules of independency? means, that under the new amendment, it only needs five members of the board To answer this question, we should review to pass a decision and all of them directly the law of the central bank in two eras or indirectly representing the executive which have been divided by the Egyptian authority. While according to the previous jurists.However, the independency of the regulation it needed eight votes as the central bank is measured by the executive board was consisted of fifteen members authority control and representatives in in which the executive authority has only the board of directors. The independency three direct representatives. declines when the executive authority presenters in the board grows and so Does that mean the Central bank does the Egyptian central bank enjoys the doesn’t enjoy the independency needed independency to fulfill its needed to function? oversight duties. The central bank law has determined that Actually, no. The board of the central bank the central bank follows the president of is obligated to certain rules which rise its the republic to assure its independency. liability and make it subject to However, under the current modification accountability and this is a proof of of the central bank law, the governor of independency. Since the bank is obligated the central bank who is recommended to submit in a three months duration a by the prime minster, is appointed by the financial statement signed by the president and two deputies that are governor and two auditors that are selected by the governor, but are also appointed by the center auditing appointed by the president of the republic. organization, a statement of financial The president of the financial SUDEBAN position and a report of the outcome acts and a representative of the ministry of and decisions made by the central bank. finance selected by the minister. These reports submitted to the present Finally, four non-governmental of the republic, the prime minster and experienced members that are also the head of the people’s assembly which appointed by the president. means that the central bank is liable before both, the executive and legislative WWW . THE LAW . ME authority. However, there is no authority that has the right of verification of the decisions issued by the central bank which guarantees its independency to act. 23

Expertise & Excellence Awards - Leading Firm in Dispute Resolution Band 1 - Chambers & Partners 2018 - Top Tier Firm in Dispute Resolution: Arbitration 2019 – Legal 500 Europe, Middle East and Africa - Corporate Law Firm of the Year in Egypt in 2017- M&A International Global - Legal Awards - Tax – Law Firm of the Year – Egypt - 2018 - Construction Law Law Firm of the Year - Global Leading Lawyers 2017 - Commercial Law Firm of the Year in Egypt in 2015 - Global 100 - Arbitration Law Firm of the Year in Egypt 2019 – Global Law Experts - Best Lawyer of the Year (Dr. Tarek Riad) Global 100 – 2017 ABOUT THE FIRM Founded in 1965by Dr. Samia Rashed, Dr. Ahmed El-Kosheri, Dr. Tarek Riad and Ms. Hala Fouad Riad ; some of the leading minds in the legal field on a national, regional and international level. KRR has evolved to be one of the leading law firms in the Arab World in the fields of Corporate Law and Dispute Resolution including Litigation, Arbitration, Privatization, Telecommunications, Foreign Investments, Securities Transactions, International Business Transactions and Oil and Gas. SOME PREVIOUS & PRESENT OUR CLIENTS Address : 16A, Maamal El Sokkar St. Garden City (11451) - Cairo, Egypt Tel +2 02 2795 4795 +2 02 2795 9228 +2 02 2795 2096 Fax +2 02 2412 8351 [email protected] www.krr-law.com/#clientschambers.com/law-firm/kosheri-rashed-riad-global-2:105759

Firm of 2 the year (Matouk, Bassiouny & Hennawy) By: Editors Team Turkey between use of force and self defense By: Merna Osama Awad News (Economic - Oil & Gas - Law Firms) In an ever-expanding and dynamic environment, change is a must in or- der to survive the hand of time. At The LAW, we establish the connection between times. we overview the present, dive into the past, and march steady towards the future with our updated news on law, business, poli- tics, economics, and life. WWW . THE LAW . ME 25

YOFIFERATMRHE Matouk, In a very saturated Bassiouny & market, how does Matouk Hennawy Bassiouny & Hennawy choose their lawyers? By: Editors Team The first aspect we focus on in any 26 W W W . T H E L A W . M E interview is the ability of the candidate to fit into our Firm culture so that we can ensure to maintain harmonious teams that are able to work together in tandem. The second aspect would obviously be the technical skills.In addition to that, we offer services where our client is the top priority. So one of the top qualities we look for in a candidate is reliability; that the candidate will do his or her best to achieve what the client wants, irrespective of timing and workload.

There are many law firms in the The way we do this is by maintaining In jurisdictions like North Africa, they Middle East. Currently in Egypt our key asset: our lawyers. We need to usually do not have offices, so they we are witnessing the continue their training and advance their frequently need full office support, which establishment of various law skills in order to ensure that our clients’ we also provide. There are not many firms. How is Matouk Bassiouny needs are always satisfied. firms that are doing what we are aiming & Hennawy differentiating itself to achieve on a regional level. We just in the market? Additionally, there are not many law firms started our regional venture two years around that have a regional platform for ago and we have a long way to go before We see competition as a very good thing. North Africa, yet there is a lot of we can claim success. It is good to have a dynamic rather than demand, especially since North Africa is a static market. Every law firm that opens underserved. There is a lot of room for a and is successful will invariably better the number firms to grow in that space, and entire market, including us. It is also a on the GCC side as well. Our strategy is responsibility, especially when we are to be partner to international law firms. one of the top firms, to maintain that We are developing in the GCC, a more position. The only way to maintain that mature market, by focusing on areas is to not rely on being a top firm, but to where we can support the international always ensure that we can compete with firms. If it is in jurisdictions where they other firms in the market. have offices, they need specific areas of support, so we provide that support. WWW . THE LAW . ME 27

How is the firm adapting to Acquiring top tier clients is of With the Firm’s expansion to the the evolving legal technology a crucial importance to any big North African and GCC markets, landscape? law firm, could you please tell us is the Firm planning to expand about the Firm’s system to to other regions such as Europe, We are trying to explore the areas of acquire new clients and what East Asia, or the Americas? artificial intelligence that would actually grabs the clients’ attention be beneficial to our Firm, as there is a lot to the Firm? Our DNA is in emerging markets, so if we of hype surrounding a legal technology. are to move forward in other jurisdictions At the end of the road we have to seek Our strategy is to have different teams it would be in emerging market the type of technology that would be that are specialized in different legal jurisdictions, not likely in Europe or the most suitable to us. We have been fields. Depending on the legal needs of Americas. We also follow our clients’ implementing platforms in the Firm, but the client, we have different lawyers who needs, so the reasons will always be we are still in the evaluation phase, are best placed to service them. that we see a need in a specific market. testing what works best for the legal We have a culture where we share Dubai is obviously a very general place market and what kinds of benefits knowledge irrespective of how the for trade. Sudan is a growing place technology would have on our lawyers client came to the Firm or which partner for projects and infrastructure. Algeria without hampering their legal skills. is closer to the client, we put forward the should be following on the same path as best lawyer to help the client benefit the we have just opened an office in Algeria. Last year we acquired one of the best most. Corporate clients really appreciate systems for precedents. Facilitating that. It is not just a relationship During the past years the market access to precedents really adds to our with one partner who does everything, has noticed the Firm’s initiative lawyers’ skills and speeds up the way but a team effort. to not only bring in new clients, they work as it enables them to review but new partners as well, what a large amount of prior work from Managing a huge law firm with is the importance of bringing in colleagues in an organized manner. a huge number of employees is new partners every now and then a very critical responsibility, to the Firm? Thankfully we have done significant what management strategies investments in knowledge management does the Firm apply? We are always open to bringing in new systems and artificial intelligence partners who would complement the software over the past twelve months One of the very important aspects that business we already have, but we are which improves the quality and speed of we continuously work on is how even more keen on growing our own our work product, while also lowering the technology can help us, which you associates and partners. If you look to cost for our clients. have asked us about earlier. That being the partner structure of the Firm you will said, the larger strategic vision for the see that the vast majority of the partners What is the most challenging Firm is how we organize ourselves. We have been associates in our Firm and aspect after the massive were one of the first firms to self-catego- grew to become partners. success that the Firm has rize into strict practice groups. We have Recruiting partners from other firms is been achieving so far? Finance & Projects, Dispute Resolution, not a priority or a growth mode that we Capital Markets and Corporate/M&A as have. It happens when the opportunity Managing growth while maintaining a the main practice groups of the firm. That arises, but it is not something that we great quality of work performance is was a crucial step as it helped refine and primarily focus on, especially since we extremely challenging, starting as a local fine-tune knowledge required to assist want to keep our culture, consolidated, Egyptian law firm and now becoming our clients in a way we could not which can become diluted if you go on a a regional law firm is a huge transition experience without practice groups. hiring spree. that requires a lot of dedication and hard Most importantly, when our lawyers can work. Now we are also organizing the Firm become partners we feel that we have horizontally across sector groups. been successful, since our priority is 28 In our sector groups we have lawyers internal development. from different practice groups who have heavy experience in a specific sector. Given the size of the firm, as we are more than 145 lawyers just in Egypt now, we needed a forum to distill our knowledge even further. WWW . THE LAW . ME

Based on the history of the Firm, What is the importance of a the beginning of it was more of a multi-jurisdiction law firm? family business. How did Matouk, Bassiouny & Hennawy succeed Most importantly, we get to serve our in transforming itself from a clients across the many jurisdictions in small family office to a which they are doing business. This is regional firm? the first thing that pushes us to expand. Secondly, given that the capital of a law The core is the partnership structure, firm is knowledge, working in multiple which was put into place from the jurisdictions increases our Firm’s beginning, and the development of a knowledge exponentially, especially culture between the partners. So it was when we see our clients’ transactions the structure and the culture of the through either different legal systems or partnership that gave us a competitive different geographic locations. This adds advantage. When we were working we a lot of knowledge to our capital, which were all aligned, structurally and in turn, allows us to service our clients culturally, to support each other better. Essentially, it is a virtuous circle; through tough times and to help each the more varying experiences we have other grow. We were lucky to have that either by region or sector or practice from the beginning. group the more efficient the service that we can provide to our clients. Additionally, the underlying principle of our Firm has always been meritocracy. In 2006, when we first opened, we cracked socio-economic, religious and other affiliations that traditionally dictated how the legal market hired and retained lawyers. We just want to make sure that we have the best person - no matter his or her religion, gender, socio-economic class, etc. - in the right place. That, in conjunction with our highly specialized core practice groups and sector groups which we mentioned earlier, is the basic recipe to having a successful institution. WWW . THE LAW . ME 29

SFBoeelrtfwc-eDeaeendnfethne Usseeof: fIpronmrtetheesrpneacttiiovenal Law By: Merna Osama Awad Attorney 30 W W W . T H E L A W . M E

Since 2012, Syria turned into a civil war Syrian Democratic forces out of numbers those violations, there are rights that are arena, a multi-sided civil war that led the of towns to create the “safe zone” which most directly breached by military country to suffer from unspeakable pain will enable the Syrian refugees in Turkey operations, such as life, and personal for many years now. The Turkish side to re-settle even though the intention has liberty and security and other rights that played a double role in the Syrian crisis, been criticized as an attempt to impose may also be affected as well. These rights besides the humanitarian efforts that drastic demographic change. are protected among others by the turkey made by supporting the Syrian Turkey is facing a real legal issue in International Covenant on Economic, refugees, Syrians in Turkey is connection with the “peace spring” Social and cultural rights and the estimated at over 3.6 million people as of operation. with regard to jus ad Bellum convention on the rights of the child to June 2019, providing medical aids to the “The right to war”, and Human Rights. which turkey is a party. Syrian as well as the possibility of giving Regarding the jus ad Bellum “The right to In response to the military operation, a the Turkish citizenship up to 300,000 war”, turkey indicated the right of majority of European Union countries Syrian refugees, and allocating 30 Billion self-defense under Article 51 of the UN agreed to impose sanctions against on refugees assistance. on the other Charter, as a legal basis for using armed Turkey which is implementing export hand, we should also magnify the Turkish forces in Syria. It is indicated in the text of restrictions on arms exports to Turkey, military involved in Syria since the this provision; a state may invoke its right as well as U.S President declared that beginning of the civil war, July 2012, for self-defense exists only when it has the United States will impose powerful turkey supported the Free Syrian Army been a victim of an “armed attack” from economic sanctions against Turkey for its by training and arming them and also another state. In such a case, any defen- cross-border operation in northern Syria. providing the rebels group with military sive use of force is subject to the extent of While at the time of writing the ceasefire equipment. necessity and proportional to counter the seems to hold, However, hostilities may The years follow the intentions of the attack. still occur. Therefore, it is crucial that the Turkish government began to be clearer, Turkey’s identified circumstances to justify involved parties as well as third states to by the declaration made by President the use of force was a vague description know what is the applicable legal Erdogan that he would “never allow the of the reality that justifies using defensive obligations are, and respect implement establishment of a Kurdish state in force doesn’t meet the right of self-defense them accordingly. northern Syria”. Turkey and the Kurds under international law. This means if have a long and troubled history, their turkey fails to justify the use of force under plan from the beginning is to invade Syria the right of self-defense as it has been the in order to build a “Safe zone” 110km long victim of an armed attack, the operation and 33km deep along Syria’s northern “Peace Spring” gives rise to a breach of frontier in order to prevent the Kurdish the prohibition of the use of force and it from declaring an independent state would be considered as an “Act of which would become a magnet to turkey’s aggression”. own Kurds. Regarding the violation of Human Rights, Indeed, in August 2016 by the support of there are reports about many patients the U.S, Turkey declared direct military with severe burns seemingly caused by intervention into Syria. Military operation a chemical weapon, of course, turkey is led to another in Syria, claiming that all denying all the accusations stating that the these operations are acts of self-defense. terrorists tend to use chemical weapons On October 9, 2019, Turkey launched in order to throw the blame on the Turkish operation “Peace Spring” in Syria that armed forces. Many organizations seems to be more extensive than any stated that it had gathered evidence of war other military operation. This operation crimes and violations committed by the aimed at driving the Kurdish and the Turkish. It is worth mentioning that despite WWW . THE LAW . ME 31

NEWS 1 32 W W W . T H E L A W . M E

1The Central Bank of Egypt 2The Holding Company for Tourism 3Earlier this month, Heliopolis announced that the annual core and Hotels announced the approval Housing invited private investment inflation rate decreased to 2.6% at of all budgets of subsidiaries for companies or alliances, consisting of the end of September compared to the fiscal year 2018/2019, which private investment companies and 4.9% in August of the same year. achieved total revenues of LE 3.2 real estate developers, to This considered as the lowest level billion and a net profit of LE 795.3 submit their offers to take over the since January 2011 according to million. (Al Mal Reported). company’s management on condition data available on the bank’s that they own 10% of the company’s website. (Al Mal Reported). shares as part of the sale process. The company is scheduled to offer 4Some Federal Reserve 5The United States and China could 25% of its shares in a secondary IPO policymakers expressed concern announce a limited trade agreement as part of the government’s IPO at their most recent meeting that this week that would prevent program. (Enterprise press reported) markets are expecting more rate President Trump’s planned tariff cuts than the central bank intends increase from going into effect 6Britain is on track to avoid a to deliver, according to minutes this month and set rules around recession despite mounting released Wednesday. The Federal how China manages its currency, Brexit uncertainty after official figures Open Market Committee approved according to a U.S. Chamber of showed an unexpectedly strong jump a quarter-point rate cut at the Sept. Commerce official who has been in economic growth over the Sum- 17-18 meeting, putting the overnight briefed by both negotiating teams. mer.The Office for National Statistics funds rate in a target range (New York Times reported) said gross domestic product had of 1.75% to 2%.. (CNBC Reported) risen by 0.3% in the three months to the end of August, beating the 7The Ministry of Tourism stated that 8Saudi Arabia’s full oil production forecasts of City economists, helped the outcome of the new aviation capacity will be recovered by the by the strength of the services sector incentive programme achieved end of November, Saudi Aramco and a boom in TV and film production about 22,300 flights with a total of CEO Amin Nasser said at the Oil & across the country. about 3.85 million tourists over the Money Conference in London on first ten months since its launch. 11th of October, 2019. 9Orascom Development Egypt The new programme was launched (Egypt Today) (ODE), have just recently made by the Ministry of Tourism in big news. The Real Estate moguls cooperation with the Ministry of were the only Egyptian company Aviation, on 1 November 2018 and awarded “Most Honored Company” it is scheduled to end on 20th of in the Institutional Investor 2019 April 2020. (Arab Finance Reported) Emerging EMEA Executive Team Ranking. (Egypt Today Reported) 10The Arab League will hold an 11Minister of Electricity and ECO- emergency meeting on Saturday, Renewable Energy Mohamed NOMICS it said in a statement, following a Shaker stated that the El Dabaa call by Egypt for the body to meet Nuclear Power Plant (NPP) project over Turkey’s offensive into Syria. will help transfer advanced (CNBC Reported) technologies to Egypt. (State Information Service Reported) WWW . THE LAW . ME 33

Baker Mckenzie has been According to IFLR100, Mona Matouk Bassiouny & Hennawy 1 recognized by the 2019 Asia IP Zulficar overseas the performance (“MB”) acted as Egyptian counsel 4 Parent Survey. Overall our offices in and business development of to Abu Dhabi National Oil Company 7 Hong Kong, Malaysia, Singapore, Zulificar and partners. (“ADNOC”), a leading state owned Taiwan, Thailand, Vietnam, company operating in the fertilizers Indonesia and Philippines achieved 2 industry in the UAE, in its joint top tier recognitions in the patent venture with the fertilizer and continuous and patent prosecutions ammonia arm of OCI, to form the field. combined company, Fertiglobe. 1 3We are pleased to announce that Shalakany has succeeded in According to Who’s Who legal, the transaction has closed concluding the tax settlement Shahid Law Firm has been topped successfully. between VEON and the Egyptian the list of energy lawyers with two Tax Authority for USD 136 million places Girgis Abdel Shahid and Sarie-Eldin & Partners Legal of all due taxes for Global Telecom Donia Mazghouny. Advisors represented the Ministry Holding (“GTH”) and its Egyptian of Finance on the settlement of the subsidiaries up to 31st of December 5 tax dispute between the Egyptian 2018. Tax Authority and Global Telecom Holding, a company listed on the 4 Egyptian Stock Exchange where they concluded in a manner that Andersen Tax Legal Egypt signs Bank of Alexandria has guarantees the rights of the cooperation protocol with the Italian appointed economist and former Egyptian government represented Chamber of Commerce in Egypt. deputy prime minister Ziad Bahaa by the Ministry of Finance and at El Din as non-executive chairman. the same time confirms the government’s respect for investors and its commitment to create a positive atmosphere that helps 6them to freely expand their investments in a sound legal framework”. 7 8 LAW FIRMS R&R had the pleasure to support Talal Abu Ghazaleh Legal (TAG- FAS Energy, an affiliate to Fawaz El Legal) is pleased to announce its Hokair Group, in drafting the MOU it readiness to assist investors and signed with the New Urban emerging businesses in establishing Communities Authority (NUCA) to their companies through a full set set up a waste-to-energy (WtE) of incorporation solutions that fit facility in 10th of Ramadan City. multi-jurisdictions and achieve their commercial purposes. 9 10 34 W W W . T H E L A W . M E

Qatar is planning on building a new 1 2 3LNG train and is going to select only TEgypt hosted the tripartite summit The minister of Petroleum and among Egypt, Cyprus and Greece Mineral Resources had a meeting one contractor for the project. on Tuesday October 8, 2019. with US deputy secretary of (According to Egypt Oil & Gas (According to State Information Energy; where they discussed Newspaper.) Service (SIS). current preparations to hold the East Mediterranean Gas Forum, as well as, available investment opportunities to US companies in the oil sector. (According to State Information Service (SIS). 4 This year’s edition of EGYPS show Egypt and France have signed two grants on Tuesday, October 8, 2019 5 6shall be under the theme of “North The United Arab of Emirates (UAE) Minister of State and CEO of the Africa and the Mediterranean: Abu Dhabi National Oil Company with a total value of €71 million Delivering the Energy Needs of (ADNOC) has won “New Silk Road (EGP 1.2 billion) to fund a Tomorrow”. EGYPS 2020 will be CEO of the Year Award” for €68-million project of delivering held from February 11 to 13, 2020 supporting the continuous supply of natural gas to houses, in addition and will be marked as the 4th energy across the continent. to a €3-million program of energy edition of this show. (According to ADNOC’s official sector support. (According to State Information website. (According to the Egyptian Service (SIS). Cabinet’s official Facebook page.) 7 8Exxon Mobil Corp. awarded a JGC This year’s Oil & Money 9China National Petroleum Corp. conference which will take place is no longer a partner in Iran’s Corp.-led group a contract to develop its Mozambique liquefied in London is going to be under the biggest natural gas project. natural-gas project, which is set to theme of “Strategies for the Energy (According to Kosatka Media.) be the biggest-ever private Transition”. investment in Africa. (According to Oil & Money’s official (According to Rigzone.) website.) OIL 10Shell has hired Dolphin Drilling for & drilling and completion of gas GAS production well in Knarr field. It is also worth mentioning that Dolphin Drilling has recently chosen Aberdeen as a location for its international headquarters; this comes after Norway’s Dolphin Drilling has filed for bankruptcy on the 26th of June. (According to Oil & Gas Journal, and Dolphin Drilling’s official website.) WWW . THE LAW . ME 35

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Rising stars 3 (Youssef Al Saman) By:Noran AbdulBaki (Sherif Hossiny) By:Heba Abo Slima (Muhammad Usama) By:Fatma El Deweny Judicial Impar- tiality By:Abdullah El-Malatawy Legal directory Payment Gateways By: Basma Seif We focus on connecting different divisions and practitioners of the Legal field by facilitating dialogue and networking. We provide the community with various opportunities to stay connected through our networking and dialgoue-based events such as the Law Talks and Annual Career Day (ACD). it is through communication that the legal field can ensure its development, and we at The LAW believe in it. WWW . THE LAW . ME 37

1.What was the main motivation to become a legal counsel? I think I had a quite interesting and unconventional journey to where I am today. Law was not the profession of any of my parents or close relatives. My late father, as a journalist, had a huge library, which I am proudly still keeping. So, I grew up surrounded by thousands of books covering a variety of disciplines including law. At high school, I was determined to study law after realizing how much I was keen on following crime news and developments of popular cases in the newspapers. Also, I found topics like; analysis, psychology, and debating, quite interesting. Briefly, there were many indicators pointing at law school as the place where I should go. Not surprisingly though, like any teenager graduating from high school, I was weighing my options, and suddenly, I changed plans. I headed to the military academy thinking I will study law afterwards! But, cutting a long story short, eventually, I made my mind concluding that it was the law school where I wanted to go.Since my very first days at law school, I started, in parallel, investing in myself, looking for job opportunities and additional studies. I consider myself lucky to have graduated from law school, while I was working for a leading multinational. It was only while doing my LLM, that I decided to start in private practice. In fact, at the time, my decision was heavily criticized by many from a career path perspective. I must say that particularly two of my professors played a pivotal role in putting this decision into effect. Prof. Dr. Frank Emmert of Robert H. McKinney School of Law at Indiana University, and my professor and mentor, to whom I will remain eternally, academically, professionally and personally indebted and grateful, Prof. Dr. Mohamed Salah Abdel Wahab of the Faculty of Law at Cairo University. seek knowledge and learn from everyone for each person has something to contribute positively to your development 38 W W W . T H E L A W . M E

By: Noran Abdulbaki Rising Star Youssef El Saman Partner at Zulficar & Partners WWW . THE LAW . ME 39

2.Being the youngest partner at the age of 35 in one of the most outstanding and successful law firms in Egypt like Zulficar & Partners, what skills and characteristics do you think have helped you to achieve your current position? It is well-known in the jurisdiction that as an institution, and a reputable school in the legal profession, Zulficar & Partners is very selective and adopts quite strict high standards. When it comes to partnership, in particular, the criteria, standards, and expectations become even much higher. Speaking of the skills and characteristics it takes, what cross-cuts immediately in my mind, as helpful the most and a 4.You have supported various M&A ‘catch all’ trait, if I may so call it, is being ‘genuine’ in everything transactions on a global scale, apart from an you do. I think this is broad enough to encompass many such effective due diligence, what do you think is as: developing the know-how, being patient, persistent and behind a successful transaction? tolerant; learning from others and from your mistakes; being honest, loyal and sincere; challenging yourself every time your It gives me a great pleasure to join forces every now and abilities are tested; pushing yourself beyond your limits; giving then with my M&A colleagues at the Firm, and help clients do your best ever at each and every time; and seeking perfection business. I consider this a very healthy and joyful pause for in all what you do. Generally, I think being genuine in such someone in combat most of their time working on contentious sense is what makes a different and distinct outcome for some. matters. In my view, what defines a ‘successful transaction’ 3.With respect to your remarkable entails a lot, but mainly, it is the experience in the legal industry what foresight of where things might go. Hence, if we exclude the was the most challenging aspect of your disputes arising from a party’s job as a legal counsel and how were you reluctance to perform their able to overcome such challenge? obligations, a ‘successful transaction’ is one that is I think ‘remarkable experience’ is exaggerated. After a ‘disputes free’. Of course, no decade in private practice, I still believe strongly that we one is expected to, or indeed all live in an ongoing learning process, no matter what we can, provide for every possible did, or how many years of experience we accumulated. scenario in the future. In my view, still, what was challenging the most, was my However, I think what is first steps into the legal profession, given the important is developing the unconventional start I had as mentioned earlier. mindset aiming at objectively safeguarding your client’s interests, setting a balanced and feasible structure and agreement, considering carefully and I still drafting properly the provisions you need to include, and running the negotiations wisely. The test for a successful believe transaction is not only about the value, subject, complexity, and names involved.A landmark transaction that has all of this, can strongly easily fail the test if it goes wrong. Sometimes, we are engaged by clients at critical stages to help them with complications that we and disputes arising from transactions which turned out to be disastrous. Across those situations, the transaction could very all live well be a landmark complex one, involving very big names, but when the review unveils the errors and oversights which took in an place while the transaction was being made, I think no one would call it any more a ‘successful transaction’. ongoing Being meticulous and envisaging obstacles and unpleasant scenarios is quite crucial. Thus, in my view, counsel who learning manages to combine a blend of exposures and backgrounds comprising business, operational, disputes, corporate, and process transactional, would definitely have a competitive edge working on transactions. 40 W W W . T H E L A W . M E

5. Moreover, apart from the legal aspect, do and used wisely because, like everything, it has its downside. I you think it is crucial for a business legal do encourage that we invest in advanced technology and cousnel to be aware of the nature of the benefit from it in our work, but I do not fully trust technology business aspect of the transaction? and I consider that the human factor is, and will remain, the most important. I believe technology is there to assist and I would say this is a must. For outsiders, the industry is the make our lives easier, but not to predominate the human input. cocoon where the parties live together, without penetrating it, There is a view that in time, artificial intelligence will replace l I do not think you would be able to efficiently advise the egal counsel. I disagree, artificial intelligence has indeed parties. I do not mean that you should become an expert on the proven to be efficient and accurate in some legal tasks, industry, but you have and actually need to develop, at least, nevertheless, compared to human beings, there is still this a cursory understanding of the industry. No matter what the unique divine touch and sense created with human beings, industry is, telecom, oil & gas, construction, tourism...etc, if you which will remain indispensable, at least, in critical areas. do not get a reasonable sense of what the parties are actually doing, you would not possibly be able to understand, embrace 7. Based on your experience and knowledge and resolve their problems or anticipate what they might face in in dispute resolution as counsel for the firm’s the future, from a legal perspective. For example, I have once clients in mega ad-hoc and institutional flagged to parties to a very specialized technical agreement arbitral proceedings, how did the that out of my experience in similar transactions, the timeframe international arbitration in Egypt develop in they agreed for execution seemed very tight, and likely will terms of procedural rules and the recognition not be met upon the slightest unexpected change, which may and enforcement of arbitral award? happen. The parties were convinced and they extended the timeframe. Also, I think this touches upon your previous In my view, Egypt has all what it takes to become a hub for question about what defines a successful transaction. I international arbitration. This necessarily requires efforts by mentioned earlier that my professional experience before the Egyptian State, practitioners, and institutions. I note that private practice has been extremely helpful. Our role is to over the past two decades, notable steps have been taken by efficiently support and enhance the running of our client’s the State on the road; on both, the legislative and executive business, and advise them to solve their problems, avoid future scales, however, more remains undoubtedly called for. The ones, and protect their interests. areas for improvement include; arbitration related legislation, In a constructive business or a disputes context, it is legal and judicial proceedings for recognition and enforcement of counsel that are required to translate what business, technical, arbitral awards, interim measures, and most importantly, how and finance people are thinking, into a one legally compliant Egyptian courts approach arbitration related proceedings. language which you find in the documents, and anticipate what In this context, it cannot go unnoticed, the remarkable efforts legal issues they might come across down the road. by leading academics and practitioners such as Prof. Dr. This requires a minimum of business sense and industry Mohamed S. Abdel Wahab whom I personally believe has understanding. Absent that, it is very likely that you would done far more than one individual could do to give Egypt a not be able to properly formulate that law compliant common place on the world’s map of international arbitration. I wish to language voicing the thoughts of all those stakeholders on the mention also the efforts of the Cairo Regional Centre for table, or preemptively anticipate future problems. International Commercial Arbitration (CRCICA), which is recognized internationally as a credible and reputable arbitral 6. From your perspective how did the institution alongside several well-versed international arbitral development of technology impact the world institutions in other jurisdictions. I would confidently say that, of law and how did it facilitate your job as a generally, compared to some years ago, Egypt is undergoing legal counsel? a healthy transition towards a more arbitration friendly environment. The rapidly growing impact of technology on the legal profession is undeniable. However, in my view, technology is a double-edged weapon that needs to be approached cautiously WWW . THE LAW . ME 41

8. Based on our researches you are a qualified First of all we have to distinguish between both educational instructor to deliver legal training in the aspects; firstly, teaching law to non-law students, as opposed Continuing Legal Education programme to, secondly, training legal practitioners and law students. In held jointly by the American Bar Association fact, both models are substantially different. (“ABA”) Rule of Law Initiative and the Cairo In the first model, in academia, I had the pleasure of teaching Regional Centre for International Commercial law at the Arab Academy for Science Technology and Maritime Arbitration (CRCICA). In addition to other legal Transport to students doing other majors, which I consider was training, you taught law in the Arab Academy a quite rich experience for me. I was required to deliver legal for Science Technology and Maritime Transport. In what way do you think those education that type of courses highlight the differences serves specifically between the theoretical and the practical the purposes of aspect of law? their studies as future leaders in business, commerce, and logistics. I had to carefully observe their perspectives as non-law students and understand how they think. This was necessary to identify the right methodologies and balance this against the student’s preferences. I was always keen on making my course, as much as possible, an interesting and joyful experience for students. In the second model, things are different. The trainees are a blend of legal practitioners, working with reputable law firms, judicial authorities, as well as fresh or recent law graduates. Here, you teach the trainees skills and know-how that they, unfortunately, were not taught at law schools. The trainees in this context have quite high expectations and critique, because they joined to improve and refine their legal skills as they understand that the legal profession is not only about the knowledge of law, and that this is only a part of the equation, but there are several other skills required which include drafting, negotiations…etc. I think credible programmes such as the ABA-CRCICA programme are a must to supplement the academic legal education offered at law schools. 42 W W W . T H E L A W . M E

9. From a legal perspective how do you see By the time I graduated, I was already in a supervisory position the Egyptian laws including the investment in the regional operations division with a leading multinational, law and the industrial licensing law have overseeing work of a huge team including elder colleagues, supported foreign investment? And what as part of a quite sensitive operation across the MENA region. kind of incentives/facilities do you think the Overall, with multinationals experience in the industries of government should provide to help expand media, entertainment and offshore outsourcing, my resume the future of investment laws in Egypt? looked uncommon for a fresh law graduate, The early professional experience offered me; the opportunity Attracting ‘credible’ foreign investment is a highly competitive to interact with, and learn from well-educated and very talented area. Egypt has very unused potentials in this respect, and is calibers, and the exposure to rich set of areas and skills not indeed capable of becoming on top of the countries appealing very common to come across whether in the legal profession or to credible foreign investors, in the region and the continent. other disciplines, especially at such age. Generally, the legal framework surrounding the investment, I consider that everything I learned and acquired before private including the laws of the host state as a part of such practice has positively contributed to everything I have done framework, is a key aspect that an investor considers very afterwards, not only for purposes of the substantive legal work, carefully before making the decision to invest in a given but also in adapting and dealing professionally with the differ- country. In fact, there are ongoing legislative reforms to ent surroundings at large. improve the legal framework to offer comfort to existing investments, and attract new foreign investments into Egypt. 11. What piece of advice would you like to However, what credible investors look for in any jurisdiction is give young practitioners and graduates who pretty well-defined. Briefly, for an investment to exist and see you as a role model for them? survive, it needs a commercially and legally; clean, healthy, safe, stable, and predictable arena. Satisfying those elements Again, ‘role model’ is an exaggeration, but thank you for that. is crucial for the investor while assessing the risks and Rather than advising, I would say I just wish to share with considering the feasibility of the investment, and the return on younger generations a glimpse of what I learned through my investment over short or long terms, before making the journey. decision whether or not to proceed with investing in the country In a nutshell, do not victimize yourself, the world is much bigger in question. Despite the ongoing attempts towards reform, in than that; always be genuine in everything you do; my view, Egypt still needs to, and can, be more competitive seek knowledge and learn from everyone for each person has to attract credible investors. The equation is quite simple, the something to contribute positively to your development even more Egypt is willing to offer to investors, as opposed to other if you think they are not very kind to you; respect, remember jurisdictions, the more Egypt will benefit from more new and be grateful to, your professors, mentors and anyone who credible foreign investments, and expansions of existing ones. taught you something; do not under-estimate anyone’s struggle in life, each of us is destined to their own struggle, even if you 10. You have mentioned that you had a great do not consider theirs as one. exposure with multinational companies can you tell us more about it? Since I was a child, I always had an urge to be different. When I joined the law school - Arabic section at Cairo University, I realized immediately that thousands of students graduate every year from law schools all over Egypt, and objectively speaking, the competition seemed very high against very limited opportunities. Also, the differences between graduates seemed quite narrow, and limited only to academic grades, language, personal skills, and other subjective factors. I believed it was important for me to build a profile that would look unique when I graduate. Thus, in parallel to law school, I started working, attending different courses, studying linguistics, and engaging in extracurricular activities. Since my first year at law school, I strived to acquire all the skills, and academic and professional knowledge, I could get. WWW . THE LAW . ME 43

Do not fear change, on the contrary, embrace it and look forward to it. 44 W W W . T H E L A W . M E

By:Heba Abo Slima Rising Star Sherif El Hossieny Partner at Rizkana Law Firm WWW . THE LAW . ME 45

How did you start your As a graduate of Political journey with Rizkana and Science, what were the partners? reasons to obtain another degree and pursue a career We established our office almost four in Law? years ago, Me, Hazim Rizkana and our late Partner Suzan Farid, who Although I studied law at Cairo University unfortunately, passed away very in parallel with studying political science recently. It is actually an interesting at the American University in Cairo, it all story how we became partners. started the other way round. As I I was an in-house counsel with Kato wanted to pursue a diplomatic career in Group and in 2003 both Hazim and the beginning, but was advised to Suzan were Kato Group’s external compliment my political studies by counsel and so I was introduced to them studying law in a similar manner as many and we worked together on various diplomats do. aircraft financing transactions. Then I The only difference is that I have done joined Baker & McKenzie in 2006 to both degrees simultaneously. At first I work in Hazim’s and Suzan’s team as an wanted to study political science at Cairo associate since Hazim was known for his University but my score at IGSCE was immense aviation experience. I became not enough, so I got enrolled in the a Local Partner in 2011. Almost 10 years American University and got accepted later in the private practice, the idea of in Cairo University as well. So, a change forming Rizkana & Partners came into of plans took place and I decided to go please. We had the aspiration to open ahead with both studies. something on our own, so in 2016, the Although I come from a family three of us decided to open our own firm, background where there are many and to open a new challenging page. lawyers and judges, as well as my late Although we established a local Egyptian father – Atef El Hosseny was a Firm, it was built on the premise and the well-known criminal lawyer so we can foundation of international standards, say that it is in the blood of our qualities, and service. It was not an easy family. Nevertheless, no one in my family task, but we were confident in our actually influenced my choice and they capabilities and expertise. left me to select my university on my own At first, we rented an office located in But, honestly, I was still very interested downtown for six months till we had in faculty of political science to our office furnished. I believe these first graduate and work in international few months were very difficult, but were NGOs, the United Nations or to work for really joyful and rich in experience as the Ministry of Foreign Affairs, and so well. Rizkana & Partners started with one Faculty of Law was not my first target client, and now we have more than 140 as at the time I was more keen about clients. Rizkana & Partners started with politics than the law, and only wanted to only three lawyers, now we are growing understand the law and not to practice it. speedily. We were super excited to So I told myself I will try and study both in work together as Partners and to open parallel and see where it goes. our firm and start our new venture. I am I graduated from AUC first, with a very thankful that a few years later, our Political Science specialization; Rizkana & Partners family is growing international relations as a major and and that we do have some of the best Western European history as a minor. qualified attorneys in Egypt. So, basically Then I graduated from Cairo University 2 this is how we started and it is a lovely years later as I had studied in the United venture I wish Suzan was still with us. States for some time as part of my Political Science studies. 46 WWW . THE LAW . ME

During my stay at the United States, review hundreds of contracts, draft legal memos, review legal I started to be more intrigued about my opinions, work with regulator, conduct research, hire and work legal career, and so I decided to come with external local and international counsels, As I mentioned back to Egypt to finish my legal studies earlier, I knew very little about Air Law and I had to overcome instead of fully moving to the US. this hurdle, so I had no other plan but to teach myself. I had So, I came back being very determined to learn more about the international and local air laws, and to walk in the law path. Although it was aircraft leasing and financing and other related fields. It was a very difficult to do these two degrees, tough period and there was a lot that I needed to do especially it was very beneficial to study these two that my academic knowledge of aviation was limited. I had to fields as I learned tremendously from enhance it by teaching myself as much as I can do through both of them, each in its unique kind. It more practice and research. Although, Kato Group felt like a was a really difficult journey to study in full-fledged law firm, my interest in aviation did not have a rival. both different educational systems. I also had Hazim Rizkana as Kato’s external counsel along I had to study about eighteen different with other international firms so my experience and intrigue in subjects every year and some parts the industry was increasing by the minute. However, there was I used to have two or three exams something still missing. on the same day. It was tough, but totally worth it Academically speaking, could you give us a brief about your academic studies? Why did you choose aviation? After closing many important deals successfully my passion I think it was some kind of love at first sight. After I graduated I went to work for aviation increased and I wanted to take it further and I with my Godfather in his company’s legal department until I finish Law School. had a good practical knowledge but I wanted to enhance my I had no idea about aviation laws and regulations. My only involvement with knowledge academically as I wanted to know more about the aviation was in the final year of Law School when I had aviation law as one industry, the history of it, the economics, the technology, what of the courses; which unfortunately was cancelled by the faculty at the time. is the International Civil Aviation Organization (ICAO), what Unfortunately aviation law is very much undermined in Egypt, and I hope that this are international bilateral treaties, how do aircraft travel from changes one day as this is a significant branch of the law in the same manner as one nation to another. So I decided to make my LL.M at The other laws. My work at the time was very much University of Leiden in the Netherlands and I graduated with diversified as was a holding company and so I learned a lot about real state, honors in International Air and Space Law. I claim I am hospitality, hotel management, industry, banking and companies related to probably the only one in Egypt who has done it. It was a aviation. Surprisingly I never thought that my knowledge of the English phenomenal year, where I learned a lot from an academic, language would be the first reason why I enter this field. At the time, we professional and personal manner. I also had to take an were involved in major transactions that required qualified lawyers with internship in a company related to aviation as a part in the good English, and so, it was an opportunity of a lifetime to get exposed program. I was fortunate enough to be able to join AerCap, to incredible transactions that put me on the aviation track.. which is one of the largest aircraft leasing companies in the The company had various different projects related to aviation such as a world. As I was very much interested in aircraft financing and BOT airport, a chartered airline and a also company that provides cargo leasing. This internship provided me with a first-hand handling logistics in Cairo International Airport where I became a board member experience and the depth I was looking for as I learned more for few years. We had really big projects that required a lot of work. So, I was put about the industry, which is very to a huge test as all of a sudden I had to dynamic. As I learned more about leasing, financing, cross-border transactions, defaults of airlines and operators, repossession of aircraft, bankruptcies, liens on aircraft and We established aircraft engines In summary, this LL.M program took me to a whole our office almost new level and I can comfortably state that we Rizkana and Partners four years ago,....... have the largest aircraft financing and leasing practice in Egypt. I have also It was not an easyfinished the IATA Air Law Diploma in 2010 where I further enhanced my academic studies with an extensive practical study. task, but we were confident in our capabilities and expertise. WWW . THE LAW . ME 47

As a highly recognized aviation lawyer, how is Moreover, they both need to show international financiers the industry affected by the recent legal (since aircraft financing is very uncommon in Egypt) and developments? aircraft leasing companies that the Egyptian legal atmosphere is ripe and safe for them to invest in Egypt. On the one hand, In Egypt, it is not really affected so far as there have not been much legal developments related to Could you tell us about the biggest deals you aviation in Egypt. On the contrary, I see that the pace of have managed to conclude successfully? development in this industry is in Egypt is very slow despite the fact that it is a huge and dynamic industry worldwide. I am currently involved in the largest aircraft leasing transaction On the other hand, the industry is more affected by in the history of the industry in Egypt whereby we are international developments. As a matter of fact, the aviation representing AerCap in the long term operational lease of 15 industry is a very sensitive and volatile one because aircraft new Airbus A320neo aircraft and six new Boeing 787-9 aircraft as asset is a very expensive asset. Moreover, it is different to Egypt Air. from other industries or assets, such as machinery, shares or I have been also involved in various aircraft financing and real estate which are fixed to a factory, registered with a local leasing transactions this year in millions of dollars, whereby I registrar or on a plot of land. The main differentiating element have represented international and regional financiers as well between aircraft and such other assets, is that an aircraft as airlines along with incorporating all the necessary security moves from one location to another from one airport to another documents including aircraft mortgages and security and from one country to another subject to different laws and assignments with the Egyptian Civil Aviation Authority. regulations each time an aircraft makes a trip. I am also starting a transaction in the finance of used aircraft in As you can see, the aircraft as an asset is a very particular the cargo sector.I have been also involved in few conventional one. In addition, the industry is very much linked to the well financing transactions the majority of which are with regional being of the world economy. For instance if the world economy financial institutions. However, the one that I hold dear to me a is fine it means that there are investments, there are financing in the industry sector, whereby I represented a transactions and so the investors will be traveling across the major Egyptian bank and an international financial institution in world working on deals. If the world economy is fine it means a financing that exceeds a 1.2 Billion Egyptian Pounds. What that people have money, and so they will travel for leisure was interesting about this transaction was not only the values, across the globe. And, why it is volatile; for example, we can but the dynamics of the transaction putting into consideration say what happened on September 11th 2001 where aircraft new Notary Public requirements and the introduction of the crashed into the twin towers in New York, the industry almost Egyptian Collateral Registry to register the mortgages rendered fell apart immediately due to the industry unrest, airlines going in favor of banks. Also, what I am very proud of is the fact that bankrupt, significant drops in hares’ value, the security I was the first to deregister an Egyptian registered aircraft and concerns and measures in airports all over the world, more have it repossessed by the aircraft owner using what we call a restrictions on visa issuance to foreigners by Western countries conventional deregistration power of attorney without etc. Also, events such as the world economic crash of 2008 of obtaining the airline’s consent due to the defaults of the airline. the SARS epidemic have severe negative impact on the Such expertise and knowledge provides enough comfort to industry that always has an international criterion. investors, aircraft owners and financiers to lease and finance So it is very volatile and sensitive industry in comparison with aircraft to be registered on Egyptian soil. any other industry. That is why it has a very specific regime. So back to your question about Egypt in particular in Egypt events From an associate to a local partner at an on the one hand such as 25th of January, the revolution and international law firm to a founding partner at the unrest that followed have negatively impacted the industry Rizkana and Partners, how hard was it? and lead thousands of countries to evacuate their nationals, which resulted in airlines going bankrupt when business and I have to say it was very challenging. You are already in a tourism were severely damaged by the significant drop in the place for so long and you are already doing a good job at it, influx of tourists and businesses. On the other hand, an and you do not want to get out of your comfort zone. But you improving economy also affects the industry positively in just feel it is time to try on something new, something Egypt. For instance, with more stability and improved services, different. At the beginning, I was thinking about joining an the Egyptian economy is growing fast and so we do have an already existing firm or head the legal department of a improved business environment in general and a hospitality company, which I did for some time. But I still felt that sector in particular which all affect the Egyptian aviation. something was missing. I was not challenged enough and so I had an appetite for something different. What was very Finally on the legal developments front, I really wish that the crucial, the selection criteria of who I would partner with. Egyptian legislature and regulator look deeply and thoroughly So, the idea of Rizkana & Partners came to life. So I had to into more liberalization and corporatization of the industry by take care of things I knew little about, such as creating your making the industry more competitive and appealing to attract own identity, name, logo, hiring, creating an IT system, more foreign direct investments and expertise into the Egyptian searching for premises, entering a tough market, etc. market. I also wish and call for both the Egyptian legislature It was extremely challenging, but if I go back in time, I would and regulator to look into a lesser restrictive regime for the go for it all over again, with Hazim Rizkana and Suzan Farid. incorporation of airlines and other industry players. 48 W W W . T H E L A W . M E

Who is your role model? My later father, Atef El Hosseny. Although he passed away 29 years ago, until today when people know that I am his son they keep telling me how wonderful man and how We wanted to make something from scratch, and we a remarkable criminal lawyer he was. I am really proud to be succeeded all the challenges confronted. Success was the only option and we were able to create a good foundation from carrying forward the name. And Hazim Rizkana for sure; he is a legal, professional and ethical perspective. It was a journey, it still is a fantastic journey, an eye-opening one that not just my Partner now but he is much more than from being I am still enjoying. my mentor and my role model in the legal career. We are like How do you balance between you work, social life and your peace of mind? family and we have this unbreakable bond regardless of what I do yoga and meditation. I do really think they are very we go through He is very supportive, inspirational and always important practices to lead as we work in a very stressful profession so we need to relax and calm down. I came from a generous in how he shares his knowledge not just with me but professional background where everything needs to be done and concluded promptly which caused me a great deal of with all our stress. My late father actually died after litigating an extremely significant criminal case where he tirelessly worked over long colleagues. Most nights. So I had to learn from his loss. His story is very similar to the novel that I really found intriguing, which is called “The importantly, he is Do you have a message Monk Who Sold His Ferrari” that is also about a litigation lawyer who survived a heart attack in a courtroom and always available to our readers? wanted to lead a new and different life and his first disciple was his work colleague who he started teaching new principles in whether for work achieving a work-life balance. So, I do not want to go to the extremes; and so, I manage my time to the best of my ability related matters or Do not fear change, on the that even if I have a deadline and I really have to work, I take an hour break to meditate and breathe fully to relax. There is otherwise. Do you country, embrace it and look actually a proverb that goes like “if you do not have time to meditate for an hour every day, you should meditate for two have enough paper forward to it. Accept different hours”. And I totally believe in it. Also, our Firm is assembled on the science Bio geometry, and ink to write more challenges and move away from which is a science of shapes that have an energy balancing effect on the mental, emotional and physical state of the about Hazim, your comfort zone. Choose your human body. The Bio geometry shapes reduce the negative effects of environmental pollution and the harmful effects of because I am sure mentors wisely. Search for mentors electricity by harmonizing and improving the quality of life that has been damaged by modern day technology. just few words will not with knowledge, vision, values, and be enough.Finally, ethics. Accordingly, at the begin- my Godfather Dr. ning of our career, financial reward Ibrahim Kamel, who should not be the driving force, but always supported and good mentorship. Money will even- believed in me. tually come afterwards if you have good mentorship. Always maintain a good balanced relationship with your client, and always provide a thorough and diligent legal advice. Finally, seek work-life balance. WWW . THE LAW . ME 49

Work hard on your skills. Don’t blame circumstances. When did you first realise that you want to become a practitioner of law? What has attracted you to this career? To answer your question I have to think back to a long time ago, when I was a kid, my first and foremost role model is my grandfather who was, at that time, a legal counsel for a huge multinational company in Doha, Qatar. I was influenced by him, and I respect him a lot. When people asked me as a kid “what do you want to be when you grow up?” my answer was “a Legal Counsel” even though I didn’t Thinking of your educational journey so far, which know what that was at experience of your various experiences was able to the time. So it stand out and become the most rewarding to you? started from there. My grandfather also Well, I did a couple of Master’s degrees; one of them was here at Cairo instilled in me a love University, back in 2014. I did another one at the University of Glasgow 2016- for philosophy, logic, 2017, and I finished a post-graduate diploma at AUC after I came back from and history, among Glasgow. For me, the top moment, educationally, is the Glasgow LLM; not only other things. So, because of the positive impact this year had on how I think about the law, but growing up, I used also because of the personal experiences I had. When you live for a year in a to get high scores different country, you get a very good opportunity to interact with different in these subjects in people from different cultures and different backgrounds, so for me personally school, and when the it was key, and also the legal education itself; it was very beneficial because time came to take a I had the privilege of being taught by prominent professors. The lectures decision on which were seminar-styled, so we had to do our homework and our readings ahead path to take, it was of class, classes were mainly discussions of what we think of the law as is, very clear for me, so how we think the law they could be improved, and how we think any existing I entered law school. gaps could be fixed, so it was all about our thoughts, and how we react to the So yeah, the main reading materials. It was very useful because as a lawyer, you don’t only driving influence was need to memorize - I mean, of course, you do that - but it’s not the essential my grandfather. component of practicing law. you need to be able to think about what you read, to analyze it, to think about its advantages and how strong it is, and at the same time, what are the weaknesses, what are the factors or aspects that the author failed to address or were simply not present at the time of his/her contribution. So definitely, this was a key moment in my educational path. 50 WWW . THE LAW . ME