The Law Mag edition 9

By: Fatma El Deweny Rising Star Muhammad Ussama Senior Associate at Shalakany Law Office WWW . THE LAW . ME 51

How was it like to work on a high-profile, As a lawyer who works in the arbitration sensitive case like the IRI case; and to sector, how do you think the what extent did lobbying affect it? establishment of “The Egyptian Center for Voluntary Arbitration and the At the beginning, I have to say that I’m very lucky Settlement of Non-Banking, Financial because at this firm, you know, we have the disputes Disputes” would affect the arbitration department and we have the corporate department. atmosphere in Egypt? So within the disputes, I’m not only doing arbitration, I’m also doing litigation, and not only in the civil and I think the establishment of that center is a very positive commercial fields, but also I get the chance to work on step. It is clearly a sign from the government that we high-profile cases in criminal and other fields. It was very are, first, welcoming of arbitration as a means of dispute sensitive, because when you work on civil and resolution. Second, that we are paying attention to this commercial cases, of course you carry the burden on specific sector of non-banking, financial transactions, so behalf of your client and whether or not you can this is overall a very positive message. But, in order for safeguard the financial interests of the client. In the the establishment of this center to prove useful for the criminal field, on the other hand, you worry about their legal community and the companies that deal in that lives and/or freedom. Actually, you not only care about sector, I believe that the management of that center has their lives, but the lives of their families and loved ones as to send another message to potential clients that this well. So the burden and the stakes are very high. center is neutral, impartial, and not tied to the Accordingly, it was very tense working on a case of that government. I think, the next decisive factor would be the scale and magnitude. But we, thankfully, executive regulations, managed to exert all our or the decisions that efforts to get this positive would be taken in the result. We represented future to put into detail 14 defendants in that how the center will case, it wasn’t a small function, which number, and not all of individuals are them are Egyptian or chosen to be were in Egypt at that responsible for the time. Ten of them are management of the US nationals and four center, and the are Egyptian arbitration rules of the nationas. And majority centre which are still to of the 14 defendants are be issued. So, I believe not based in Egypt, so once that is ready, we at the preliminary phase will have a clear answer of the re-trial we had to to that question. conduct interviews with the defendants through Skype and other video You have an abundance of experience in conferencing apps. We had to ask them questions and try disputes’ settlement; in your opinion, how to obtain information that could be useful for us and could could disputes be prevented altogether? be used to submit as many lines of proper defence as possible. So overall things were not very smooth because When you talk about preventing disputes in that general some of the defendants were based in Egypt, others were sense, my answer would be, you cannot. We have to abroad, and at the same time, the sensitivity of distinguish, in my opinion, between disputes that have at representing people who have their lives or freedom their core personal differences between the management at stake is too high. To answer your second question, I of different companies, and disputes which happen personally believe that a lawyer should not focus on other because the economy is not performing that well. factors that can affect the case, you only do your job and And that’s just one aspect to life, when the economy is hope for the best. As long as you do your homework, you prospering, managements of companies are very do the research, put forward strong lines of defence and welcoming of entering into transactions, partnerships, support it adequately, you’ve done your homework. and maybe joint-ventures with other companies; they look at that prosperous moment and the potential fruit that could be achieved, but they do not look at dispute settlement or the potential of the problems arising in the future. So, for the first type of disputes, the one that has at their core personal tension, I think these could be avoided and prevented if managements of companies are 52 W W W . T H E L A W . M E

reminded that they are just doing How do you think “The and happy working with them, and at the business, so if they make their decisions Singapore convention on firm at large. So I am planning on staying based on the numbers, I think personal Mediation” would affect here at Shalakany and to continue differences or styles of management arbitration; is arbitration on working on improving myself as a lawyer. would not lead to as many disputes as the verge of losing its status? they do right now. But for the second Would you like to leave a type of disputes, I do not think we can I followed the Singapore convention very message to our readers? prevent it, because it is part of the cycle closely, and I was very happy when I of the economy and the endless read about it being signed. I think it is a I would love that. Depending on the type fluctuations that occur; when you have a very positive step, but again, I don’t think of reader, I would send different high moment in the economy you have that this convention and the use of messages. If I am talking to my mentors, lots of contracts being signed and lots of mediation could be considered as a I would like to thank them very much, transactions, but when you have a low threat to arbitration, and this goes back each and every one of them, for what moment in the economy, you have to my previous answer, on how the they have done for me, how they people who are not willing to sacrifice outcome of one is binding, which is assisted me at the beginning of my even a tiny bit of their contractual rights arbitration, and the other is still subject career and till this very moment. I would or legal rights, so depending on the to the mutual approval of both parties. like also to thank my ex-colleagues at financial situation, they will be very eager So, even if you have a mediation process the Council of State where I worked as a to fight until the last moment. that results in an opinion that remains Judge for about 7 year. It was an So in that kind of sense I do not think we subject to both parties’ approval, but interesting period of my career and I can prevent as much. We can, once that approval is made, which is, in learned a lot, and it was very useful however, try to promote alternatives my opinion, a far-fetched scenario, the being on that side of the bench and means of dispute resolution as mediation Singapore convention comes in handy, seeing how judges work because it really and conciliation. But I personally have because now you have a binding is insightful when you work as a lawyer my reservations concerning mediation instrument that can be enforced in a but you serve as a judge for a number of and consolation because they do not number of jurisdictions, so that is where years as you see how the lead to a biding decision at the end, so the Singapore convention steps in, mechanism works. And if I’m talking to it all remains subject to the consensual but before that, when you consider the future colleagues or students or fresh approval of both parties, and when you non-binding nature of the outcome of lawyers, I would say that lawyers have talk disputes and you talk about mediation or conciliation, I don’t think a very strong and important message; conflicting parties that reach the stage of that these types of dispute resolution we need to do our best to send positive maybe exchanging formal notices and methods could be looked at as a threat signals to the society that we are aware serious legal procedures, the to arbitration. of that responsibility and to shed light on atmosphere is quite aggressive. And positive people who are contributing to that’s why arbitration works. It works Could you share with us your their society. I would also like to say work because it leads at the end to a final long-term plans, career-wise hard on your skills. Don’t blame and binding award, of course it remains and education-wise? circumstances. Don’t rely mainly on what subject to a challenge before domestic you are told at universities, because that courts, depending on the seat of I’ll start with the academic plans. Right is not enough, work on your own. arbitration, but at least it leads to now I am working on a PhD proposal. I And my advice would be, when you focus something that is prima facie final and want to pursue a PhD., So, once I am on a certain field of law and try to extend binding. So, to recap, you cannot prevent confident that I have a strong PhD your base of knowledge in that specific all kind of disputes. There are types of proposal, I am going to start contacting field; the first step is to identify the key disputes that could be prevented, and academic professors in the field that I scholars who contributed to that field and these could be prevented by more clear want to do my thesis in which is to read their work. By doing so I think you management basis, and having a international investment law. So I plan get yourself ready for participating in the reasonable basis for decision making. on contacting professors abroad, mainly legal profession once you graduate. And in universities in the UK and Europe, and I promise that every effort you exert at luckily if I find an external program that this stage to widen your base of I can enroll myself into, but at the same knowledge will ultimately pay off time be able to continue practicing law sometime in the future. here, that would be the ideal situation for me. As for the professional career plans, I am very happy being a member of Shalakany. I consider Shalakany Firm my second home, and I am truly honored to have the chance to work with and learn from Dr. Khaled El Shalakany, the Firm’s Managing Partner, and Mr. Adam El Shalakany. So, I am very comfortable WWW . THE LAW . ME 53

IJmudpiacriatilality Abdullah El-Malatawy Should a judge recuse due to Facebook LL.M, University of California Davis, School of Law. friendship with one of the parties in the PhD candidate, University of the Pacific, McGeorge School of Law. case, attorneys, or witnesses? Counselor at Egyptian State Lawsuits Authority. Because judicial impartiality is a cornerstone of justice, judges should decide disputes free of prejudice or personal bias. If there is any conflict of interest, a judge should be disqualified as a result of his or her inability to maintain impartiality in a case. Obviously, recusal is necessary even where the judge is impartial, but appears not to be. The unprecedented growth of social networks has raised questions of judicial ethics. For instance, should judges recuse from cases when they are Facebook friends with one of the parties, attorneys, or witnesses? The first theory adopts the narrow interpretation of the Because of the global nature of social networks, several jurisdictions have ruled term “friend” which was established by the Cour de Cassation onthis issue. This article discusses two in France and the Florida 3rd District Court of Appeal. While the second theory relies on a broad interpreta- different theories on this legal issue. tion of the term of a friend and was adopted by the Florida 4th District Court of Appeal. In France, the Cour de Cassation recently answered the question by deciding that a Facebook “friendship” was not the equivalent of an ordinary relation of personal friendship: “........ the Court of Appeal held that the term \"friend\" used to refer to persons who accepted a social networks do not refer to friend- ship relationships in the traditional sense and that the exis- tence of contacts between these different people through these networks is not sufficient to characterize a particular bias, is simply a specific means of communication between persons who share the same interests, and in this case the same By contrast, in the United profession” Because the Cour de Cassation is the highest civil and criminal court in the country, this decision settles States, this question is still a matter of the issue for now. controversy. On August 23rd, 2017, the Florida 3rd District Court of Appeal as ruled that Facebook friends are not necessarily real friends. Therefore, the Facebook friendship doesn’t provide per se a basis for a judge recusal. In this case, the third district court of appeals judge Thomas Logue wrote: “Social media networks are evolving at an exponential rate. Acceptance as a Facebook “friend” may well once have given the impression of close friendship and affiliation. Currently, however, the degree of intimacy among Facebook ‘friends’ varies greatly. The designation of a person as a ‘friend’ on Facebook does not differentiate between a close friend and a distant acquaintance”. 54 WWW . THE LAW . ME

Judge Thomas Logue continues: “Because a friend on a social networking website is not necessarily a friend in the traditional sense of the word, we hold that the mere fact that a judge is a Facebook ‘friend’ with a lawyer for a potential party or itness, without However, a few years ago, the district court of appeals of the state of Florida more, does not provide a basis for a ruled the opposite way on a similar set of facts. On September 5, 2012, the well-grounded fear Florida 4th District Court of Appeal in the Domville v. State case, concluded that that the judge cannot the Facebook friends are real friends and that the Facebook friendship does be impartial or that provide a basis for a judge recusal. To reach this conclusion, the court reasoned the judge is under that, when a judge accepts a friendship request from another person, then, each the influence of the of a judge’s friends may see on a judge’s page who the judge’s other friends Facebook friend”. are. Similarly, all friends of another user may see that the judge may also friends of that user. Thus, by so doing, the judge conveys or permits others to convey the impression that they are in a special position to influence the judge. Furthermore, the court noted that when the judge’s list of friends on his own page on Facebook shows an attorney who appears before him as a friend on his Facebook page, this reasonably conveys to others the impression that these lawyers “friends” are in a special position to influence the judge. By virtue of the 2017 decision, there is now a split within Florida appellate courts, which likely means the Florida Supreme court will have the final say on this significant issue. How should this question I disagree with the argument that a be resolved? Facebook friendship does necessarily signify the existence of a close In my view, the opinion of the Cour de relationship for many reasons. First, Cassation in France and the Florida 3rd some people have thousands of District Court of appeal in 2017 are more Facebook friends. Thus, it is impossible convincing than the fourth district in the to consider these huge number of friends Domville case. In 2012, the Florida 4th as real friends. According to a study by District Court of Appeal held that the Oxford University psychology professor Facebook friends are real friends thus Robin Dunbar, people can maintain only the Facebook friendship does provide a about 150 stable relationships. Second, basis for a judge recusal simply because Facebook members often cannot re- identifying one of the parties in the case, member every person they have on their a witness, or the lawyer as a ‘friend’ of Facebook pages as friends. the judge on a social media networking According to professor Robin Dunbar “... site conveys the impression that they are even though social media provides in a position to influence the judge. As significant communication opportunities, the court concluded, such identification time is a constraint that limits in a public forum of a lawyer who may face-to-face interactions. And the lack of appear before the judge conveys this face-to-face interactions makes it difficult impression and should not be to invest in a relationship for maintaining permitted. an essential level of emotional intensity.” Even in online environments, a focus can be very limited due to the lack of time. WWW . THE LAW . ME 55

Third, the selection of the Facebook friends isn’t based on the personal interaction between the Facebook’s member but instead the Facebook’s data-mining technology which is list of friends uploaded contact lists from smartphones and computers, emails, names tagged in uploaded photographs, internet groups, networks such as schools, universities, and employers. According to this information, Facebook then can predict associations and suggest these “People you may know” as potential friends.This common method of selecting Facebook friends weakens the rationale of the Domville case that a Facebook friendship between the judges and attorneys necessarily conveys or permits others to convey the impression that they are in a special position to influence the judge. Finally, the designation of a person as a “friend” on Facebook does not differentiate between a close friend and distant acquaintance. Thus, based on the reasons above I think that the mere fact that a judge is a Facebook friend with a party, lawyer or witness, without more, does not establish a valid base for recusal. To understand why this argument seems valid, a parallel can be made with tribal relationships in Arab countries. In many Arab countries, the population is traditionally divided into lots families and tribes. Every family or tribe has a particular name distinguishing them from other families. Additionally, these families are linked with others by The family or tribe sometimes contains nearly 5000 people. the blood and affinity relationships which mean that the Arab people live in the closed communities. Pursuant to that facts, the Facebook friends of the Arab judge are likely to be a member of his family or other families whose family has an affinity with their families. That would create, at first glance, a suspicion of bias which conveys or permit others to convey the impression that they are in a special position to influence the judge. However, the reality is that many of these friends probably are a casual friend or an acquaintance which does not constitute friends in that classic sense, because they are selected based on Facebook’s data-mining technology as opposed to personal interactions. Additionally, the mere fact that a judge is a Facebook friend with a lawyer who may appear before him without more, does not provide a basis for a well-grounded fear that the judge cannot be impartial or that the judge is under the influence of the Facebook “friend”. In the Arab world such as Egypt, the lawyer is not limited by the specific Governorate throughout the country. For instance, if the lawyer lives in Upper Egypt and practice law there he also can appear before the courts located in Cairo or Alexandria. Consequently, if the judge whose court located in Cairo is a Facebook friend with a lawyer lives in Upper Egypt, then, it is still possible for the lawyer to appear before this judge, nevertheless, they are in the long run. In this case, the mere connection between an attorney and judge doesn’t alone warrant recusal, but it can probably open a line of inquiry into the nature of the relationship. 56 WWW . THE LAW . ME

In Hayes v. Rogers, Justice Overton concluded that “ ..if 57 friendship alone with a lawyer or member of a firm is a basis for disqualification, then most judges in rural and semi-rural areas and many in metropolitan areas would be subject to disqualification in a large number of cases”.Thus, requiring recusal in such cases does not reflect the true nature of a Facebook friendship and casts a large net in an effort to catch a minnow. Notwithstanding, there is no doubt that the relationship between the judge and the lawyer, or the party may under certain circumstances warrant the disqualification. There are some circumstances in which the Facebook friendship could be a valid reason for the recusal of a judge. In Chace v. Loisel, the Florida Fifth District Court of Appeal held that “ ...in a dissolution of marriage case, a judge who sent the litigant (wife) a friend request on a social media site while the case was in the proceedings which the recipient rejected, made an ex-parte communication and was required to recuse himself”. The fact, in this case, would create in a reasonably prudent person a well-grounded fear of not receiving a fair and impartial trial, thus the recusal judge is necessary to achieve justice. The reality is that the judges like other people have friends either Facebook friends or real life friends. However, it is also certain that even without Facebook friendships, many lawyers and litigants are suspicious of the relationship with the judges. In fact, the judges cannot be banned from having real friendships with lawyers or other people because judges do not drop out of society when they become judges. Professor Ste- phen Giller, a legal ethics expert at New York University, once wrote “ The people who were their friends before they went on the bench remained their friends, and many of them were lawyers”.On the other hand, because impartiality of the judge is a mainstay for achieving justice all over the country, a judge must not only avoid all dishonesty, but also the appearance of impropriety, a judge must foresee he or she will be the object of persistent public scrutiny, a judge must, therefore, accept restrictions on his conduct which might be viewed as wearisome by the ordinary citizen and should do so freely andwillingly. For all these reasons, the exact limits of judicial behavior online are likely to remain, at least for now, an open question. WWW . THE LAW . ME

LEGAL Matok Bassiouny & Hennawy Shahid Zulficar & Partners Address: 12 Mohamed Ali Genah, Address: 20B Adly Street, Address: Nile City Building South Garden City, Cairo, Egypt Downtown, Cairo 11511, Egypt Tower, Eighth Floor, Cairo, Egypt Tel: +2 02 2796 2042 Tel: +202 2393 5557 Tel: +202 24612161 Email: [email protected] Email: [email protected] Email: [email protected] Al Kamel Shalakany El-Sherif foundation Address: Dokki Building 17, Nabil El Address: 12 El Marashly St., Zamalek, Address: 81, Mohammed Mekled Wakkad Street Dokki, Giza, Egypt Cairo 11211, Egypt Street, Nasr City Tel: +202 3761 5271 Tel: +202 27288888 Phone No: 01222255504 Email: [email protected] Email: [email protected] Email: nohasherif@elsherifoundation. com 58 WWW . THE LAW . ME

DIRECTORY Rizkana & Partners Tahoun & Associates Sari Eldin Address: 6 Wezaret El Zeraa Street, Address: 35 (B) Abol Feda street, za- Address:KM 28 Cairo Alex Desert City Capital Building, 10th Floor, Dokki, malek,Cairo,Egypt Road, B 19 Smart Village, 6th of October, Giza, Cairo, Egypt Office Tel: +(202) 273 57385 /+(202) Giza, Egypt Tel: +2(02)3760-4100 273 57386 ( Ext. 104) Telephone:(+202) 35352424 Email: [email protected] Email: [email protected] Email: [email protected] Kosheri, Rashed & Riad FTD Partners Healys Law Firm – Egypt Branch Address: 16A, Maamal El Sokkar Address: 45 Al-Iqbal Street, Corniche Address: 1 Latin American St., Garden Street, Garden City, Cairo, Egypt Road, Alexandria, Egypt City, Cairo - Egypt Tel: +2 0227954795 Number : +20 3583 5124 Email: [email protected] Email: [email protected] Email:http://www.ftd-partners.com/ Mob: +20(02) 01004425197 Email: [email protected] Email: [email protected] WWW . THE LAW . ME 59

GAPTAEYWMAEYNST 60 By: Basma Seif Senior Associate at Sharkawy & Sarhan Law Firm The CBE has issued new circulars earlier this year in 2019 to regulate the activity of two types of service providers that equip the contracting merchants with payment gateways. The first is technical payment aggregators commonly known as Aggregator. The second is payment facilitators called Facilitator.  The Aggregator is a technical payment service provider. It provides an electronic platform for the merchant’s collection services. It thus connects the merchant to the various payment networks such as credit card networks, mobile wallets, scratch cards, etc. It also acts as a connection between the merchant and his bank. However, the bank settles the collections in an internal account that is not accessible to the Aggregator.  The Facilitator is a technical and financial payment service provider. Just like Aggregators, the Facilitator also connects the merchant to the various payment networks. However, the Facilitator additionally receives, holds, and settles payments on behalf of the merchant in an account that is in the Facilitator’s name. It then transfers the held amounts to the merchant’s account within a specific timeframe. The Facilitator is only allowed to deal with small-sized merchants which annual collections do not exceed EGP 3 million. The CBE circular uses unusual terminology compared to most other jurisdictions. While the central bank uses the term “Aggregator” for service providers, other jurisdictions use “facilitators” or “processors.” Meanwhile, the term “Facilitator” locally refers to service providers. However, other jurisdictions call them aggregators. WWW . THE LAW . ME

The following table sheds light on the critical differences between the regimes applicable to Facilitators and Aggregators, based on the terms used in the CBE regulations. 23 Is there a How do service threshold for 1 providers eligible contract with merchants? What is the role merchants? Facilitator Aggregator of the service Aggregator Facilitator provider? The Facilitator can No upper threshold. The Acquiring Bank The Facilitator is involved in the contracts directly only contract with contractual with merchants on arrangement. behalf of the small merchants Facilitator Aggregator Acquiring Bank. only whose annual The Acquiring Bank is not a party to collections do not The Facilitator the agreement. exceed EGP three provides The Aggregator (3) million from all provides technological and technological alternative payment financial services to services only to the channels. the merchants merchants contracting with it. contracting with it. The Facilitator r 4 eceives financial The acquiring bank IN settlements on (i.e. the merchant’s CONCLUSION behalf of the bank) carries out a daily settlement With many initiatives taken to lay down Can the service merchants, in an the infrastructure for a digital economy, account that is in through the Egypt’s ecosystem is on the move at an acquiring bank’s unprecedented pace. provider receive the Facilitator’s name. internal account, The government has set its three-year then transfers strategy to position Egypt as a regional payments in The Facilitator fintech hub in the Arab world and Africa. must transfer the the money to the Despite the merchant’s account challenges, Egypt is exerting a lot of effort foreign money owed to the directly. to catch up with the international best merchants within a The Aggregator practices for currency? maximum of three does not have digital markets. (3) business days access to the from the date of the acquiring bank’s transaction. account. It cannot It can only use its withdraw, Aggregator Facilitator settlement account deposit or transfer for the payment any amounts from The Aggregator’s The Facilitator’s of the merchants’ such account. dealings with dealings with dues. regards to regards to authorizations or authorizations or settlements/clearing settlements/ must be in Egyptian clearing must be in Pounds only. Egyptian Pounds Nevertheless, the and cannot extend CBE may allow to other currencies. exceptions. 61 WWW . THE LAW . ME

Nafee law office is an Egyptian law office that was originally founded by Mr. Sami Nafee in1 953, the legal advisor and attorney at law before Egyptian Court of Cassation and constitutional court. After he passed away his son Mr.Ahmed Sami Nafee took the lead with over 20 years of experience in different fields of law. Over the years the office has succeeded in establishing high reputation at the legal market by the support of a professional team with high experiencein different majors of law. Our office provides highly sophisticated and comprehensive legal advises for many different companies and individual in all legal matters. Our team is always keen to provide the best advice to our clients. We are specialized in laws, regulations and conventions affecting the conduct of business, seeking to grow continuously while maintaining uniform level of excellence in the service that we provide. OUR SERVICS: Commercial - Tax Law and Tax consultant - Litigation - Civil - Labor & Employment - Intellectual property - Real Estates - Administrative - Corporate and M&A - Criminal Law - Banking - Insurance CONTACT INFORMATION Address: 15, 26th of July street, Azbakeya, Cairo, Egypt Email: [email protected] Phone: + 25769329 Mobile Number: 01033353584/5 Website: http://www.nafeelaw.com/

Most 4 influencing judge (Amal Amar) BY: Noran Abdulbaki UK Healys selects Egypt as its first branch in the Middle East Legal Updates Knowledge Management By: Sara Abdelghafar PROFESSIONAL The LAW operates in a world where standards are defined by professionality. The LAW utilizes its resources in order to showcase the definition of professionality in the everyday operations of the legal field. through such utilization, the LAW contributes to shaping the Thought and behavior of the community. WWW . THE LAW . ME 63

What do you find most challenging about I believe that your profession? In 2007 I started my journey and career as a judge in one of with education, the civil circuit divisions of the South Cairo Elementary Court, hard work, and to be honest I thought back then that I would face a lot of dedication and difficulties, fortunately it turned out to be the complete opposite knowledge as I managed to overcome a few difficulties with the support and help of my fellow judges. And for every person I have worked with whether in the South Cairo Elementary court, Cairo Economic court, Ismaileya appeal court or the center for judicial studies, I would love to express all kind of respect and appreciation to what I have learned from all of them as that was one of the reasons behind my success and continuity. Being a mother and a wife is such a massive there is nothing responsibility, how have you stayed so active with your career, raising your own children and having a role in the community service? impossible. Honestly, working in the judiciary profession is extremely difficult and it requires an endless time of a constant research, hard work and dedication. On the other hand taking good care of a family as a mother and a wife is a Tell us more about your phase that is between your graduation massive responsibility that I consider an from law school Cairo university that was back in 1992 and until amazing and inspirational role. the time you run for an appellate court judge? Therefore, the ability to balance and achieve success between both roles is First of all I graduated from law school Cairo university in 1992 with a cumulative not that simple at all, unless there is a grade very good, and then later on in 1994 I received my master degree in supportive, cooperative and an international business law from the institution of international business law (IDAI, understanding family members that Insitut de Droit des Affaires Internationales). Moreover, I have always dreamt to includes the wife, husband and children. be one of the most successful and famous lawyers but that dream transformed to another one as I remember that right after I received my master degree and my scholarship to France I had the opportunity to attend a court hearing in Paris that consisted of three women judges in the court bench, and that moment ignited a spark of inspiration to have a judiciary role career. Once I went back to Egypt I was determined to begin a judiciary career path which started by working for thirteen years in the administrative prosecution authority, later on in the year of 2007 the supreme judicial council and the ministry of justice announced a competition to appoint women judges who are members of the administrative prosecution authority and the state judiciary authority. Nevertheless, only 30 women judges in which I was one of them have managed to pass the oral and the written exam out of a total of 174 members who submitted for the competition. Since that time I started my journey in the judiciary profession until I have managed to reach the highest judiciary position as a president of court of appeal. There is no doubt that through your career journey you have faced a sense of discrimination in a field that is to a certain point male-dominated field, how were you able to overcome such obstacle? Did your own exposure to discrimination shape your views? 64 Since 2007 Egyptian women judges have managed in a short period of time to fill most of the judiciary positions and to work in various branches of law which includes criminal, civil, economic and family. Moreover, women judges have managed to prove a great existence in other working positions for example in the technical office of the Court of Cassation and in the judicial inspection, in addition to other vital administrative positions like assistant for the minister of justice and presidency of courts, which is a prove of empowering women judges in leadership positions. WWW . THE LAW . ME

In 2018, you were an elected member of the BY: Noran Abdulbaki African union adviser board for anti-corruption and now you are the vice president, can you please MJINUOFDSLGTUEENCING tell us more about your role in the union and what accomplishments have you achieved so far? JUDGE In 2017 the Arab Republic of Egypt ratified the African union AMAL convention on prevention and combating corruption and AMAR subsequently in 2018 I was elected as a member of the African union adviser board for anti-corruption representing 65 the northern region. Later on in 2019 I was elected as a vice president of the union and this proves that women have the ability to reach the highest working positions both internationally and nationally. Regarding the functions and the responsibilities of the union that are clearly indicated in article 22 of the convention, such responsibilities are carried out by all of the members of the union with no exception to adopt policies and plans for the eradication of all types of corruption and to establish a platform that will benefit the entire continent of Africa. The percentage of women judges is relatively low, what are your hopes for the future regarding this matter and what suggestions would you like to share in order to make this percentage increase in the future? I absolutely agree that the percentage of women judges is low in the Egyptian judiciary field, but in contrast to other jurisdictions the existence of women judges started with one or two judges only, whereas in Egypt the judiciary in 2007 allowed 30 women judges to hold positions in court bench and the number increased to 66 women judges in 2015. Of course I hope to see more women in all areas and positions of the judiciary and in all types of courts. Based on your experience what advice would you like to give young lawyers especially girls who are seeking a career in the judiciary field? The judiciary profession is just like any other profession that requires certain educational and experience criteria irrespective of the gender. Nevertheless, the first generation of Egyptian women judges have managed to prove their remarkable existence and success in the judiciary field which will have a great impact for the next generation that I believe that they will have a better future and opportunity. However, I believe that with education, hard work, dedication and knowledge there is nothing impossible. What are your plans for the future? I hope that in the future and as a member of the national council for women and an alternate rapporteur of it’s legislative committee to adopt supportive law provisions for the rights of Egyptian women of the 2014 constitution and to issue an encyclopedia that features all of the inspiring Egyptian women that had a great role in the legal profession throughout the history of Egypt. WWW . THE LAW . ME

UK Healys selects Egypt as its first branch in the Middle East A US company with a turnover of $ 1 billion cooperated with Healys to invest in Egypt Omar Shams, a partner in Healys office, said that Healys has Omar Shams: “Healys provides its several branches worldwide and in England where the main services in 15 countries around the center has launched and started to provide its services through world and has been operating for 40 Italy, Cyprus, Brazil and Pakistan and preferred to invade the years” Middle East through Egypt establishing its first branches. He pointed out that “Healys provides its services in 15 coun- tries around the world and it preferred Egypt as its first branch in the Middle East because of its security and political stability and the huge economic growth in the scale of investment and the establishment of new companies”. Healys was able in a short time to conclude agreements with many clients in Egypt as a result of the widespread demand for legal services, he added. Shams explained that Healys provides all legal services and consultations starting from immigration procedures, wealth management and all what is related to the establishment of companies, restructuring, preparation of regulations and recommendations of ordinary and extraordinary general assemblies of companies, internal management services, writing and discussing contracts, as well as procedures for liquidation of companies. “Healys is capable of completing the procedures of establishing new companies as soon as possible, not to exceed two days, and preparing the commercial and insurance register, etc. The office also has a special section composed of 10 people on civil cases, and provides recruitment services for lawyers at companies if they wish to recruit them” He added. He indicated that the provision of legal services to all business and financial sectors, including banks, financial institutions, construction companies, publicity, hotels, insurance, real estate, etc. in addition to services concerning international contracts for franchise. He noted that Healys also provides services concerning legal research and counselling to clients who are interested in setting up economic activities, and provides a partner if desired.Omar also revealed that Healys is the legal agent of one of the largest American cosmetics companies, which has been working for 50 years, with a turnover of $ 1 billion. The company’s preference to expand in Egypt reflects the strength and attractiveness of the market. In Egypt, Healys provides legal services with a high-level experience and world-class quality at competitive prices. Moreover, it uses international expertise in all legal cases and files. He emphasized the exchange of experience among Healys team around the globe. 66 W W W . T H E L A W . M E

The Cairo Regional Centre for According to the Youm7, the On 19th of July 2019, the Minister International Commercial Arbitration parliament is expected to of Manpower issued a new decision (CRCICA) and ADGM Arbitration pass a new law that governs the (Decision No. 146 of 2019). The Centre inked an agreement to E-commerce issue in the middle decision obliges non-Egyptians to strengthen and bolster Arbitration of October 2019. This law is obtain Work Permits either from the and Mediation practice in the MENA supposed to organize the competent Ministry or its subor- region. By virtue of the Cooperation E-commerce specially the unofficial dinate directorates, or from Work Agreement ADGMAC is CRCICA pages on the internet and apply tax Permit offices established in other ‘s alternative hearing center for its on them. administrative bodies on the arbitrations and mediations to be condition of ensuring that the conducted in the UAE. concerned individual is authorized to enter the Egyptian territory and to reside therein for work purposes. LEGAL Kuwaiti Commercial Law states UPDATES that foreign entities cannot conduct business in Kuwait except through On 11 July 2019, Presidential On 19th of August, 2019 Egypt the use of a Kuwaiti agent or by Decree No. 335 for the year 2019 passed a new social insurance participating in the ownership of a regarding the establishment of an law that will enter into force on separate Kuwaiti Legal Entity. arbitration center for the settlement 1/1/2020. However, some certain of disputes arising from the applica- articles related to the obligations Brazil passed a new law that tion of laws related to non-banking, of the state treasury, which have recognizes the awards of arbitration financial transactions. The Decree entered into force on 20/08/2019. and mediation in disputes related to entered into force as of the next day The law extended the insurance to the confiscation of properties. of its publication, the center falls the non-regular employees like the under the name of “The Egyptian overland transportation employees. Center for Voluntary Arbitration and the Settlement of Non-Banking, Financial Disputes” It is supposed to be a non-profit organization. WWW . THE LAW . ME 67

MKNAONWAGLMEDEGNET Knowledge Management… The Magic Pill After reading this title, you’re probably wondering what in the world is Knowledge Management? In this piece, we will unpack some of the most asked questions on knowledge management. What are the assets of law firms? By: Sara Abdelghafar Lawyers are knowledge workers; they sell their knowledge, their intelligence, and their expertise. As a matter of fact, the main assets in every law firm are the lawyer’s expertise, the understanding of the needs and interests of their clients and to build trust. It means that lawyers carry the main assets of the law firm and walk out the door every single day. It is possible to manage the physical assets of a law firm, but how can you manage these intangible assets? This is where knowledge management comes in. So, what is Knowledge Management? The idea of Knowledge Management is to unlock the knowledge that exists inside the firm and inside the lawyer’s mind, leveraging it with more knowledge driven processes tools and technologies and identifying where & how it can be stored, so it can be easily accessible by putting it at the fingertips of the entire firm and to the benefit of its clients. Imagine a steel manufacture with workers searching everyday where the steel is stored! Imagine if they were constantly figuring out who has the knowhow to convert the scrap steel into molten steel! Imagine how much time would be wasted. It sounds unrealistic for any business, right? well this is the everyday struggle of law firms with no Knowledge Management system. 68 WWW . THE LAW . ME

Platt’s famous saying: 69 “if only HP knew what HP knows, we would be three times more productive.” Why is Knowledge Management Important for law firms? If you adopt an effective knowledge management system and implemented it in a meaningful way, it will work like magic in reducing costs and save time. You are not going to have lawyers who spend 50% of any project timeline searching for and recreating information that already exists inside their firm. If knowledge isn’t shared and accessible, time will be wasted in recreating solutions, repeating mistakes people made before, inside the same firm, and answering the exact same inquiries over and over again. Knowledge Management also protects the firm against the risk of high turnover. Addressing this subject is perhaps more relevant today than it was ever before, because turnover in Egyptian law firms has increased exponentially over the last few years and it seems this trend will continue. This once again confirms the importance of preserving knowledge and making it accessible to the rest of the firm. What is the relationship between Knowledge Management and Technology? Knowledge Management is not a technology-based concept. Technology is a tool supporting Knowledge Management, not driving it. As with the impact of technology in our personal life, it also has impacted the legal business. While we are depending more and more on technology in every single aspect of our life to make it easier, more convenient and to save time, it should come as no surprise that technology has become one of the most essential instruments for a successful Knowledge Management strategy for any legal business. Law firms should be agile Welcome to the future, change is happening. Inside the legal community in Egypt, all eyes will be on Knowledge Management for the next few years. Managing the knowledge is going to be the lifeline for any firm. Of course, we are going to hear the sounds of the change resistance syndrome people, but be smarter than the troglodytes who, only two decades ago, claimed they will NEVER have a cell phone. WWW . THE LAW . ME

䄀䌀䐀  吀䠀䔀 䰀䄀圀∡ 䄀渀渀甀愀氀 䌀愀爀攀攀爀 䐀愀礀 椀猀 琀栀攀  ǻ爀猀琀 氀攀最愀氀 攀瘀攀渀琀 琀漀 椀渀挀氀甀搀攀 愀氀氀 琀礀瀀攀猀  䄀一一唀䄀䰀 䌀䄀刀䔀䔀刀 䐀䄀夀 漀昀 氀愀眀 ǻ爀洀猀Ⰰ 最漀瘀攀爀渀洀攀渀琀 愀最攀渀挀椀攀猀Ⰰ  一䜀伀ᤠ猀 愀渀搀 椀渀ⴀ栀漀甀猀攀 挀漀爀瀀漀爀愀琀攀 氀攀最愀氀  吀䠀䔀 䰀䄀圀∡ 䄀渀渀甀愀氀 䌀愀爀攀攀爀 䐀愀礀 椀猀 搀攀猀椀最渀攀搀 琀漀 愀挀栀椀攀瘀攀 愀  猀攀渀猀攀 漀昀 挀漀洀洀甀渀椀琀礀 愀渀搀 椀渀挀氀甀猀椀漀渀 琀漀 搀椀瘀攀爀猀攀 洀攀洀戀攀爀猀  漀昀 琀栀攀 氀攀最愀氀 瀀爀漀昀攀猀猀椀漀渀⸀ 䈀礀 瀀愀爀爀挀椀瀀愀愀渀最 椀渀 ⌀吀栀攀䰀愀眀䄀䌀䐀 瀀愀爀爀挀椀瀀愀渀琀猀 眀椀氀氀 琀愀氀欀 搀椀ⴀ 爀攀挀琀氀礀 琀漀 爀攀挀爀甀椀琀攀爀猀Ⰰ 愀渀搀 搀椀猀猀渀最甀椀猀栀 琀栀攀洀猀攀氀瘀攀猀 昀爀漀洀  漀琀栀攀爀 挀愀渀搀椀搀愀琀攀猀⸀ 倀愀爀爀挀椀瀀愀渀琀猀 猀栀漀甀氀搀 昀攀攀氀 昀爀攀攀 琀漀 椀渀焀甀椀爀攀 愀戀漀甀琀 愀渀礀 椀渀昀漀爀ⴀ 洀愀愀漀渀 椀渀挀氀甀搀椀渀最 攀渀渀琀礀 瘀愀氀甀攀猀 愀渀搀 最漀愀氀猀Ⰰ 挀愀爀攀攀爀 氀愀搀ⴀ 搀攀爀猀Ⰰ 愀渀搀 搀攀琀愀椀氀攀搀 樀漀戀 搀攀猀挀爀椀瀀瀀漀渀猀⸀ ⌀吀栀攀䰀愀眀䄀䌀䐀 椀猀 漀瀀攀渀 琀漀 愀氀氀 氀愀眀礀攀爀猀Ⰰ 氀攀最愀氀 瀀爀漀昀攀猀猀椀漀渀愀氀猀Ⰰ  氀愀眀 猀琀甀搀攀渀琀猀 愀渀搀 漀琀栀攀爀 椀渀搀椀瘀椀搀甀愀氀猀 椀渀 琀栀攀 氀攀最愀氀 瀀爀漀昀攀猀ⴀ 猀椀漀渀 眀椀琀栀漀甀琀 爀攀最愀爀搀 琀漀 愀最攀Ⰰ 爀愀挀攀Ⰰ 爀攀氀椀最椀漀渀Ⰰ 最攀渀搀攀爀Ⰰ  挀漀氀漀爀Ⰰ 渀愀愀漀渀愀氀 漀爀椀最椀渀Ⰰ 愀渀挀攀猀琀爀礀Ⰰ 搀椀猀愀戀椀氀椀琀礀 愀渀搀 瀀漀氀椀椀挀愀氀  愀ϻ氀椀愀愀漀渀⸀ 吀䠀䔀 䰀䄀圀∡ 䄀渀渀甀愀氀 䌀愀爀攀攀爀 䐀愀礀 椀猀 愀 琀愀椀氀漀爀攀搀 攀瘀攀渀琀 猀瀀攀挀椀昀ⴀ 椀挀愀氀氀礀 搀攀猀椀最渀攀搀 琀漀 挀漀渀渀攀挀琀 琀栀攀 攀渀渀爀攀 氀攀最愀氀 挀漀洀洀甀渀椀琀礀  椀渀 漀渀攀 瀀氀愀挀攀⸀ 圀䠀夀 圀䔀ᤠ刀䔀 䠀伀匀吀䤀一䜀 吀䠀䤀匀  䔀嘀䔀一吀㼀 䄀䄀攀爀 爀椀最漀爀漀甀猀 爀攀猀攀愀爀挀栀Ⰰ 眀攀 搀椀猀挀漀瘀攀爀攀搀 琀栀愀琀 洀漀猀琀 氀愀眀 猀琀甀ⴀ 搀攀渀琀猀 愀渀搀 洀愀渀礀 氀愀眀礀攀爀猀 搀漀渀ᤠ琀 栀愀瘀攀 椀渀ⴀ搀攀瀀琀栀 攀砀瀀攀爀爀猀攀  愀戀漀甀琀 挀愀爀攀攀爀 漀瀀瀀漀渀猀⸀ 䴀愀爀欀攀琀 愀渀愀氀礀猀椀猀 栀愀猀 猀栀漀眀渀 琀栀愀琀 瀀愀猀琀  挀愀爀攀攀爀 昀愀椀爀猀 漀渀氀礀 椀渀挀氀甀搀攀 愀 氀椀洀椀琀攀搀 猀攀最洀攀渀琀 漀昀 琀栀攀 氀攀最愀氀 ǻ攀氀搀Ⰰ  猀漀 眀攀 搀攀挀椀搀攀搀 琀漀 椀渀琀攀爀瘀攀渀攀 戀礀 漀瀀攀渀氀礀 氀愀礀椀渀最 漀甀琀 琀栀攀  洀愀爀欀攀琀⸀ 䐀攀瘀攀氀漀瀀椀渀最 琀栀攀 氀攀最愀氀 挀漀洀洀甀渀椀琀礀 栀愀猀 愀氀眀愀礀猀 戀攀攀渀 漀甀爀 最漀愀氀⸀  圀攀 戀攀氀椀攀瘀攀 琀栀愀琀 氀攀最愀氀 瀀爀漀昀攀猀猀椀漀渀愀氀猀 愀爀攀 欀攀礀 琀漀 漀甀爀 一愀愀漀渀ᤠ猀  搀攀瘀攀氀漀瀀洀攀渀琀Ⰰ 愀渀搀 猀漀氀椀搀愀爀椀琀礀 栀愀猀 愀氀眀愀礀猀 戀攀攀渀 愀 猀琀爀攀渀最琀栀⸀ 圀攀 愀猀瀀椀爀攀 琀漀 攀渀栀愀渀挀攀 琀栀攀 攀挀漀渀漀洀椀挀 挀氀椀洀愀琀攀 琀栀爀漀甀最栀 瀀爀漀瘀椀搀ⴀ 椀渀最 攀洀瀀氀漀礀洀攀渀琀 漀瀀瀀漀爀琀甀渀椀椀攀猀Ⰰ 搀攀挀爀攀愀猀攀 琀甀爀渀漀瘀攀爀 爀愀琀攀猀 愀渀搀  愀挀挀瘀攀氀礀 攀渀挀漀甀爀愀最攀 氀攀最愀氀 瀀爀漀昀攀猀猀椀漀渀愀氀猀 琀漀 瀀甀爀猀甀攀 琀栀攀椀爀 瀀愀猀ⴀ 猀椀漀渀猀⸀ ⌀吀栀攀䰀愀眀䄀䌀䐀 吀攀愀洀 椀渀挀氀甀搀攀猀 䰀愀眀 猀琀甀搀攀渀琀猀 昀爀漀洀 吀栀攀 䜀攀爀洀愀渀  唀渀椀瘀攀爀猀椀琀礀 椀渀 䌀愀椀爀漀Ⰰ 䄀爀愀戀 䄀挀愀搀攀洀礀 昀漀爀 匀挀椀攀渀挀攀 愀渀搀 吀攀挀栀渀漀氀漀ⴀ 最礀Ⰰ 䌀愀椀爀漀 唀渀椀瘀攀爀猀椀琀礀Ⰰ 䄀椀渀 匀栀愀洀猀 唀渀椀瘀攀爀猀椀琀礀Ⰰ 愀渀搀 䠀攀氀眀愀渀 唀渀椀ⴀ 瘀攀爀猀椀琀礀⸀ 吀栀椀猀 攀瘀攀渀琀 椀猀 攀砀琀爀攀洀攀氀礀 搀椀瘀攀爀猀攀 愀渀搀 挀愀琀攀爀猀 琀漀 琀栀攀 氀攀最愀氀 挀漀洀ⴀ 洀甀渀椀琀礀 愀琀 氀愀爀最攀⸀

Importance of 5 Intellectual Property Rights By: Omar Abd EL Salam Our role as the voice of the legal field is to allow its members and institutions to shape its boundaries. from such belief, we work towards increasing and sustaining platforms that our audience and community partners can use in order to become masters of their sea. WWW . THE LAW . ME 71

All fields of industries and technologies have been rapidly Importance developing worldwide especially after starting the new millennium due to the high competition and major of by: Omar Abd EL Salam economy changes that took place worldwide over the Attorney at Law past fifteen years. Al Kamel Law Firm Due to such changes, all business owners and developers (whether individuals, small, medium or large enterprises) Intellectual have realized the importance of utilizing and protecting all kinds of assets which could be of value and which allows Property business owners or developers to gain profits therefrom, including intellectual property. Rights According to such change, intellectual property rights have been a major concern to all business owners and developers, whereas, intellectual property rights including; patents, trademarks, copyrights, industrial designs and agricultural varieties, became an essential element/core in distinguishing, marketing and developing businesses. As an important example, businesses working in technology development and artistic works are always concerned with respect to sharing their creations with third parties or with public community based on the concern that such creations maybe unlawfully exploited or claimed by any other person; leading to the fact that technology developers or artists may reach the point to cease sharing their creations; and consequently prohibiting communities from benefiting out of such creations and developments in all manners. Since and therefore, development of intellectual property rights protection became a must and an important topic among legal communities in order to allow owners of such intellectual property to benefit, share and protect their rights in relation to their creations and to encourage communities to value such creations as a very important asset. According to a study made by Brand Finance and published by the Forbes in 2017, the estimated value of Google’s trademark is approximately $44 billion U.S dollars. Such example definitely explains the value of intellectual property and the importance of its protection. 72 W W W . T H E L A W . M E

On a local scale, the intellectual property rights protection in The Egyptian legislator has placed an eased process of Egypt has been flourishing over the past three years and registration in relation to intellectual property rights in order to especially with respect to copyrights, whereby audiovisual encourage business owners to register their intellectual production companies have recognized the value of property and accordingly enjoy relevant protection prescribed intellectual property rights and how to benefit from their under Egyptian Intellectual Property Rights Protection Law. creations; and therefore said companies have been practicing It is worth mentioning that from an Egyptian law perspective, national and international protection methods to prevent any there is a misconception – especially with respect to unauthorized use, distribution, copy or infringements to trademarks- that an intellectual property right registration their works. certificate is the evidence of ownership, however, registration is a process which grants protection of the intellectual property Protection of intellectual property rights is not only important right subject matter of the registration against infringements, to business owners, it is also very important for consumers of i.e. ownership could be evidenced through means other than services and/or products, since consumers invest their trust in the registration certificate. a certain branding based on a belief that such brand adopts certain quality standards which meets consumer’s satisfaction. As a part of the Egyptian legislator’s role in the development and understanding of the value of intellectual property rights, The World Intellectual Property Organization (“WIPO”), the Egyptian legislator did not only grant the owner of an has a major and a main effective role in protection of intellectual property the right to protect, license and use of intellectual property rights, since it connects all states (i.e. same, the Egyptian legislator has also granted said owner the members of WIPO) in order to form an international wall of right to benefit from such intellectual property by allowing the protection against intellectual property rights infringements. owner to mortgage such property (being an important asset) as security to third parties. As a matter of fact, Egypt is a member of the WIPO since 1975, which entitles Egyptian business owners to register In continuation of the Egyptian legislator’s efforts in combating their intellectual property internationally in order to enjoy an intellectual property rights infringement, the Egyptian Ministry international protection in other state members of their choice of Trade and Industry has issued Ministerial Decree No. 43 of according to their business needs. In addition, it allows foreign 2016 in order to ensure that products imported in Egypt must business owners of other states (members of the WIPO) to be imported from sources which enjoy a legally valid right to register their intellectual property rights in Egypt and enjoy use the trademarks indicated on such products (i.e. whether protection rights. from the manufacturer of the product, an authorized distributor or from a third party having an authorization from the owner of relevant intellectual property rights). Said Ministerial Decree had a great impact on importation in Egypt at the time of its issuance, various trading entities have been affected by the issuance of such decree, however, the supreme purpose of issuing said decree is to ensure consumer safety and enforce proper protection of intellectual property rights. It is always recommended to all business owners to immediately commence with the protection of intellectual property rights invested in their business in order to enjoy the right to utilize and benefit of same. WWW . THE LAW . ME 73

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TAHOUN & Associates provides reputable and growing businesses with independent internal legal department with a strategic input, on a flexible, competitive with economical pricing structure tailored to suit your business needs and demands. KEY FEATURES OF OUR IN-HOUSE LEGAL SOLUTIONS; • Competitive, Cost-effective and complete transparency • Onsite independent lawyers, on a flexible basis that will suit your business . • Our Lawyers are well trained, target & issue oriented, that will reduce your business’ day to day legal risk and any potential exposure to litigation or regulatory sanction. • Knows your operational challenges and comes with solutions that will enable you seize opportunities while protecting you from legal risk . • Legal advice, which empowers you to deliver your business’s objectives . • Strategic input which helps your business implement its policy and avoid unnecessary risks and costs . SCOPE OF WORK; • Reviewing, amending and drafting of projects contracts (i.e. EPC, O&M, DBO, BOO, BOT, PPP) as and when legal assistance is required; • Reviewing, amending and drafting of services, consultancy and other technical agreements; • Reviewing, amending and drafting of financing arrangements contracts and documentations; • Providing legal analysis, opinions, legal risk assessments and legal due diligence reports • Drafting of letters, notices and memorandum; • Reviewing of legal translation from Arabic to English and vice versa; and, • Handling negotiations, meetings and conference calls for contracts and other arrangements.

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