Author: Ibrahim Shehata Introduction The issue of transfer of technology agreements whereby an Egyptian Seat could be mandated has long been highly debated by the Egyptian literature and courts. Contradicting decisions from the Supreme Constitutional Court and the Court of Cassation has exacerbated the debate even further. In this regard,...
New York Convention & Egypt Key Insights in 30 Years (1989-2019)
Author: Ibrahim Shehata This guide aims at providing the international community with clear succinct insights concerning the application and interpretation of the New York Convention (“NYC”) by Egyptian Courts from the year 1989 and till the year 2019. We have surveyed approximately (500) judgments issued by Egyptian Courts concerning arbitration....
Coronavirus & Construction Contracts Under Egyptian Law
Author: Ibrahim Shehata Introduction Coronavirus or (COVID-19) has, unfortunately, hit the economies of most countries, causing severe consequences that have impacted almost all industries on a global basis. The Egyptian market is no exception, as there has been a spike in the number of recorded coronavirus cases in Egypt over...
Sports Arbitration in Egypt: The Utterly Baffling Experience
Author: Ibrahim Shehata This post has appeared first on Kluwer Arbitration Blog. Introduction There have been three main long-standing controversies concerning arbitration in Egypt. First, interest rates and whether they are truly part of Egyptian substantive public policy. Ismail Selim, ‘Egyptian Public Policy as a Ground for Annulment and Refusal...
Arbitrators’ Conflict of Interest: An Egyptian Perspective
Author: Ibrahim Shehata This post has appeared first on Kluwer Arbitration Blog. Introduction An ongoing discussion in the world of international arbitration concerns the conflict of interest of arbitrators and how such issue should be addressed. In this regard, the Egyptian Court of Cassation has very recently enriched this discussion...
Blockchain Based Smart Contracts: An Overview
Author: Ibrahim Shehata Introduction There have been a few news headlines lately reporting how blockchain technology and smart contracts will have an astounding added business value. For instance, McKinsey reports that blockchain-based smart contracts can save nearly $50 Billion in B2B transactions. [1] Furthermore, Accenture suggests that blockchain-based smart contracts...
Are Arbitral Anti-Suit Injunctions Enforceable before Egyptian Courts?
Author: Ibrahim Shehata This post has appeared first on Kluwer Arbitration Blog. In May 2018, the Cairo Court of Appeals issued an intriguing judgment concerning the enforcement of an arbitral interim measure. In the words of the Court, the arbitral tribunal has issued a procedural order against Damietta International Ports...
“Midnight” Clauses
Author: Ibrahim Shehata Introduction: Every now and then, two business parties realize that they are short on time to reach an agreement, so they resort to their lawyers to draft a sophisticated cross-border commercial transaction in an aggressively short time-span. The parties usually would have already agreed on all the...