I&D is pleased to announce Asharf AbdelNabi and Ashraf Abboud’s Promotion to Partners as of February, 2014.
01 Apr 2014
Ashraf Abboud Experience: Real Estate, Establishment of companies, representative offices, branch offices, and NGO; and General Corporate. Education: Ain Shams University Law School (Bachelor of Law, 1989). Formerly: Ibrachy & Dermarkar Law Firm, 2009; Abboud Law Office 1998-2008; Ibrachy & Dermakar Law Firm 1989 – 1997. Member: Egyptian Bar Association; Egyptian Junior Businessmen Association. Languages: Arabic and English. Email: emailto://firstname.lastname@example.org email@example.com
Ashraf Abdel Nabi Joined I&D in 2010 as a Manager of the Intellectual Property Department. Experience: IPRs, General Corporate. Education: Faculty of Law – Ain Shams University Formerly: Dr. Samir Sabry Law Office, 1994 – Alfeqy Law Office, 1999 – SMAS for Intellectual Property Rights. Accredited by the Ministry of Trade & Industry as an IP registered Agent. Member: Egyptian Bar Association in Cairo, accepted before Cassation Court, Arab Lawyers Union, AEPPI, AIPPI. Languages: Arabic & English. Email: firstname.lastname@example.org
I&D Team for Complex Litigation and Dispute Resolution Achieved Great Success in Privatization Case
01 Apr 2014
I&D team for Complex Litigation and Dispute Resolution led by Dr. Bahieldin Elibrachy and Dr. Fatma Salah and including Mostafa Mohamed, Sameh Abdel Samad, Hadi Basha, Lamiaa Abdel Razik and Heba El-Kady, scored a great success for a leading international producer of building materials at the trial level in the privatization case of one of its Egyptian subsidiaries.
The Egyptian subsidiary was established in 1993 and then privatized in 1999 for the leading international company. The 7th Circuit of the Administrative Court issued its decision upholding the privatization of the Egyptian subsidiary and denying the Claimants’ requests to annul the privatization deal and the associated share sale agreement and to return the company to the Egyptian government.
The decision is considered a leap forward for protecting the investment climate and reinforcing the confidence of the local and foreign investors. It came after a thread of systematic court judgements against privatization of state-owned business sector companies At least 12 judgements were issued by the administrative courts since 2011 reversing privatization deals signed by the administration of the former President Mubarak and ordering the return of the companies to the government. Three of these judgements were confirmed by the Supreme Administrative Court when appealed. The lawsuit against the privatization of the Egyptian subsidiary was initiated by activists and former employees alleged that company was sold off cheaply and the transaction was tainted with corruption during the Mubarak era in addition to violating the Egyptian law.
In their defence, I&D Dispute Resolution team highlighted the negative impact of such systematic judgements on the Egyptian economy. They expose the state to the risk of costly investment arbitration, eject much-needed foreign investment and add to an already difficult investment climate. Egypt is currently facing 11 pending arbitration cases before the ICSID, and they have been all filed after the 2011 Revolution. This is already a large number and it is expected to increase since a substantial number of investors, whose investment contracts were nullified, will seek remedies against the Egyptian government. It was explained to the court that corruption allegations by the state is subject to high standards of proof in investment arbitration. Mere allegations of corruption without introducing irrefutable proof are not enough to nullify a deal; they rather may be an indication of prejudice which is the very foundation of ICSID jurisdiction.
The Court held, inter alia, that privatization in itself is not an absolute harm that should be routinely resisted. It rather should be evaluated in a case by case basis in accordance with objective criteria. The court concluded that the sale of the Egyptian subsidiary was in full conformity of all applicable rules and procedures, in particular, Law no. 203/ 1991 regulating Public Business Sector. The court confirmed that the General Assembly of the holding company of the Egyptian subsidiary did not err in approving the price offered by Financier Lafarge. The judgement also stressed that the foreign investors honored all their obligations under the share sale agreements and met all conditions and restrictions set in the privatization decision, in particular, the expansion and development of the company and its productions lines.
Dr. Mohamed Ramadan joins I&D
01 Apr 2013
I&D announced that Dr. Mohamed Ramadan has joined the firm as a partner effective 1st April 2013. Dr. Ramadan is a qualified New York Lawyer and is admitted to practice at the Egyptian Bar of Association and has more than 7 years of work experience in Egypt and the United States. Dr. Ramadan read law at Cairo University and the George Washington University Law School. Dr. Ramadan brings capacity to the firm’s banking, finance and labor Department and Corporate Department.
On another note, Tamima Yehia a partner has left I&D in March 2013.
Egypt's legal and economic influential figures discuss the case of Al Watany bank as the trial starts taking its course and the public anticipates skeptically.
09 Jul 2012
Read the full article here: http://www.egyptindependent.com/news/mubarak-sons-insider-trading-case-begins-justice-elusive
I&D changes the face of cement production in Egypt
30 Apr 2012
Working as the legal counsel of one of the largest cement companies in Egypt, I&D succeeded to convince the Cabinet to rectify the error in Paragraph (19) of the State Development Fees Law as amended by Law 114/2008. The law subjected cement producing companies to a 27 EGP fee for each ton of clay they use at a rate of 1.3 tons for each ton of cement produced. this means paying the amount of 35 EGP for each ton of cement produced.
On behalf of our client, we contested the law on the basis that the correct and rational interpretation and reading of the law refers to a “ratio” of one ton of clay per every three tons of cement and not to a fixed amount. This would harmonizing the law with the actual reality since the content of clay per ton of cement averages 30% and not 130% as incorporated in the law.
I&D handled the case in a very unique way as it fought on different and parallel tracks. I&D led long negotiations with the Minister of Finance, suggested the creation of a comprehensive expert committee to study the case from all its different aspects to see the whole picture altogether. The committee included constitutional, administrative, accounting and legal experts. In the meantime, I&D contested the law at the court raising issues relating to its unconstitutionality, inaccuracy and its improper imposition as per the stipulated calculation.
Adopting I&D’s interpretation of the law, the Cabinet finally issued its decree to rectify Paragraph (19) to provide for a 27 EGP fee on every ton of clay at a rate of 1/3 ton for each ton of cement produced. The decree is issued in the Official Gazette dated 26 April 2012, and it shall save our client an amount of 100 Million EGP to be reflected as upside in its budget for this year.
We are pleased to announce that Mr. Fady Youssef has been Promoted to Associate as of October, 2016
10 Oct 2016
Fady Youssef Practice Area:Corporate, Commercial Law, Employment Law and Litigation.Prior to joining Ibrachy & Dermarkar Law Firm in 2015, Fady had a six-month internship with United Nations High Commissioner for Refugees (UNHCR), after which he worked in a leading Egyptian law firm. Email: email@example.com Education: LL.B. from Alexandria University, English section in 2012.Member: Egyptian Bar Association Languages: English, Arabic.
Do football players obtain all their rights in Egypt?
The below Article tackles several vital issues regarding the rights of football players in Egypt and the importance of a specialized sports lawyer to represent those who need legal advise and representation that usually requires knowledge of several areas of law and not just through an agent.
First: The Egyptian Football Federation (EFA) sets a standard contract which the clubs sign with the individual football players. Those standard contracts which leads sometimes to unfair contract terms. How can the EFA be the same body to set the standard contracts and the same body that conducts the dispute settlement regarding the contract itself?
The FIFA sets minimum requirements in the Circular No. 1171 for the terms of a professional football player which cover the most important and essential rights and duties of both contractual parties (professional players and clubs). Those minimum requirements set by the FIFA are important for the relationship of professional football players.
Moreover, most of the standard contracts concluded between the football players and clubs in Egypt do not implement their insurance obligation which is provided in the standard contract as well as the Player Status Regulation by the EFA.
Second: Football players in Egypt should be registered as a member in the Sports Association as per Article 45 of Law No. 3 for the year 1987. The contract concluded between the club and football player in Egypt should be ratified by the Sports Association and a 5% of the contractual payment should be remitted to the Sports Association (Law No. 63 for the year 2010). Unfortunately, many clubs in Egypt evade to remit the mentioned percentage to the Sports Association. In addition to the standard contracts concluded between the football players and clubs which are not ratified by the Sports Association. There is a current case before the Egyptian Courts filed by the Sports Association against one of the famous clubs in Egypt regarding this matter.
Third: In the standard contracts concluded between the clubs and football players, the club is the responsible party to remit the taxes to the Egyptian Tax Authority. However, some clubs still apply the additional 5% temporary annual tax on players which has been amended by Law No. 96 of 2015 and does not apply since August 2015.
Nevertheless, there should be a legislation in relation to the taxes of football players in Egypt. The proposed legislation should regulate different tax tranches on the income of football players in Egypt as some football players are paid by the clubs EGP 400,000 per year while other football players are paid EGP 2,000,000 per year.
The Article is available in Arabic on the below link:
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