Areas of Practice
Due to the nature of the legal profession in Egypt, and building on its relatively large size, the Firm combines a generalist approach to the practice of law with particular specialization in certain fields. The Firm's areas of expertise are set out below in alphabetical order:
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Anti-dumping & Trade Disputes
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Arbitration
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Aviation
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Banking and Financial Institutions
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Capital Markets, Mergers and Acquisitions
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Construction, B.O.T. & PPP Projects
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Corporate, Commercial, Agency and Distribution
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Intellectual Property
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Labor & Employment
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Litigation
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Manufacturing
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Oil and Gas
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Privatization
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Tax
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Telecommunications and Information Technology
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Tourism and Services
Anti-Dumping & Trade Disputes
As part of its extensive experience in advising its clients on the legal aspects of trade and investment, the Firm has established a specialized team handling anti-dumping, subsidies, safeguards and other procedures and disputes governed by the Anti-dumping Law 161 of 1998. Our team is experienced in handling anti-dumping procedures and disputes on behalf of foreign suppliers and local producers as well as negotiating settlements with the competent governmental entities related to measures imposed or to be imposed with respect to the relevant products. Our team is also experienced in handling challenges against any decisions by administrative authorities before the Administrative Courts. In addition, our scope of work in this field extends to include international trade disputes under WTO Conventions.
Arbitration
Shalakany Law Office prides itself on being one of the first law firms in Egypt to develop specialized expertise in commercial arbitration. Since the early 1970s, the Firm has been involved in many of the major arbitration cases in Egypt, which include the Pyramids Plateau arbitrations, the Cairo Metro arbitrations, the Ahmad Hamdy Suez Canal Tunnel arbitration and the Isna Barrage arbitration. On average, the Firm handles about 6-8 new arbitration cases annually. For this purpose, the Firm has established a specialized Arbitration Group comprising a team of partners and senior associates. Apart from arbitration procedures and advocacy and other skills required, members of the Arbitration Group, following the introduction of the Egyptian Arbitration Law No. 27 of 1994, have also, through the Group's specialized arbitration practice, become leading experts in negotiation of settlement agreements and enforcement procedures through attachments, injunctions, and other court procedures related to arbitration.
Aviation
For over twenty five years the Firm has developed considerable expertise in this area as well as a good working relationship with the Egyptian civil aviation authorities and other relevant governmental agencies.
The Firm represents clients, both domestic and international, in reviewing and drafting various aviation contracts and aircraft financing. In this connection, the Firm was the first to mortgage aircraft in Egypt in the early 1980’s and set the standard practice prevailing today.
Aviation contracts may be related to the sale, purchase, lease, financing or mortgage of aircraft, etc., for aviation companies and aircraft manufacturers abroad, as well as to the notarization and legalization of documents with the Egyptian Civil Aviation Authority (formerly the Egyptian General Authority for Civil Aviation, “EGACA”). Our legal services extend to any kind of settlement of claims related to accident, insurance claims, or handling any differences or disputes, through litigation or out of court settlement agreements.
Banking and Financial Institutions
The Firm acts on behalf of major financial institutions and banks, representing both debtors and creditors in matters involving international and local credit transactions, project finance, foreign currency transactions, financial restructuring operations, loan syndications, letters of credit, letters of guarantee, mortgages, pledges and other types of security. The Firm has been instrumental in developing the legal and regulatory banking environment through actively participating in development of the Banking Law passed in 2003 and amended in 2004 and 2005, as well as all related laws and regulations.
The Firm has represented lenders and borrowers in major financial transactions which took place in Egypt during the last 25 years and set precedents and standard practice in this field. For example, the Firm acted for the Borrower in the project finance for the first BOOT Power Plant in Egypt (Sidi Krir), the first GSM mobile for licensee (MobiNil) and the first leverage buy out (Helwan Cement). The firm has long experience and impact on developing standard practices starting by acting for the lenders in the first locally syndicated loans in the late 1970’s led by CIB, passing by the aircraft financing of the first privately guaranteed purchase of Egypt Air fleet in 1989 and ending recently by acting on behalf of the lenders in the acquisition finance to OTH for over US$2 billion and to Citadel Capital of EFC for around US$700 million, to mention a few examples.
Capital Markets, Mergers & Acquisitions
The Firm prides itself at being a leader in this field. During the last 25 years, the Firm has handled almost all the major mergers and acquisitions executed in Egypt, on behalf of buyers and sellers and in certain cases, as transaction counsel. These include the US$300 million Heineken acquisition of Al Ahram Beverages Company (ABC), the US$700 million acquisition of Suez Cement by Ciment Français, the US$420 million acquisition of MIBank by Société Générale, the sale of Egyptian Fertilizers Company for US$740 million to Citadel Capital Consortium, the Arab African International Bank acquisition of Misr American International Bank and the merger of American Express Bank Egypt into the Egyptian American Bank (EAB), the sale of EAB to Credit Agricole and its merger into Credit Agricole Egypt for approximately US$591 million, the sale by Bassili of Amoun Pharmaceuticals for about US$500 million and the sale of Egyptian Fertilizers for US$1.4 billion to Abraag Capital. The Firm has also developed expertise in the field of securities offerings, including GDR's, ADR's, bonds and global share investment programs. The Firm has handled the first eight GDR issues offered by Egyptian entities on the international markets, the first leveraged buyout, the first securitization by Egypt Arab Land Bank, and the vast majority of the mergers and acquisitions and bond issues implemented in Egypt and is recognized for being the leading law firm in investment banking and capital market transactions in Egypt. The Firm also advises the Capital Market Authority on the development of the Capital Market and new Capital Market law and relevant regulations.
Construction, B.O.T. & PPP Projects
Over the past 30 years many of the Firm's major clients have been leading Egyptian and international companies involved in the construction industry. These include, to name a few, The Arab Contractors, Bechtel, SGE, Skanska, Tarmac, SNC Lavalin, Tecnicas Reunidas S.A., GTM, ABB Susa and Samcrete (Samy Saad). This has allowed the Firm to develop considerable experience in the field of construction law and construction related litigation and arbitration. In fact, with the consent of FIDIC, the Firm produced the authorized Arabic translation of the FIDIC Red Book (Contract for Civil Works – 4th edition) and the White Book (Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer – 1st edition 1999). By request from the Egyptian Construction Business Chamber, the Firm also prepared a model contract drafted in Arabic to be used for civil works in medium sized projects.
The Firm has also acted as Egyptian counsel for consortia of local and international companies awarded the first major infrastructure B.O.T. projects in Egypt. These include the InterGen Sidi Krir Power Plant project and the two EDF Power Plants wherein the Firm acted as legal advisors to the Project Company through the tender and financial closing phase, the construction and commissioning phases. The Firm also represented the Project Company in the first major B.O.T. project in the water sector. The Firm acted as the legal advisors for the Government of Egypt in several Public Private Partnerships (“PPP”) projects and drafted the related Tender Documents and Contracts for the “Design , Build and Operation” of the West Delta Irrigation System on behalf of the Egyptian Ministry for Water Resources and Irrigation. The Firm was also selected as the legal counsel to the Egyptian Ministry of Finance in the preparation of the Tender documents and the drafting of Agreements for the “Design, Build, Lease and Operate” of Educational Institutions and Schools in Egypt on behalf of the Egyptian Ministry of Education . The Egypt Air Inflight Services Partnership Contracts are also being handled by the Firm. The Firm has participated as the main negotiator and drafter of the Northern and Western Regions of Cairo Governorate General Cleaning Service Contract and the Solid Waste Treatment Contract for Dakhalia Governorate on behalf of A.M.A. International S.P.A (Municipality of Rome) for the removal and treatment of solid wastes. Members of the Firm involved in these projects have accordingly become leading experts in these types of complex contracts, and are frequently invited by governmental and other organizations to lecture on the subject.
Corporate, Commercial, Agency and Distribution
A pioneer in the field of corporate and commercial practice in Egypt, the Firm presents its clients with a wide range of legal services, ranging from participating in and advising on pre-contract negotiations, drafting and reviewing joint venture agreements and agreements for commercial agency distribution and franchises, advising on documents for establishing companies, branches, subsidiaries or international corporate structures, to giving corporate advice on day to day matters, attending Board and Shareholders meetings and obtaining and registering official authorizations and licenses
Intellectual Property
Intellectual Property (IP) is a crucial business asset in most business sectors, particularly in the fields of industrial technology, media, entertainment, retail, communications and technology. The Firm has developed considerable expertise in the field of intellectual property as well as a good working relationship with government agencies and legislative and judicial authorities in charge of protection and enforcement of intellectual property rights.
The Firm has the experience and expertise to provide its clients with a full range of intellectual property services in the areas of: patent and industrial designs, copyright and software protection, litigating infringement and unfair competition cases, trademarks, technology transfer, franchising, drafting licensing agreements and filing and registering intellectual property rights.
Labor and Employment Law
The Firm's Labor Law team has extensive experience in the field of labor-management relations and is dedicated to helping its clients become more proactive in all related matters to prevent legal issues before they arise. The Firm advises its clients on contracts of employment in addition to handling the negotiation, drafting and termination of employment contracts, policies, employee benefit plans and compensation.
The Firm represents clients in conciliation and arbitration proceedings before state bodies, handles applications for reorganization or reduction of employees, and implementation of any occupational health and safety requirement issues and all related matters.
Litigation
The last few years have seen a substantial expansion in the Firm's Litigation Department, which handles an average of 800 cases a year before all levels of Egyptian courts. The Litigation Department is proud to have some of the leading professors and retired Egyptian judges as counsel to a dynamic team of litigation partners and associates. Members of the Litigation Department meet daily to review the court attendance agenda and hold meetings each week by specialized groups to brainstorm, discuss and deliberate on complex legal and procedural issues that arise in the cases handled by the Firm.
The Firm prides itself on being able to provide effective and timely assistance to its clients before all levels of courts.
Manufacturing
The Firm represents some of the leading manufacturing companies in Egypt in various fields including, automotive, light and heavy industries, and has developed expertise in negotiating and drafting major industrial contracts, such as licensing, franchise, technical assistance and know-how, industrialization agreements, supply and erection agreements.
The Firm has for many years assisted and continues to work with major multinational and Egyptian clients in making success stories in the area of manufacturing and assembly. These include General Motors Corporation, Mercedes Benz, Daimler Chrysler AG, Kraft, ABC, Oriental Weavers , Suez Cement Group, Unilever, Egyptian German Automotive, Suzuki Egypt, Seoudi Group and many others.
The Firm has also been the legal advisor of the Federation of Egyptian Industries for many years, assisting it in drafting and reviewing draft laws affecting the business environment in Egypt.
Oil and Gas
Shalakany Law Office has developed considerable expertise in the field of oil and gas. In this connection the Firm has been involved in the drafting of major petroleum contracts such as Concession Agreements for Petroleum Exploration and Exploitation, Gas Sales Agreements, Gas Processing Agreements and Licenses for Gas Transmission Pipeline Systems. The Firm has contributed in the negotiations and the drafting of Amicable Settlement Agreements related to Gas Pipeline Trenching and Rectification Contracts.
Our Firm’s legal expertise in this field includes various legal services provided to a wide range of oil and gas exploration and service companies, whether domestic or foreign.
These legal services encompass drafting, reviewing as well as negotiating different agreements related to oil and gas exploration and exploitation activities. These agreements include joint operating agreements, whether between foreign contracts and EGPC or EGAS (depending on whether the exploration process is oil or gas, respectively) which govern the relation between the operating and the non-operating contractors, their rights and obligations, especially during the implementation of an exclusive right for exploration or exploitation activities, in addition to the drafting of deeds of assignment and holding requested negotiations between assignor and the assignee (wherever required) as well as checking on the approval of the Egyptian Minister of Petroleum required to enforce such deeds.
Our firm also provides legal assistance to new bidders wishing to enter into the oil and Gas Exploitation market, by assisting these bidders in submitting the bidding documents to the relevant authority (EGPC or EGAS) in addition to the submission of any legal opinions required by our clients in relation to any applicable Egyptian laws that govern the bidding process as well as the Oil and Gas exploitation and exploration activities. Furthermore, our Oil and Gas Department also provides legal assistance in relation to commercial and civil matters, for example at the time of drafting contracts between contractors and subcontractors, where the rights for obligations of both is set out under a subcontractor’s agreement.
Privatization
The Firm has handled a significant number of major privatization projects and company sale and acquisitions, including banks, manufacturing and tourism companies on behalf of purchasers and sellers to which end it has participated in the evaluation, the due diligence process and the negotiations of contracts. In certain cases where private or public offerings were required locally or internationally, the Firm participated in the offering process as well. The Firm has long experience in privatization starting by handling the first privatization of the Coca Cola and Pepsi Cola companies on behalf of the owning holding company, passing by the sale of the public sector shares in Suez Cement Company and Helwan Cement, the BOOT power project for Sidi Krir Units 3 & 4 and has handled several other BOOT and privatization projects in other sectors, such as water, telecommunications, ports, airports and roads.
In handling these pioneer projects, the Firm has played a key role in solving major legal problems through solid yet creative solutions, by proposing new regulations and restructuring, and by adopting new legal concepts and innovative interpretations of the Law.
Tax
Over the years, the Firm has acquired a great deal of practical experience in the area of taxation, helping clients to benefit from legally available tax planning opportunities to minimize their tax exposure under the applicable law and double taxation agreements. The Firm's tax team also handles disputes with the Tax Department, including tax litigation.
Telecommunications and Information Technology
The Firm has contributed to the project of redrafting the Telecommunications Law which was issued in 2003, in addition to reviewing the laws and regulations that govern the telecommunications sector in Egypt along with the Ministry of Communications and Information Technology in Egypt.
The Firm has worked to meet the challenges arising from the Internet and telecommunications revolution and represents some of the major pioneers in telecommunications and Information Technology (IT), including the Egyptian Company for Mobile Services “Mobinil”, IBM Egypt, France Telecom, Nile OnLine and others. In order to assist its clients to maximize their opportunities and at the same time minimize their risks from IT, the Firm is ready to deal with any legal matters related to electronic commerce in Egypt and the region. As the IT hub of the Middle East region, Egypt has pledged to remove paper-based obstacles to electronic transactions and the government has passed new laws and regulations governing e-signature and e-commerce. Thus the business of e-commerce should be greatly boosted in the near future and the Firm, as experts in commercial law, is ready for the challenges this new field presents within the greater scheme of commercial law. Economic e-commerce volume is estimated to reach US$500 million in Egypt. Government officials hope Egypt will expand its market share and is encouraging the move from traditional commercial channels to one coping with global needs.
Tourism and Services
In recognition of the importance of tourism to the Egyptian economy and as a major area of investment, the Firm created a special team dedicated to tourism-related issues. The tourism team negotiates and drafts management, concession, joint venture, licensing and franchise agreements for hotels and tourist establishments, as well as specialized contracts related to hotel activities and entertainment. The tourism team participated in negotiating and drafting most of the hotel management agreements concluded in Egypt on behalf of owners and management companies, such as the Mena House Oberoi, the Cairo Marriott, and more recently, the Hurghada Marriott, the Taba Heights Sheraton and Marriott, the Sharm El Sheikh Ritz Carlton and the Hilton and Sheraton Dreamland at 6th of October City , the Grand Hyatt and Park Hyatt, the Fairmont Nile City and El Gezirah Sofitel Hotel. The Firm also drafted the contractual documentation for establishments such as the Hard Rock Café. In addition, the tourism team has expertise in the resolution of any dispute that may arise in connection with tourism-related agreements, providing advice in the pre-litigation phase and handling any arbitral proceedings that may ensue. The services rendered by the tourism team extend to other areas as well, such as commercial agency and distributorship agreements.