Chania

Judge Dr. Mohamed A. M. Ismail

LLB, LLM, PhD- (Cairo University) (FCI Arb-U K)

Judge at the Court of Appeal (Contracts Circuit)

Vice-President of the Egyptian "Conseil D'Etat"

Member of the "Comité Français D'Arbitrage"

State Prize Laureate, Academic Legal Research, 2011.


Work experience

Judge in the Egyptian Conseil D'Etat (State Council) – Court of Appeal (domestic and international contracts circuits)- Senior Legal Adviser for the Legislation and Legal Opinion Commission, Ministry of Justice, Kingdom of Bahrain

Judge (June 1993 – to date). Counselor since 15/7/2004 and Vice- president of the Conseil D'Etat (State Council) since the presidential decree on 15/6/2008.

Key responsibilities:

• Writing detailed, reasoned and enforceable judgments for the cases of the Administrative Court of Appeal (Contracts circuit). Forming new legal ideas in the settlement of disputes between the State and individuals concerning proper application of the rule of law in Egypt. The Conseil D'Etat (State Council) is one of the guarantees of democracy in Egypt; it protects individuals from illegal acts undertaken by the government, based on administrative decrees, contractual liability and tort.

• Most of the administrative law rules were created by the Egyptian Conseil D'Etat (State Council) since 1946 following the French Conseil D'Etat (State Council). Since The Administrative law is not codified, the Conseil D'Etat (State Council) judges played a significant role for a period of five decades to codify these rules in their judgments.

• Developing new interpretations of the Egyptian legislations in applying these rules to the facts of existing cases. The Conseil D'Etat (State Council) is not only applying and creating the Administrative Law rules, but is also applying constitutional rules, civil law rules, general principals of law,... etc.

• Sitting as a Judge in administrative courts (first instance courts) during the judicial year Oct. 2002/Oct. 2003.

• Member of the President of the Conseil D'Etat (State Council) office from Oct. 2000 Till Oct. 2002, helping in summarizing judicial precedents of the Egyptian Supreme Administrative Court, especially contract circuits, among other activities; in addition to directing the Judicial Institution.

• Senior Member of the Legal Opinion Department in the Egyptian Conseil D'Etat (State Council) advising ministries and governorates, drafting legal opinions and reviewing all kinds of State contracts with local and international private legal entities, especially infrastructure projects. Member of the General Assembly for Legal Opinion and Legislation ( Fatwa)

Senior Legal Advisor for H.E the Minister of Trade and Industry In Egypt (May 2006 - May 2008 )

• Senior Legal Advisor in the Ministry for all legal issues related to internal trade, trade chambers and the General Union of Trade Chambers.

• Drafting Legal opinions in various areas of law.

• Participated in solving some problems concerning international trade (strategic corps imports) which raise the issues of international trade law, international sale of goods (ICC Incoterms), letters of credit and arbitration.

Senior Legal Advisor at the Egyptian General Authority for Investment and Free Zones (GAFI) (Nov. 2004 – Oct 2006)

• Drafting legal opinions on various issues related to the proper application of the Companies Law No.159 of 1981 in Egypt and the Investment Law No.8 of 1997.

• Advising and drafting legal opinions concerning new amendments to the Investment Incentives and Guarantees Law as a legal advisor for GAFI in Egypt.

• Head of the Committee for the Assessment of In-kind Shares for the purpose of company mergers and other purposes as stipulated in the Joint Stock Companies Law No.159 of 1981 and its executive regulations.

• Represented the Egyptian government In the UN in Geneva (UNCTAD) in BITs conferences.

Member of the Judicial Committee of the Patent Offices, Scientific Research Academy, Ministry of Higher Education and Scientific Research

• Applying Intellectual Property Law No.82 of 2002 in the settlement of disputes between applicants and the office. (Appointed from 2003 till 15th of May 2006 by a ministerial decree issued by H.E the Minister of Scientific Research). Dealing with all issues related to copyright law.

Senior legal Advisor for H.E the Egyptian Minister of Petroleum (Oct 2000 - Oct. 2002)

Key responsibilities:

Senior Legal Advisor responsible for the LNG (Liquefied Natural Gas) Project in Idku, the leading project in the country and one of the biggest around the world.

• Managing and leading negotiations on behalf of the Egyptian government with British Gas and Edison companies for two years.

• Achieved significant results in creating new rules in international business transactions, especially in the LNG Export Project Agreement (LEPA) – with a total value of USD 2 billion. This agreement was made by and between the Egyptian General Petroleum Corporation (EGPC) and between British Gas (BG) and Edison.

• Negotiated, reviewed, and signed on behalf of the Egyptian government The Gas Sales Purchase Agreement (LNG Project). The agreement was made by and between EGPC, E gas, BG and Edison on one hand and GDF (Gas de France) on the other part .The total value of the agreement was USD 10 billion over a period of twenty years.

• Negotiated and reviewed, on behalf of the Egyptian government, the EPC contracts for the LNG plant in Idku (Egypt) with the contractor (Bechtel). The value of the first train was around one billion US Dollars.

• Selected and screened an international consultant for the project from the major British law firms (Shearman Sterling) (London - Summer 2001) This was made possible by visiting London and interviewing many British law firms such as Linklaters , Baker and Mackenzy (London), Freshfields, Clifford Chance, and others. Contacting law firms in London and Cairo on a daily basis. Drafting and negotiating contracts with Shearman Sterling and Baker and Mackenzy Cairo as a local consultant.

• Drafting and reviewing many contracts and transactions on behalf of the Egyptian Ministry of Petroleum.

• Drafting legal opinions in many areas for H.E the Egyptian Minister of Petroleum.

• Reasoning and drafting legal memorandums for H.E. the Minister for all parliamentary occasions.

• Drafting the speech of H.E to be delivered at the Parliament or the Shura Council.

• Participating in writing reports for Egyptian newspapers concerning the success achieved in the oil and gas sector.

• Reviewing concession agreements to be promulgated as legislations by the Egyptian Parliament pursuant to the Egyptian constitution.

District Attorney (D.A) - Central Cairo Office - Oct. 1991- June 1993

• Undertook responsibilities of prosecuting complex criminal cases in Central Cairo Office.
• Applied human rights and commercial concepts and principles through the implementation of the criminal law rules.
• Represented the Prosecution Authority objectively before criminal courts (first instance and Appeal Criminal Courts) and participated in deciding whether or not the evidence complies   with human rights principles.
• Exercised experience in the criminal commercial cases and helped to prove whether or not was necessary before criminal courts.

Training Lawyer - Oct. 1988 - Oct. 1991

Professor Abdel Waddod Yehia Law firm, Professor of Civil Law - Cairo University

Activities:

• Participated in preparing and drafting legal opinions for multinational companies in Egypt.

• Drafted legal pleadings for civil and commercial cases before courts. -

• Reviewed international business transactions and drafted commercial contracts. -

• Drafted legal pleadings in commercial arbitration disputes.

Professional Qualifications and Associations

• Fellow of The Chartered Institute of Arbitrators in London (MCI Arb) since 2011 (exam date) - (Membership number 19735).- Member since 2002. Passed 7 parts of assessment for fellowship at London- Please visit: www.Arbitrators.org

• Member of the Comité Français D'Arbitrage-2002.

• Member of the Egyptian Association of International Law.

• Registered arbitrator in the International Chamber of Commerce (ICC) in Paris and in London Court of International Arbitration, (LCIA)-(Process in Progress).