Personality of the Month- May 2021

Personality of the Month- May 2021

Personality of the Month- May 2021

Name of arbitrator:

Dr. Nagla Nassar

Education, awards, and selected publications:

Education:

  • The Hague Academy of International Law, The Netherlands– Diploma in Private International Law, 1996
  • University of Geneva, Switzerland- Graduate Institute of Advanced International Studies, Ph.D 1993; Dissertation on The Development of Rights and Obligations in Long-Term International Commercial Transactions
  • Columbia University Law School, New York -Galiatin Fellow, 1991 -1992
  • Trinity College, Dublin, Ireland -M. Litt. in Law, 1989 Thesis on Manufacturer’s Liability
  • Harvard Law School, Cambridge, Massachusetts -LL.M., 1985
  • Cairo University, Faculty of Law- Diploma in Public Law, 1982; Diploma in Private Law, 1981; Bachelor of Law, 1980

Publications:

In English:

  • “Attitude of Egyptian Courts Towards Arbitration” in Rethinking the Role of African National Courts in Arbitration (2018, Kluwer Law International, The Netherlands), 153.
  • “Alternatives to Cash in International Law and Practice” in The International Legal System in Quest of Equity and Universalty (2001, Kluwer Law International, The Netherlands), 267.
  • Project finance, Public Utilities and Public Concerns: A Practitioner’s Perspective” 23 Ford. Int’l L. Rev. S61.
  • Equality and Transparency, Conformity to WTO Procurement Code: A comparative study (prepared to the Egyptian / US Presidential Commission 2000).
  • “Legal plurality: Reflection on the Status of Woman in Egypt” in Legal pluralism in the Arab World, (1999, Kluwer Law International, The Netherlands)
  • “Internationalization of State Contracts: ICSID, the Last Citadel” (1997) 14 J. Int’l Arb. 185.
  • Sanctity of Contracts Revisited: A study in the Theory and Practice of Long-Term International Commercial Transactions; Forward by Lord Wilberforce, (1995, Martinus Nijhoff, The Netherlands)
  • “The New Egyptian Arbitration Law” World Arbitration Reporter, 1995.
  • “Mutuality of Promises in Long Term International Business Transactions” (1994) 50 Rev. Egy. D. Int’l
  • “Tenant’s Defenses in Massachusetts,” Harvard Computer-Aided Legal Instruct Project 1985.
  • “Doing Business in Egypt” in Legal Aspects of Doing Business in the Middle East, Vol. V,
  • International Business Series, ed. D. Campbell, (1984, Kluwer Law International, The Netherlands)

In Arabic:

  • “Assessing Bedouins and University Graduates” and “The Unlimited Boundaries of Giving”, UNV News, February 1991.
  • Letters of Guarantees, Al Ahram Publishers, 1997, Cairo, Egypt.

Countries qualified to practice:

Arbitrator

Language(s):

  • English
  • Arabic
  • French

Name of institution:

NassarLaw

Area(s) of specialisation:

Real estate, oil & gas, industrial, infrastructure, construction, tourism, management, M&As and corporate, technology transfer, telecommunications, logistics, agency, distribution, sales of goods, insurance, finance and banking.

Institutional affiliation(s):

  • Council Member ICC Institute of World Business Law;
  • LCIA member;
  • Chartered Institute of Arbitrators, London Fellow;
  • Cairo Regional Centre for International Commercial Arbitration Registered Arbitrator;
  • American Arbitration Association International Panel Member;
  • American Society of International Law;
  • International Law Association, former CoRaportour Committee on International Arbitration;
  • Egyptian Society of International Law;
  • Member of the Independent Expert Panel of Judges for the AFAA Awards; and
  • Member of Africa Construction Law (ACL) Advisory Board.

Please provide a brief background of yourself and your experience working on disputes in Africa?

Dr. Nagla Nassar is Senior Partner at NassarLaw which was established in 1885. Before joining NassarLaw she was Senior partner at a leading Egyptian Law firm which she joined upon her return from the World Bank where she was with the ICSID Secretariat. She graduated from Cairo University and Trinity College where she got her M. Litt and has an LL.M from Harvard University as well as a PhD from Geneva University and the Diploma of The Hague Academy in Private International Law. She has several publications relating to arbitral practice.

She has practiced in several jurisdictions and is a member of several bars and arbitration forums including being a fellow of the Chartered Institute of Arbitrators with many years of experience both as an arbitrator and counsel in institutional and ad hoc arbitration. She acted as counsel in many major disputes in different fields serving both multinationals and Egyptian entities.

Also, Dr. Nassar is appointed frequently as an arbitrator and has chaired many tribunals. Some of her notable cases include:

  • Counsel to an International Telecommunication company in a billion dollar dispute concerning interconnection charges.
  • Chairman of arbitral tribunal in a multi hundred million dollar dispute concerning a mega real estate project.
  • Arbitrator in a billion plus EGP dispute concerning an infrastructure project.
  • Chairman in a multimillion dollar dispute concerning an investment contract.

What do you consider as the biggest challenge facing practitioners working on disputes in Africa? How do you think this challenge can be tackled?

Appointment of partial and independent arbitrators, which could be achieved by widening the roaster of arbitrators.

What are your thoughts on the impact of the recent UKEgypt postBrexit trade agreement?

A step towards enhancing commercial exchange and trade with a positive impact on investment.

With more African states acceding to the New York Convention, what are your thoughts on the enforcement trends in Egypt? What is the current disposition of Egyptian courts to enforcement of foreign arbitral awards and virtual arbitral hearings?

The current disposition of Egyptian courts to enforcement of foreign arbitral awards and virtual arbitral hearings is an increasing tendency to recognition and enforcement and noninterference with arbitral decisions.

What advice do you have for young practitioners who are interested in developing a career in arbitration?

My advice to young practitioners is perseverance and patience.

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