ARBITRATION

Shalakany prides itself on being one of the first law firms in Egypt to develop specialized expertise in commercial arbitration by establishing a specialized Arbitration Group comprising a team of partners and senior associates. Since the early 1970s, the Firm has been involved in many of the major arbitration cases in Egypt. Early cases included the Pyramids Plateau arbitrations, the Cairo Metro arbitrations, the Ahmad Hamdy Suez Canal Tunnel arbitration and the Isna Barrage arbitration.


On average, the Firm now handles about 10-15 new arbitration cases annually. The firm is proud of winning and/or achieving major positive results for their clients in the majority of arbitrations they have handled. 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 the negotiation of settlement agreements and enforcement procedures through attachments, injunctions, and other court procedures related to arbitration.


The Firm has and is handling arbitration cases under various arbitration rules such as ICSID arbitrations, ICC arbitrations, CRCICA (Cairo Regional Center for International Commercial Arbitration) cases, DIFC-LCIA Arbitrations, LCIA Arbitrations and ad hoc cases under UNCITRAL Rules as well as others. Currently, on the arbitration front Shalakany is known to deal with high level complex cases in the MENA region including but not limited to construction disputes, investor-state disputes, treaty disputes, maritime disputes, high end commercial leasing disputes, and oil and gas disputes. The jurisdictions Shalakany acts and has acted in includes the United Arab Emirates, Sudan, Libya, Iraq, Oman, Kuwait, Jordan and Egypt.


Shalakany often handles large monetary claims with a portfolio of cases in the billions of dollars. However, many of Shalakany’s cases are also complex cases without a monetary quantification including investor-state disputes, option exercising, and shareholder disputes.

DEALS AND CASES

Some of our most notable cases where we acted as counsel include the following (by sector):


Investor -State Disputes, Treaty Cases:

• H&H Enterprises Investments, Inc. against the State of Egypt (2009) in an Investor State- Dispute under the Washington Convention (ICSID Case) based on the U.S.-Egypt Bilateral
  Investment Treaty concerning a promise to sell land in Ain El Sokhna, Egypt.
• National Gas S.A.E. against the State of Egypt (2010) which was an Investor-State Dispute under the Washington Convention (ICSID Case) based on the Emirates-Egypt Bilateral Investment Treaty concerning a gas distribution network in Egypt.
• Khaled El Shalakany wrote two expert reports and appeared as a crucial expert witness for the defendant in a 2008 case at ICSID (ATA Construction, Industrial and Trading Company vs. the Hashemite Kingdom of Jordan, where Jordan won the case.
• Shalakany is currently acting as co-counsel at the Peace Palace for our Canadian client
  against the Government of Egypt in a major investment arbitration concerning expropriation of
  fertilizer production rights and investment rights valued at 2 billion USD. This is one of the
  largest-valued and most complex disputes in Egypt.
• Shalakany is currently acting in an investor state dispute over properties in Egypt for a Dutch citizen.

Construction:

• Our most noteworthy arbitration case in the construction sector involved a consortium consisting of an international construction company and a consumer electronics company in a construction dispute against a media production studio. This case, which was one of the largest and most complicated construction disputes involving numerous delays, quantum and technical issues and utilizing various experts appointed by both parties as well as by the Tribunal, was won after 10 years at the CRCICA and is one of the most complicated
  arbitrations to have taken place in Egypt.
• A leading Egyptian Construction and Real Estate Developer in a construction dispute with a power station, which was settled amicably.
• A construction dispute claiming more than 20 Million USD between a German medical
  contractor and one of the largest state-owned construction companies in Egypt over the
  construction of a hospital in Iraq which we won for our client.
• A case of a consortium of construction contractors in a construction dispute against a hotel owner, which was settled amicably.
• A case where an Egyptian Hotel Owner won against an International Hotel Management Company in a contractual dispute concerning a hotel construction where claims totaled 120 Million USD.

Cement/Concrete:

• Shalakany represented an export company against a cement production company which was settled amicably.
• Shalakany acted in a case won in our client’s favor between a Concrete Manufacturer and a major Real Estate Developer with claims totaling close to 75 Million USD.

Real Estate:

• Shalakany acted in a major multi-billion Egyptian pound contractual dispute between a real estate developer and a government owned company over the sale of 4 million sq. m of land for the construction of the largest real-estate project in Egypt and the MENA region.
• Shalakany acted in a contractual dispute over a JV’s running of a property website. This was a major dispute concerning the budding start-up e-commerce industry in Egypt and the MENA region valued at 16 million USD.

Telecommunications:

• Shalakany acted in a dispute involving 2 telecommunications companies over network rights that was settled amicably.
• Shalakany acted in a CRCICA arbitration between two telecommunication companies that we won in favor of our client Oil & Gas
• Shalakany acted in a foreign oil and energy company in a dispute against an Egyptian petroleum company which was awarded in favor of our client.
• Shalakany acted in a case between international Egyptian and BVI companies operating an oil well in Egypt, under Egyptian and French laws with the seat of arbitration in Sweden, over an Oil & Gas Concession Agreement Dispute with claims close to 90 million USD. This case was settled amicably due to our efforts.
• Shalakany acted in a highly technical and complex arbitration arising during the construction of an oil pipeline by an Italian-Malaysian Joint Venture for a large Petroleum Operating Company in Sudan and its shareholders, including major Chinese and Malaysian oil companies. The arbitration was governed by Sudanese law with the seat of arbitration in
  London, UK, and claims and counterclaims worth over 1.75 billion USD.
• Shalakany acted in a successful case based on a Joint Venture contract between a Cayman Island and a Swiss petroleum processing company at an Egyptian crude oil processing refinery where we acted as co-counsel with an American law firm from New York. The claims in the arbitration were over USD 100 Million.
• Shalakany is acting in a contractual dispute at CRCICA between two petroleum service
  companies over an oil rig and other equipment that was destroyed by a blow-out valued at
  over 5.5 Million USD

Fertilizers:

• Shalakany is currently acting in a contractual ICC dispute concerning the sale of fertilizer products by a Canadian firm in Egypt valued at USD 140 Million.

Maritime:

• Shalakany acted in a maritime dispute concerning an oil rig service ship charter party where claims of 10 Million USD were dismissed against our client and all arbitration costs were awarded in our favor.
• Shalakany acted in a dispute between two fertilizer trading companies involving shipping issues and demurrages between buyers and sellers.
• Shalakany acted in a case between an Italian and Egyptian Joint Venture against an Egyptian Company in a maritime dispute concerning a moveable rig which was settled in our client’s favor at more than 3 Million USD.

Tourism:

• An arbitration between a foreign hotel chain owner and a tourism and diving company where we managed to nullify the award in favor of our client.
• A case between a hotel owner and an international hotel manager and operator involving the Group Services and Benefits clause of the contract, which was settled amicably.
• A contractual dispute that arose from a hotel management and operation contract, which was a major dispute in the tourism sector.
• A contractual dispute arising from a Loan Agreement and a hotel management and operation contract, which was another major dispute in the tourism sector.
• Shalakany is currently acting in a CRCICA arbitration between a foreign international hotel management company and a public Egyptian hotel management company concerning the refurbishment through the operation and management contract of a historical downtown Cairo hotel claiming more than 40 Million USD.

Freight Transport:

• Shalakany acted in a dispute between a freight transporter and a petroleum company regarding the delivery of machinery valued at more than USD 2 Million and damaged during delivery due to negligence, which was awarded in our client’s favor.

Industrial Auditing:

• Shalakany acted in a case between Egyptian and German industrial auditing companies with claims higher than USD 5 Million.

Grain Shipments:

• Shalakany acted for an American grain exporter against an Egyptian importer in a GAFTA arbitration which was decided in favor of our client.
• Shalakany is acting in a dispute at the CRCICA between a British and an Egyptian
  Importer/Exporter over unpaid grain shipments.

Agency:

• Shalakany defended a technology agency dispute and the case was dismissed in an award by the ICC due to our successful jurisdictional arguments in a case concerning medical equipment.

Commercial Leasing:

• Shalakany acted in a five-year arbitration held in Dubai over a high-end commercial lease dispute between an owner of one of the largest malls in the world against one of the largest department store owners in the world concerning commercial lease terms and fashion estimated at more than 50 Million USD. This was a unique case that required in-depth
  knowledge of the fashion industry.

Environmental Upgrade:

• Shalakany acted in an arbitration between a leading German engineering company and an Egyptian power station over an environmental upgrade contract that was a highly complex and technical dispute where the Tribunal appointed an expert and the arbitration with claims of almost 12.5 Million USD was eventually settled amicably.

Shareholder Disputes:

• Shalakany acted in a contractual dispute concerning the sale of the majority of shares in a leading Egyptian company. It dealt with ground-breaking issues in real-estate ownership in Sinai and was awarded USD 5.5 million plus interest in our client’s favor.
• Shalakany is currently acting in an ICC arbitration between a private-law Cayman Island incorporated company and a Saudi private-law company concerning the exercise of a put option agreement that was breached.
• Shalakany is currently acting in an ICC arbitration concerning a Shareholders dispute over the mismanagement of a pharmaceutical company.
  Tax
• Shalakany acted in a contractual tax related dispute arising from a hotel management and operation contract concerning unpaid taxes attaching to the Hotel’s account.

Food Industry:

• Shalakany is currently acting in a multiparty DIFC-LCIA Swiss Law arbitration between a Dubai company providing food packaging services to Egyptian food manufacturers in a dispute worth over 7 million USD.
• Shalakany is currently acting in a multiparty CRCICA arbitration over a debt rescheduling agreement concerning the sale of food packaging equipment.
• Shalakany is currently acting in a DIFC-LCIA Swiss Law arbitration between a Dubai company and an Egyptian food manufacturer worth over 1.5 million USD.

Chemical Industry:

• Shalakany is currently acting in an arbitration case at the CRCICA between two Egyptian private-law entities concerning the construction of a new chemical plant in Egypt. The Claim worth over 200 million EGP concerns the technical requirements of a chemical plant.