Sector panel
Availability of various forms of arbitration in Egypt Arbitration is a legal technique which allows for the resolution of disputes outside courts. In general, arbitration is related to investment - indeed when investment is rising, so is arbitration. As Ayman Abdallah, managing partner at AM Law Firm, pointed out, in Egypt arbitration is important and effective since the promulgation of Arbitration Law No. 27 of the year 1994. However, since then different types of arbitration have evolved in the country. Arbitration is often preferred to court litigation but also to other ADR methods like mediation. It is due to the fact arbitration is not only faster and discreet but it is biding too. Besides, a party can choose its arbitrators in case a dispute arises. Recently, a new kind of arbitration has appeared namely online arbitration. It means that companies do not need to go to an arbitration institution as they can submit the dispute to arbitrators online. “This new kind of arbitration
Ayman Abdallah Managing Partner AM Law Firm Mobile: +20100473700 a.abdallah@amlawfirm-egypt.com www.amlawfirm-egypt.com
shall be very useful nowadays as businesses all over the world use now the internet for work,” commented Mr Abdallah. Although arbitration has many advantages over litigation and other methods of ADR, it is also very expensive. Consequently it is suited, in most cases, for big companies rather than small ones. However, ad hoc arbitration is available for small companies or projects. In case of ad hoc arbitration companies agree on one arbitrator to settle their dispute.
Ad hoc arbitration is available for small companies or projects, where parties agree on one arbitrator to settle their dispute. The flexibility of arbitration makes it a commonly used technique for solving disputes. Therefore, Mr Abdallah expects that for companies arbitration will raise because the procedure is faster than going to court. He noted: “It seems that disputes handled under this method are more and more increasing, despite of the economic crisis. It is because various companies wish secret and quick resolution of disputes. Arbitration has risen especially since the recession.” According to Mr Abdallah, with regard to arbitration between two countries, in general, the biggest and more developed one wins the case because at the beginning, when the rules were written, they were favouring powerful countries. He said: “As we say in our country, ‘arbitration is like a car, it is fast but not safe’. Countries are going to limit arbitration, especially if the country is a party in a dispute. Actually some countries issued a resolution forbidding arbitration in the contract when the government is a party.”
IP advisers in the Netherlands Vondst Advocaten is a boutique law firm specialising in contentious IP work. The firm covers a full range of IP laws, ranging from patents to semiconductor rights and everything in between – including trademarks, designs and copyrights, etc. Tjeerd Overdijk, partner, noted: “We also represent overseas companies in conflict situations whether in legal proceedings or other contentious situations. Besides assisting our clients enforcing their IP rights and resisting enforcement actions, we have specific expertise as regards certain industries, including the IT, pharmaceutical and horticultural industries.” If a foreign business is contemplating the acquisition of assets or a business in the Netherlands which involves a transfer of IP rights, Vondst Advocaten can provide advice on the formalities that need to be complied with in order to accomplish a full and valid transfer of these rights (IP Due Diligence). Mr. Overdijk went on to explain that an important part in Vondst’s practice is its work for businesses specialised in breeding or exploiting plant material in the horticultural, fruit growing and seed industries. “Vondst advises businesses in these sectors about the possibilities available to protect the products they have developed and their breeding and horticultural methods, and about licensing and other types of exploitation agreements,” he said. Currently, Vondst Advocaten works for a wide range of clients, ranging from large automotive and pharmaceutical companies to small innovative healthcare and seed companies. Most recently, the firm has been involved in a number of high profile pharmaceutical and medical device cross-border patent litigations. As regards the industry in general, Mr. Overdijk noted: “Over the last 10 to 15 years there has been done a lot of harmonisation work to bring laws in line with EU standards. At the same time, our IP systems bear remnants of the old national or regional
laws which include some peculiarities that can be considered specific for our jurisdiction. For example, we have been used to grant a fairly broad protection to trademarks, and we still extend trademark protection against certain use of trademarks other than for distinguishing goods or services – if such use is damaging for the reputation of a trade mark, even if the mark is not well-known. “When it comes to copyright protection we have our own set of limitations and exceptions, which bear the marks of local culture with regard to what we in the Netherlands view as reasonable safeguards of the free flow of information. And obviously there are certain areas of IP law, such as the protection of trade names, which are not yet harmonised with laws throughout the UK – and which may set certain unexpected standards when operating a foreign business in the Netherlands. “This is why it will always be helpful to seek local IP advice when doing business in the Netherlands.”
Tjeerd Overdijk, Partner Vondst Advocaten +31 (0)20 504 20 00 mail@vondst-law.com www.vondst-law.com
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