Legal Guidance and Research / Experts / Nagla Nassar
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Dr Nagla Nassar

Nassar Law
Dr. Nagla Nassar is Senior Partner at NassarLaw which was established in 1885. 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.

Before joining NassarLaw in 2004 she practiced in several jurisdictions and is a member of several bars. She was with the ICSID Secretariat and is a member of different arbitration forums including being a fellow of the Chartered Institute of Arbitrators and is a Council Member of the ICC World Business Institute. She has many legal publications analyzing critical legal problems and is abreast of current issues. With many years of experience both as corporate counsel and arbitrator she has acted on behalf of many major multinationals and Egyptian entities. Also, Dr. Nassar is appointed frequently as an arbitrator and has chaired many tribunals.


PUBLICATIONS
In English:
“Putting the Abu Dhabi Oil Award’s Methodology to the Test of Time” in Arbitration’s Age
of Enlightenment? (2023, Kluwer Law International, The Netherlands), Chapter 8.
“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 Universality (2001, Kluwer Law International, The Netherlands), 267.
“Project finance, Public Utilities and Public Concerns: A Practitioner's Perspective” (2000)
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 1.
“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.

UNDER PUBLICATION
“Extending Arbitration Clauses in the Middle East”.
“Revisiting the Abu Dhabi Award- ICCA 2020”.

Practice Area

Panel

  • Contributing Author

Membership

  • Council Member - ICC Institute of World Business Law
  • American Arbitration Association – International Panel Member
  • American Society of International Law
  • Cairo Regional Centre for International Commercial Arbitration - Registered Arbitrator
  • Chartered Institute of Arbitrators, London - Fellow
  • Egyptian Society of International Law
  • International Law Association, former Co-Raportour Committee on International Arbitration
  • Member of the Independent Expert Panel of Judges for the AFAA Awards
  • Member of Africa Construction Law (ACL) Advisory Board
  • Recipient of the Africa’s 30 Arbitration Powerlist 2020 Award
  • Egyptian Bar, 1980
  • Cour de Cassation, 1998

Qualifications

  • Bachelor of Law (1980)
  • Diploma in Private Law (1981)
  • Diploma in Public Law (1982)
  • LL.M. (1985)
  • M. Litt. in Law (1989)
  • Galiatin Fellow (1991 - 1992)
  • Graduate Institute of Advanced International Studies, Ph.D (1993)
  • Diploma in Private International law (1996)

Education

  • CAIRO UNIVERSITY, FACULTY OF LAW (1980-1982)
  • HARVARD LAW SCHOOL, CAMBRIDGE, MASSACHUSETTS (1985)
  • TRINITY COLLEGE, DUBLIN, IRELAND (1989)
  • COLUMBIA UNIVERSITY LAW SCHOOL, NEW YORK (1991 - 1992)
  • UNIVERSITY OF GENEVA, SWITZERLAND (1993)
  • THE HAGUE ACADEMY OF INTERNATIONAL LAW, THE NETHERLANDS (1996)

2 Contributions by Nagla Nassar

Challenging Egyptian court jurisdiction where arbitration agreements exist: procedures, timing, no anti-suit injunctions, and recognition/enforcement of foreign judgments and orders
PRACTICE NOTES
Challenging Egyptian court jurisdiction where arbitration agreements exist: procedures, timing, no anti-suit injunctions, and recognition/enforcement of foreign judgments and orders
Overview of challenges to Egyptian court jurisdiction This Practice Note outlines the legal bases for contesting the jurisdiction of Egyptian courts. Jurisdiction is set by Articles 28–35 of the Law of Civil and Commercial Procedures (the 'LCCP'). These provisions determine when those courts may hear a dispute. The organising principle is territorial: the default forum is tied to the defendant’s domicile or residence, and courts apply the internationally recognised rule accordingly, save for in rem disputes involving interests in property. In rem jurisdiction: where the claim concerns a property, proceedings must be brought before the court whose geographical area covers the location of that property, as this is the court empowered to seize and hold it for legal purposes. Consequently, Egyptian courts have jurisdiction over any defendant, whether Egyptian or foreign, who resides in, or is domiciled in, Egypt. See Cour de Cassation, Challenge No. 145 for judicial year 62 (Decision 15 May 2000); and Cour de Cassation, Challenge No. 952 for judicial year 71 (Decision 12 January 2003). This rule applies equally to corporate or juridical persons that are established and domiciled in Egypt...
Arbitration
Egypt: recognition, enforcement and setting aside of international arbitral awards, procedures, notification, exequatur, public policy, refusal grounds and judicial practice under the Egyptian Arbitration Law and New York Convention
PRACTICE NOTES
Egypt: recognition, enforcement and setting aside of international arbitral awards, procedures, notification, exequatur, public policy, refusal grounds and judicial practice under the Egyptian Arbitration Law and New York Convention
Introduction This Practice Note outlines the legal framework for enforcing international arbitral awards in Egypt. That framework is found in the Egyptian Arbitration Law (the EAL), which draws on the UNCITRAL Model Law (the Model Law) and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the NY Convention), to which Egypt is a party. Egypt ratified the NY Convention on 9 March 1959, and it came into effect through parliamentary adoption and publication in the Official Gazette on 14 February 1959. The EAL governs enforcement of all international arbitral awards, whether issued within Egypt or abroad, provided they qualify as international awards. Under EAL Article 3, an international award is one made in an international arbitration; international arbitration is identified by several tests, so the initial step is to determine what constitutes an international arbitration. Definition of international v domestic awards Article 3 of the EAL sets out four criteria for assessing the international character of an arbitration and, by extension, of an award. An arbitration is treated as international if the parties to the...
Arbitration
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