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The year 1932 marked the birth of one of Egypt’s very first law firms known as Maitre Charles Chalom back in the day; established by Charles Chalom who was head of the Bar Association of the Mixed Courts. In 1952, Hassan El Ibrachy, Hussein El Ibrachy, ...  Read More
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EPLTP on 15 March 2015


ISFIN partners with Ibrachy and Dermarkar in Egypt

ISFIN has teamed up with Ibrachy & Dermarkar as its exclusive partner in Egypt. Ibrachy & Dermarkar is one of the leading law firms across Egypt.  

ISFIN partners with Ibrachy & Dermarkar in Egypt.

Leading Egyptian law firm Ibrachy & Dermarkar takes stance in Islamic economy.
October 2014.
ISFIN has teamed up with Ibrachy & Dermarkar as its exclusive partner in Egypt. Ibrachy & Dermarkar is one of the leading law firms across Egypt. 
Prof. Laurent MARLIERE, CEO of ISFIN, says “Egypt is a rich country in many ways. The country is a remarkable retail market and the newly reached stability offers many investment opportunities. In terms of agriculture, it is the main producer of cotton, rice, wheat, corn, sugarcane, tobacco… Egypt’s mineral and energy resources include petroleum, natural gas, phosphates, gold and iron ore. In 2014, Egypt had a GDP worth $540 billion with a 2.2% annual growth from 2013. It is expected to rise to 3.2% in 2015. We are particularly happy to partner with ‘Ibrachy & Dermarkar’. Founded in 1932, the firm is the right intermediary to assist potential investors though their local and cross border transactions.”  
“Apart from all this, the information and communication sector of the country had shown immense improvements ever since 2006, especially after its separation from the transportation sector. In the case of mortgage markets in Egypt, even though it was dull throughout the years, the recent changes in mortgage laws are expected to bring a boom to the real estate industry. All these advancements and resources have brought Egypt at the forefront to attract substantial foreign direct investments. It ios good to have the right professionals on the ground to facilitate the flow of investments, especially from the Muslim world”, adds MARLIERE.
‘Ibrachy & Dermarkar’, Senior partner, Bahieldin ELIBRACHY says “Ibrachy & Dermarkar (I & D) was established in the last century, with a vision to be the leading law practicing and consultancy firm in Egypt. After considerable years of experience in the industry, we finally managed to translate our dreams into reality. Throughout the period of our growth, we always ensured that we kept our values intact by constantly adapting to the dynamic economic world and tailoring our services to our individual client needs.”
Bahieldin ELIBRACHY adds “We have been major players and in the constant vanguard of the international corporate scene led in Egypt. With every client dealt with as a partner, we are seen as an extension to their internal departments. Adding on to our credibility, we have always set a distance and made a fine distinction between our services and any ties with political clients despite their reputation. Thus, distancing ourselves from any forms of past, present or future risks that could come with such controversial partnerships. Also, it was an approach that has made us more trustworthy amongst our competitors. Furthermore, I&D has been accredited with the ISO 9001:2008 certification. Above all, our services include Arbitration, Aviation, Banking, Capital Market, Corporate, Government Relations, IP, Litigation, Real Estate, Taxation, Télécommunication, antitrust, competetion, & Trade, M&A, Employment & Social Services, Environment & Health, Commercial Transactions and Project Finance.”
“Our cooperation with ISFIN is going to open new opportunities for us to welcome Islamic investments in Egyptian and advice Egyptian clients about Islamic markets,” adds ELIBRACHY.
ISFIN is the world’s leading platform for professional firms specializing in Islamic Finance, investments from and to the Muslim world and the Halal industry. The alliance covers more than 70 jurisdictions around the world.
ISFIN’s membership is composed of the most innovative and highly regarded independent law firms, audit & accounting firms and real estate companies in their field.
Contact Information:
Laurent Marliere, CEO ISFIN
+(32) 475422149 LM@isfin.net www.isfin.net
Bahieldin Elibrachy, Senior Partner, Ibrachy & Dermarkar
+202-3760-4592 Bhi@ide.com.eg

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Team for Complex Litigation and Dispute Resolution Achieved Great Success in Privatization Case

I&D Team for Complex Litigation and Dispute Resolution Achieved Great Success in Privatization Case

01 Apr 2014

I&D team for Complex Litigation and Dispute Resolution led by Dr. Bahieldin Elibrachy and Dr. Fatma Salah and including Mostafa Mohamed, Sameh Abdel Samad, Hadi Basha, Lamiaa Abdel Razik and Heba El-Kady, scored a great success for a leading international producer of building materials at the trial level in the privatization case of one of its Egyptian subsidiaries.

The Egyptian subsidiary was established in 1993 and then privatized in 1999 for the leading international company. The 7th Circuit of the Administrative Court issued its decision upholding the privatization of the Egyptian subsidiary and denying the Claimants’ requests to annul the privatization deal and the associated share sale agreement and to return the company to the Egyptian government.

The decision is considered a leap forward for protecting the investment climate and reinforcing the confidence of the local and foreign investors. It came after a thread of systematic court judgements against privatization of state-owned business sector companies At least 12 judgements were issued by the administrative courts since 2011 reversing privatization deals signed by the administration of the former President Mubarak and ordering the return of the companies to the government. Three of these judgements were confirmed by the Supreme Administrative Court when appealed. The lawsuit against the privatization of the Egyptian subsidiary was initiated by activists and former employees alleged that company was sold off cheaply and the transaction was tainted with corruption during the Mubarak era in addition to violating the Egyptian law.

In their defence, I&D Dispute Resolution team highlighted the negative impact of such systematic judgements on the Egyptian economy. They expose the state to the risk of costly investment arbitration, eject much-needed foreign investment and add to an already difficult investment climate. Egypt is currently facing 11 pending arbitration cases before the ICSID, and they have been all filed after the 2011 Revolution. This is already a large number and it is expected to increase since a substantial number of investors, whose investment contracts were nullified, will seek remedies against the Egyptian government. It was explained to the court that corruption allegations by the state is subject to high standards of proof in investment arbitration. Mere allegations of corruption without introducing irrefutable proof are not enough to nullify a deal; they rather may be an indication of prejudice which is the very foundation of ICSID jurisdiction.

The Court held, inter alia, that privatization in itself is not an absolute harm that should be routinely resisted. It rather should be evaluated in a case by case basis in accordance with objective criteria. The court concluded that the sale of the Egyptian subsidiary was in full conformity of all applicable rules and procedures, in particular, Law no. 203/ 1991 regulating Public Business Sector. The court confirmed that the General Assembly of the holding company of the Egyptian subsidiary did not err in approving the price offered by Financier Lafarge. The judgement also stressed that the foreign investors honored all their obligations under the share sale agreements and met all conditions and restrictions set in the privatization decision, in particular, the expansion and development of the company and its productions lines.

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