Mohamed F. Sweify

Mohamed F. Sweify is a bilingual, dual-qualified attorney in common and civil law jurisdictions. For more than a decade, Mohamed has provided counsel and resolution for diverse, international cross-border disputes through litigation and arbitration. He has a robust domestic and transnational litigation practice, which includes representing clients in commercial litigation matters before arbitration panels and federal and state courts. Mohamed leverages his experience on matters spanning a broad spectrum of industries and practices, including commercial, financial, investment, telecommunication, intellectual property, securities disputes, partnership and shareholder disputes, Islamic law, consumer financial services, lenders-related litigation, contract claims and construction matters.

He has considerable experience handling international arbitration matters under the rules of major arbitral institutions, including the American Arbitration Association/International Centre for Dispute Resolution (AAA-ICDR), the International Chamber of Commerce (ICC), JAMS, the London Court of International Arbitration (LCIA), the Cairo Regional Center for International Commercial Arbitration (CRCICA), the Financial Industry Regulatory Authority (FINRA), and the UNCITRAL Arbitration Rules.

Mohamed serves as an arbitrator and mediator. He is also an adjunct professor at Fordham Law School.

Prior to joining Hinshaw, Mohamed interned at the New York Court of Appeals with the Honorable Judge Jenny Rivera. Before qualifying in New York, Mohamed worked at a top-tier international arbitration law firm in the Middle East. He then joined the Egyptian Prosecution Office, where he handled a wide variety of governmental investigations and financial crimes.

• Chartered Institute of International Arbitrators, Fellow Arbitrator, New York
• International Chamber of Commerce (“ICC”) Commission on Arbitration and ADR, Delegate of Egypt
• International Institute for Conflict Prevention & Resolution (CPR)
  • Y-ADR Steering Committee of the Young Leaders in Alternative Dispute Resolution, 2023 – 2026
• New York State Bar Association
  • International Dispute Resolution Committee, Chair, 2021 – Present
  • Dispute Resolution Section, Executive Member, 2021 – Present
  • Task Force on New York Law in International Matters, 2021 – 2022
• New York City Bar Association
  • Arbitration Committee, 2021 – Present
  • International Law Committee, 2021 – Present
  • Working Group Report on Private International Law Treaties, 2021 – Present
• Muslim Bar Association of New York

• Professional
  • Named to the "40 Under 40" list by Middle East Policy Council (MEPC), 2021
• Academic
  • Pepperdine University School of Law
    • CALI Award in "Ethics of International Arbitration"

Mohamed has handled numerous noteworthy arbitration cases. A selection of representative matters includes.

• Represented a global telecom operator in institutional arbitrations involving a breach of the terms of an interconnection agreement and equal treatment against one of the world’s largest mobile operators.
• Represented an international construction company in an institutional arbitration involving claims of delay in the performance of a large steel and energy manufacturing project.
• Represented a hotel management company in a Cairo-based institutional arbitration relating to a violation of an exclusive operation agreement.
• Advised a foreign investor in a potential International Centre for Settlement of Investment Disputes (ICSID) arbitration against a Middle Eastern country in connection with a possible claim of denial of justice for the host state terminating the investor’s right of "call option" shares.
• Represented a CEO and shareholders in a joint stock company in two institutional arbitrations involving claims of breach of shareholders agreements and fiduciary duties by the majority regional shareholders of the company.
• Represented a distributor in an institutional arbitration involving claims for a non-exclusive agency agreement and unlawful termination of a contractual agency relationship.
• Represented a consortium of companies in an institutional arbitration against Middle Eastern national banks, involving claims for breach of contract, refinance of debts, foreclosure of properties, and sale of shares.
• Represented investors and brokerage and investment firms in securities arbitrations involving securities fraud claims and claims of suitability of the investments.
• Represented global banks and financial institutions in AAA/ICDR and JAMS institutional arbitrations under the laws of New York, California, and federal laws, involving high-stakes and cutting-edge financial and commercial disputes.
• Served as sole arbitrator and party-appointed arbitrator in commercial disputes under the AAA/ICDR Rules, ICC Rules, and CRCICA Rules.

• Panelist, "Third-Party Arbitration Funding," Recent Developments in Arbitration Conference, Center on Civil Justice at NYU School of Law in partnership with the Center for Transnational Litigation, Arbitration, and Commercial Law at NYU School of Law and the Center for International Commercial & Investment Arbitration at Columbia Law School, New York, New York, and Virtual, November 12, 2022

• Co-Moderator, "Panel Discussion-Part II: Arbitration, Mediation and Mixed Modes: Ethical Considerations of Switching Hats," Dispute Resolution Section Fall Meeting 2022, New York State Bar Association, New York, New York, October 20, 2022
• Co-Moderator, "Arbitration, Mediation and Mixed Modes: Seeking Workable Solutions Med/Arb -Arb/Med- Theory and Practice Panel Discussion – Part I: The Processes," Dispute Resolution Section Fall Meeting 2022, New York State Bar Association, New York, New York, October 20, 2022
• "Counsels Ethics in International Arbitration," Arbitration Committee of the New York City Bar Association, September 2020

Mohamed has extensively published articles on international arbitration and litigation. Some of his recent publications include:

• "Third Party Funding in International Arbitration: A Critical Appraisal and Pragmatic Proposal," Edward Elgar Publishing, 2023
• "Third Party Arbitration Funding and Islamic Shari’a: Friends Not Foes," Journal of Dispute Resolution, Vol. 22(2), 2022
• "Third-Party Funding in the United States: A Systematic Judicial Analysis," Columbia American Review of International Arbitration, Vol. 32 (2), 2021
• "Domestic Courts' Impact on Arbitral Awards: Pragmatic Reflections on the New York Convention," Journal of Dispute Resolution, 2021
• "Arbitrator Disclosure: In Defense of The Second Circuit Approach," 44 Fordham International Law Journal, 529, 2020
• "Reflections on Diversity of ADR: Insights from the New York Arbitration Week," New York State Bar Association Dispute Resolution Blog, 2019
• "Denationalizing Counsel Ethics in International Arbitration," World Arbitration and Mediation Review (WAMR), Vol. 12(4), 2018