Shayaan A.S. Essa

Selected Experience

• Structured Real Estate Murabaha to comply with US law and practice as well as with Sharia, resolving an apparent conflict between the two systems. (US Federal law, Sharia)
• Advised an Islamic banking division on possible Sharia structures for letter of credit facilities. (US Federal law, Sharia)
• Advised on a Sharia-compliant Wakala-based structure for savings account. (US Federal law, Sharia)
• Structured Wakala-based participation mechanism for CDFIs seeking to invest in existing Ijara financings entered into by an SPV of a bank. (US Federal law, Sharia)
• Responsible for external legal review of all financing facilities extended by Ajman Bank, an award-winning Islamic financial services institution in the UAE. (UAE law, Sharia)
• Advised international clients wishing to establish and operate Islamic banks and financial organizations within their jurisdictions including clients from Sri Lanka, Nigeria, and Tanzania. (Various legal systems)
• Advised NBP Fullerton AMC Ltd., a subsidiary of the National Bank of Pakistan on the Sharia compliance of its mutual funds. (Pakistan law, Sharia)
• Advised a bank on establishing a 100% subsidiary with Family Takaful license, including relevant legislation, licensing, paid up capital, restrictions on establishing a 100% owned subsidiary, and incorporation. (Pakistan law, Sharia)
• Disputes
• Advised major UAE energy corporation in a matter of claims made by a subsidiary of one of the world’s seven major oil and gas companies valuing approximately USD 1,000,000 for losses at a gas terminal. (UAE law)
• Advised a major shipping and maritime company listed on the Dubai Financial Market in matter of a non-exclusive agency agreement. (UAE law)
• Acted for an Emirati concern in a DIAC arbitration concerning the effect of choosing the United Nations Convention on Contracts for the International Sale of Goods (CISG), on its obligations under a purchase contract with an Iranian bitumen exporter. (International law)
• Acted for several major cement manufacturers before a tribunal of the Competition Commission of Pakistan in a cartelisation claim. (Pakistan law)
• Acted for a major corporate stakeholder in a matter relating to the suspension of a private party from the central depository system for sale of bogus shares to the public. (Pakistan law)
• Advised a listed company regarding legal action against it by a land owner claiming damages for harm inflicted upon a piece of land because of alleged trespasses and breaches of covenants. (English law).