Court Allows Suez Canal to Keep Holding ‘Ever Given’

Ship Ever Given, one of the world's largest container ships, is seen after it was fully floated in Suez Canal, Egypt March 29, 2021. (Reuters)
Ship Ever Given, one of the world's largest container ships, is seen after it was fully floated in Suez Canal, Egypt March 29, 2021. (Reuters)
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Court Allows Suez Canal to Keep Holding ‘Ever Given’

Ship Ever Given, one of the world's largest container ships, is seen after it was fully floated in Suez Canal, Egypt March 29, 2021. (Reuters)
Ship Ever Given, one of the world's largest container ships, is seen after it was fully floated in Suez Canal, Egypt March 29, 2021. (Reuters)

An Egyptian court on Sunday rejected an appeal by the Japanese owner of the Ever Given container ship against the vessel’s detention in the Suez Canal.

The Ever Given ran aground on March 23 in high winds and remained lodged across the canal for a week.

The complaint was attached to a case at the economic court in Ismailia in which the Suez Canal Authority (SCA) sought $916 million in compensation from Ever Given's owner Shoei Kisen.

The Ismailia court on Sunday referred the case back to a court of first instance, which is due to consider it on May 29, said Ahmed Abu Ali, one of the lawyers representing the owner.

Any ruling made by the lower court could trigger appeals, said another lawyer, Ahmed Abu Shanab, indicating that legal wrangling could drag on.

In a statement following Sunday’s ruling the SCA said it bore no responsibility for the Ever Given’s grounding, reasserting that responsibility lay with the ship’s captain alone.

In another context, the acquisition of the 51 percent stake, approved by the cabinet on Wednesday, will be finalized in the third quarter, CEO Karim Awad told Reuters.

“Our share in the bank will be financed through the liquidity available to the company on its own. We have lots of liquidity,” Awad told Reuters, adding that EFG Hermes began working to fulfill all government conditions and approvals as soon as the cabinet approved the deal.

The Sovereign Fund of Egypt will also buy new shares worth 1.25 billion pounds, increasing AIB’s capital to 5 billion pounds, while the current owner, state-owned National Bank of Egypt, will retain a 24 percent stake.

“We are not entering the banking sector to compete with the big banks operating in Egypt,” Awad said.

“Rather, we are seeking to find a portion of the market to focus on to provide services to help it grow.”

He added that the new owners would retain all of AIB’s current employees but would study a possible change in the bank’s name.



Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)
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Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)

Gen. Joseph Aoun currently leads the race for Lebanon's presidency, but some warn his election could be unconstitutional because he holds a “Class A” position, requiring his resignation two years before running.
However, his supporters point to the 2008 election of Gen. Michel Suleiman, who was also army commander at the time, as a precedent. They argue the reasons given for Suleiman’s election should apply to Aoun as well.
At the time, Speaker Nabih Berri argued that the support of over 86 lawmakers for Suleiman made his election constitutional, as any constitutional amendment requires 86 votes.
MP Gebran Bassil, leader of the Free Patriotic Movement, continues to argue that Aoun’s election is unconstitutional under the current process.
He recently stated that constitutional amendments require a president, a functioning parliament, and a fully empowered government. The process also needs two steps: a two-thirds majority in the first vote and a three-quarters majority in the second.
Bassil’s argument is based on Articles 76 and 77 of the constitution, which say amendments can only be proposed by the president or parliament, but only during a regular session — which ended in December.
Dr. Paul Morcos, head of the “JUSTICIA” legal foundation in Beirut, told Asharq Al-Awsat that in 2008, parliament used Article 74 of the constitution to bypass the amendment to Article 49.
He explained that Gen. Suleiman’s election was considered an exception to the rule requiring military officials to resign six months before running for president, due to the presidential vacancy after President Emile Lahoud’s term ended in 2007.
Morcos added that the same reasoning could apply to Gen. Aoun’s potential election as president.