Mohammad H. S. Bashayreh,
Attorney and Senior Legal Consultant
Dicta Consulting
Building 19, 1st Floor
Queen Rania St,
Amman 11180 Jordan
- LL.B. (Yarmouk), LL.M (Cambridge) D.Phil (Oxford)
- Committed to professionalism in legal practice.
- advised independently or as part of a legal team on, among other matters, construction contracts and disputes, government procurement, asset purchase agreements, corporate governance and regulatory compliance, due diligence studies, contract and legislative drafting.
- Author of "The Arbitration Mechanism of the Commercial Arbitration Centre of the Gulf Cooperation Council" (2015); a study commissioned by the Commercial Arbitration Centre of the Gulf Cooperation Council
- Coordinator of the Law Subject Area Group in the TEMPUS "Tuning Project" of Deusto University, Spain, aiming to develop a competence-based law programme
- Recipient of al-Hussein Royal Decoration for Distinguished Contribution – Second Order
- Winner of the 'Best Article' award 2007 in the field of legal studies granted by the Jordanian Ministry of Higher Education and Scientific Research
- Author of several refereed legal articles
- Former head of the private law department and former dean of the faculty of law at Yarmouk University
- Former head of the legal department of Yarmouk University
- Former legal consultant for the president of Yarmouk University
- Offered training on disciplinary procedures, legal interpretation, commercial arbitration
WORK EXPERIENCE
PROFESSIONAL EXPERIENCE 1996 – Present
Legal Assistant and Researcher
Jordan Telecommunications Regulatory Commission 1996-1997
- Reviewing draft licenses for telecommunications services providers.
- Legal counseling for my employer and stakeholders.
- Conducting legal research on law and regulation and competition.
Legal Assistant and Researcher
Jordan Securities Commission 1997-1999
- Providing legal counseling on company and securities laws.
- Responding to day-to-day legal inquiries from financial companies and investors.
- Research on the law of financial services.
Attorney at Law
International Business Legal Associates (IB Law)
Amman 2007 – July 2011
- Consulting clients on Jordanian regulatory laws relating to financial services, banking, insurance.
- Member of teams advising and working on project finance documents and tender documents.
- Counseling in arbitration and litigation.
- Legislative review and drafting.
- Providing written legal opinions.
Co-founder and Senior Partner, Dicta Consulting, 2015
Dicta Consulting is an unregistered partnership between a group of experienced lawyers that builds on the years of experience of its members.
Head of the Department of Legal Affairs 23/10/2011-Sep. 2012
of Yarmouk University
Duties include consulting for the President of the University and the university's departments, ensuring that the external lawyers follow up and manage litigation on behalf of the university with the desired efficiency and quality, drafting proposed instructions and regulations for the university, participation in disciplinary committees for staff and students.
Legal Consultant for Yarmouk University Sep. 2012- Feb. 2015
(in addition to academic duties)
PROFESSIONAL TRAINING
I have instructed the following professional and training courses:
- part of a training course on commercial arbitration held in Jordan by the Arab Union of Intellectual Property for legal staff of the Libyan government (2013).
- disciplinary procedures, offered at the Yarmouk Center of Quality and Academic Development to staff of Yarmouk University 2012.
- a profession-tailored course on the interpretation of legislation at the Judicial Institute of Jordan in 2011.
ACADEMIC CAREER since October 2002 till present
Private Law Department, Faculty of Law
Yarmouk University
- The acting dean of the faculty of law since September 2012- September 2014.
- Legal consultant for the president of Yarmouk University since September 2012.
- Promoted to the rank of associate professor in January 2010.
- Teaching commercial law courses, including: company law, intellectual property, negotiable instruments, banking, and private international law.
- Teaching (in English) an LL.M. course on international commercial arbitration.
- Teaching IT students (in English) a course on 'legal issues in management of information systems.
- Head of Private Law Department 2003-2007: my duties included regulating and supervising the academic and administrative affairs of the private law department, chairing the council of the department, sitting in the board of the faculty, quality assurance, and designing proposed academic programs.
- Member of quality assurance and accreditation committees of the Faculty of Law. I drafted the strategic plan for the Faculty 2007-2012 and participated in designing and fulfilling the Faculty's procedures of quality management leading to the achievement of a high score of 23/24 according to the British Agency for Quality Assurance in Higher Education 2006.
ADDITIONAL TEACHING
- I have taught a course on bankruptcy law to the doctoral candidates at the World Islamic Sciences and Education University, Amman, in 2010.
- I also teach courses at Amman Arab University.
PROFESSIONAL MEMBERSHIP
Jordan Bar Association
- Probationary lawyer 2005-2007
- Attorney at law 2007. (licensed lawyer in Jordan).
ACADEMIC QUALIFICATIONS
D.PHIL IN LAW 1999 - 2002
University of OXFORD, UK.
The title of the doctoral thesis is:
The Separability Doctrine in English Arbitration Law.
The thesis was well received by the two renowned examiners, Prof. Roy Goode and Prof. Robert Merkin. It dealt with the theoretical underpinnings of the separability of an arbitration clause and its traditional and novel consequences. It argues that there exist two different versions of separability under English and French laws that are not well distinguished or understood, putting forward justifications for certain exceptions to the doctrine on the basis of the assessment of its consequences and particular principles of English law.
LL.M. IN COMMERCIAL LAW 1997 - 1998
University of CAMBRIDGE, UK.
Rating achieved: 2.1 (high Upper Second Class).
Courses studied: International trade (sale of goods, carriage, financing international trade contracts); international commercial litigation; insurance; human rights.
LL.B. (BACHELOR DEGREE IN LAW) 1992 - 1996
YARMOUK University, Jordan.
I have achieved a total average of 93.3% with first honor class, ranking the first among 123 graduates.
ACADEMIC RESEARCH
DOCTORAL THESIS
- The Separability Doctrine in English Arbitration Law, University of Oxford, UK, 2002.
REFEREED ARTICLES
- 'Lex mercatoria and arbitration agreements: Perspectives from Greek and Jordanian Law' published in the Revue Hellenique De Droit International v.61.3 (2008).
- 'The treatment of unregistered commercial joint venture in Jordanian law' Arab Law Quarterly in volume 23 (2009).
- 'Arbitrating individual labour disputes in Jordan: Has the policy of promoting arbitration been misplaced?' Arab Law Quarterly in volume 23 (2009).
- 'The position of Jordanian law as to foreign jurisdictional clauses: a critical study in comparison to the Hague Convention 2005', principal co-author, Abhath Al-Yarmouk Journal, Yarmouk University (in Arabic) v. 27.3 (2008).
موقف القانون الأردني من شرط الاختصاص القضائي الدولي: دراسة نقدية مقارنة باتفاقية لاهاي 2005، مجلة أبحاث اليرموك، المجلد 27، عدد 3، سنة 2008، ص 465-489.
- ‘The delocalized arbitration award: its concept and enforcement’ published in Kuwait Law Journal (in Arabic) 2007 (31)3.
حكم التحكيم المرسل: مفهومه وتنفيذه، مجلة الحقوق، الكويت، المجلد 31، العدد 3، سنة 2007.
- 'The concept and scope of application of the de facto company: a comparative study', co-author, published in the Algerian Journal of Political, Legal, and Economic Studies, University of Algeria (in Arabic) (2007).
مفهوم الشركة الفعلية ونطاق تطبيقها: دراسة مقارنة، مجلة العلوم السياسية والقانونية والاقتصادية، جامعة الجزائر، 2007.
- 'Contemporary legal issues relating to the formation of contract by online orders' co-author, published in the Journal of Law and Shari’ah, University of the United Arab Emirates (2006).
BOOKS
- The Arbitration Mechanism of the Centre of Commercial Arbitration of the States of the Gulf Cooperation Council.
The book has been published in Arabic and English in 2015.
ONGOING RESEARCH
- Principles and practices of legislative interpretation in the Jordanian legal system.
This is a book exploring the principles and approaches of legislative interpretation which can be discerned from court decisions and interpretation decisions of competent bodies. The specifity of constitutional interpretation will be examined. Also, the book covers the institutional and procedural issues of legislative interpretation in Jordan.
- Tuning Middle East and North Africa, TEMPUS Project led by Deusto University, Spain. The project started in May 2014 and ends in Sep. 2016.
- International guarantees under the Cape Town Convention and Protocol in relation to aircrafts and aircraft equipments.
- Operating a bank deposit account.
CONFERENCE PAPERS
- 'The Breach by Israel of its Treaty with Jordan: the Conditions of Liability and Possible Measures,' a paper presented at a conference on Jerusalem and the Israeli Aggressions from the Perspective of International Law, organized by the Faculty of Law at Yarmouk University, June 2013.
- 'The Jordanian Constitution and Parliamentary Governments' a paper presented at Al-Yarmouk First Symposium on Constitutional Discourse, held jointly by Yarmouk University and the Royal Institute for Religious and Cultural Studies, December 2012.
- 'Shari'ah in the Jordanian legal system' a paper presented at the conference on Philosophies and Practices of Law in the Middle East organized by the French Embassy to Jordan and the French Institute for the Near East, Jordan 13 and 14 May 2008.
- 'Quality assurance in Jordanian schools of law: three lessons from the external review 2006,' presented at the conference on Enhancing Legal Education in Jordan, The Ministry of Justice and the Ministry of Higher Education in cooperation with the American Bar Association, Amman March 2007.
- 'Enforcement of foreign judgments: a comparative study between The Hague 2005 Convention and Jordanian Law,' presented at the Conference of Problems relating to the enforcement of judgments in Arab laws held at Cairo University 20-22, May 2006.
- 'Towards amending certain aspects of the Jordanian company law,' co-author, presented to a workshop on The Jordanian Company Law: An Evaluation held at Yarmouk University 13/12/2005.
- 'Special rules governing trading of stock,' presented to a workshop on Securities Law held at Yarmouk University 28/3/2005.
- 'Towards a renewal of legal thought: the need for Shari’ah as the source of legislative reform,' presented at a conference on Legislative Reform from the Perspective of Shari’ah and Law, Irbid National University 10-11/8/2005.
- 'The enforcement of an arbitration clause,' presented at a workshop on Disputes Arising from Construction Contracts held at Jordan Association of Engineers, Amman, October 2003.
PROFESSIONAL CERTIFICATION DISSERTATION
- The Enforcement of Arbitration Agreements: Contemporary Problems, submitted to the Bar Association 2006.
This was highly lauded by the committee of examiners who have recommended to the Bar to publish it.
SUPERVISING & EXAMINING DISSERTATIONS
I have supervised postgraduate students' dissertations at Yarmouk University like:
- The Management of one-person company in Jordanian Law.
- The Conversion of a Limited Liability Company to a Public Shareholding Company.
- The Excess of Powers by Arbitrators and its Cinsequences.
- The Period of Suspicion under Bankruptcy Law.
- The Extent of the Responsibility of A Holding Company for its Subsidiaries.
- Invoking Lack of Jurisdiction before the Arbitral Tribunal.
- The Rights of the Drawee Bank against the Drawer and Holder of the Check.
- Legal Aspects of the Electronic Data Interchange: Electronic Bills of Lading as an Example.
I have examined postgraduate dissertations like:
- The liability of the lead-bank and agent bank in syndicated bank loan, a doctoral thesis at Amman Arab University, 2015.
- The Formality in the Formation of Companies (Aal-ul-Bait University, Jordan).
- The Bank Deposit of Securities (Yarmouk University).
- The Restrictions on the Rights of Patentees and Trademarks' Proprietors (Yarmouk University).
- The Liabilities of the Board of Directors under the Companies Law (Yarmouk University).
REFEREEING ACADEMIC ARTICLES
I have been asked by academic journals to review legal articles submitted to them in the field of commercial law. These journals include:
Majallat al-Uloum al-shar'iyyah wa al-Qanunieyyah of al-Sharjah University; Mu'tah Journal of the University of Mu'tah, Jordan; Abhath-ul-Yarmouk of Yarmouk University; Dirasat of the University of Jordan; Al Mizan, the journal of the World Islamic Education University, Jordan.
COMMUNITY SERVICE
PRESENTATIONS
I delivered a presentation on combating violence against women under Jordanian law at the Prince Basmah Centre for Women Studies at Yarmouk University, November, 2013.
I have been commissioned by the Quality and Academic Development Centre of Yramouk University to deliver presentations to faculty members on university regulations in 2011, 2012, and 2013.
I have been commissioned by the Faculty of Law and the Faculty of Information Technology to deliver public lectures and presentations (2006-2007) on a variety of legal issues through para curricula activities held at Yarmouk University, including: law and computer, insurance, arbitration in individual labor disputes, jurisprudence.
PRO BONO CONSULTATIONS
I have offered voluntary consultations to:
- The Hashemite Fund for the Restoration of Al-Aqsa Mosque (2014).
- The Centre of Excellence in Library Services at Jordanian Public Universities (2011-2012).
- Soleen Centre for Human Rights, Irbid, Jordan: I have offered advice on preparing programs and profile in support of seeking funds for the centre (2011).
- The Library of Yarmouk University: I have advised librarians on the relevant entries and subject headings of legal articles and case law for the purpose of indexing legal journals (2008).
- The Companies' Controller Department: I have responded to a call for consultations on the weaknesses and strengths of the Jordanian Companies Law (2005).
AWARDS & SCHOLARSHIPS
I have won the following awards and scholarships on the basis of academic excellence and/or through competitive procedures:
- Al-Hussein Royal Decoration for Distinguished Contribution –Second Order.
- Alexander Onassis Foundation for Public Benefit, Athens, research grant 2008.
- The Ministry of Higher Education and Scientific Research, the award of 'best article' in legal studies 2007.
- Yarmouk University scholarship to read for Ph.D. in Law, 1999.
- KRSF and Cambridge Overseas Trust scholarship to read for LL.M., 1997.
- Freidrech Naumann sponsorship to join the 28th session of the International Law Institute, Strasbourg, France, 1996.
- Honorary Certificates from Yarmouk University for academic excellence in each year of the LL.B. program 1992-1996.