This book comprehensively covers the interplay between cultural and legal globalization and the impact this has on contract law, with a particular focus on state contracts within the MENA region.
The book discusses the roles assumed by Supreme Courts in Egypt and MENA countries in creating unified principles of international contract law in states’ contracts which are consistent with international commercial contracts’ principles. It makes a powerful argument for further harmonization of contract law in the area, and how this can be achieved. The book forms a case study of how international harmonization can be achieved through a number of routes, such as codification, digitalization of processes and contracts, private-public arbitration, and further use of international instruments. It also considers the implications of comparative European law, convention law, and other legal domains, particularly international standards, on contract law in the MENA region. The book suggests how international legal standards can be integrated within contract law, and how a harmonious contract law framework can thus be achieved. Through analyzing ICSID case law, the book argues that unification of contract law principles in the MENA region is a considerable step towards achieving legitimate expectations of foreign investors. It argues, further, that global contract law is underway.
The book will be is of interest to students and scholars in the field of international contract law, public law, and international law in Egypt and MENA countries.
Table of Contents:
Foreword by Louise Gullifer
Preface
Introduction
1. Courts’ Intervention in Case of Mandatory Legislative Provision
2. Courts’ Intervention in Light of Non-Mandatory Legislative Provision or in Absence of Legislative Provision
3. Courts’ Intervention in the Light of Contractual Provisions
4. New Types of International States’ Contracts: PPPs and Energy Concessions as Tools to Achieve Global Contract Law in the MENA Countries
5. Digitalization as A Tool to Achieve Contract Law in State Contracts
6. Codification of Administrative Law in Egypt and MENA Countries as A Tool to Achieve Global Contract Law
7. Can Private-Public Arbitration Create Global Contract Law?
8. The Role of International Organs to Create a Global Contract Law
9. The Impact of Unification of International Contract Law Principles on Egypt and MENA Countries
Conclusions
About the Author :
Mohamed A.M. Ismail, PhD (Cairo); FCIArb (London) is the vice president of the Conseil d’État and judge at the Supreme Administrative Court, Egypt. He is an arbitrator in international commercial disputes. Dr. Ismail is affiliated with several global legal bodies/organizations. He is a Member of the Comité Française De L’Arbitrage (Paris) and a member of the ‘Public Contracts in Legal Globalization’ as a global research network at Sciences Po University, Paris. He has been appointed as an expert member to the Working Group of the ICC and UNIDROIT on International Investment Contracts. Dr. Ismail was a visiting research fellow at Max Planck Institute for Comparative and International Private Law, Hamburg.
Review :
"An essential contribution to the development of studies on the global law of public contracts."
Jean-Bernard Auby, Emeritus Professor, Sciences Po Paris
'Based on his extensive experience as judge and academic, the Author explores various topics that contribute to the unification of contract law. The monograph is a valuable source, for academics and practitioners, to expand their knowledge of substantive principles of global contract law.'
Maria Chiara Maalguti, President of UNIDROIT and Professor of International Law at Università Cattolica del Sacro Cuore
"This book is a must read for both academics and practitioners with interests in public law, contract law and dispute resolution in Egypt, the MENA region and beyond. It covers diverse topics associated with its general theme, and includes a wealth of information, analyses and case references that are without doubt educational and illuminating for anyone with an interest in the intricacies of transactions or disputes relating to public-private dealings involving Egypt and/or the MENA region countries'".
Mohamed Abdel Wahab, British Institute of International and Comparative Law, International and Comparative Law Quarterly Journal.
