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.
By:
Mohamed Ismail
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 700g
ISBN: 9781032716015
ISBN 10: 1032716010
Pages: 274
Publication Date: 01 August 2024
Audience:
College/higher education
,
Primary
Format: Hardback
Publisher's Status: Active
Foreword by Louise Gullifer Preface Introduction 1. Courts’ Intervention in the Existence of Legislative Provision Which Has Mandatory Nature in Egyptian Civil Code and MENA Countries’ Civil Codes 2. Courts’ Intervention in the Light of Legislative Provision Which Has No Mandatory Nature, or in Absence of Legislative Provision. 3. Courts’ Intervention in the Light of Contractual Provisions: To What Extent Can Courts Intervene? 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 Unified Contract Law Principles in International States’ Contracts 6. Codification of Administrative Law in Egypt and MENA Countries as A Tool to Achieve Global Contract Law 7. The Role of Private-Public Arbitration to Create Global Contract Law Principles: An Egyptian Case Study 8. The Role of International Organs Towards the Creation of Unified Global Contract Law Principles. 9. The Impact of Unification of International Contract Law Principles to Egypt and MENA Countries Conclusions
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.
Reviews for Global Contract Law in the Middle East and North Africa: Public Law Constraints
"""An essential contribution to the development of studies on the global law of public contracts."" Jean-Bernard Auby, Emeritus Professor, Sciences Po Paris"
