Global Contract Law in the Middle East and North Africa

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. It will be useful to students and scholars of international contract law, public law and international law in Egypt and MENA countries.

Autorentext

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.

Inhalt

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