Skip to content

Private-Public Arbitration in PPPs in Egypt and MENA Region

Mohamed AM Ismail

DOI https://doi.org/10.21552/epppl/2023/4/7

Keywords: MENA, Egypt, Arbitration


This article considers the legal treatment of private-public arbitration in Egypt. It looks at how the regulatory pressure to install arbitration as dispute resolution mechanisms through standardisation of public–private partnership contracts have been prompted by the loss of confidence in state-controlled systems of dispute resolution, fuelled by the interpretation and application of the procedural autonomy doctrine.
The Egyptian legal system permits private-public arbitration, but through the ministerial consent process it controls the observance of public interest and may deny the arbitrability of the relevant disputes arising out of administrative contracts thus reclaiming state-centred jurisdiction.

Judge Dr Mohamed A M Ismail, LLB, LLM, PhD (Cairo University); FCI Arb (London); Vice-President of the "Conseil D’État” and Judge at the Supreme Administrative Court, Egypt; State Prise Laureate, Academic Legal Research, 2011, Arab Republic of Egypt; Member of the "Comité Français De L'Arbitrage".

Share


Lx-Number Search

A
|
(e.g. A | 000123 | 01)

Export Citation