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- International commercial arbitration (2)
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- Interpretation – International Investment Treaties - International Investment Arbitration -Bilateral Investment Treaties (BITs) - Most Favored Nation clauses (MFN clauses) – Dispute Settlement provisions - a Third-Country BIT - Arbitral Tribunals - Dispute Settlement Arrangements. (1)
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Articles 1 - 10 of 10
Full-Text Articles in Law
An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk
An Artificial Intelligence Tool For The Selection Of Delay Analysis Technique In Construction, Mostafa Farouk
Theses and Dissertations
The increasing complexity and magnitude of projects impose greater impact of delays on stakeholders. Construction delays are a major source of disputes in construction projects. Since a construction project depends on interactions and shared responsibilities among parties, research works were directed toward identifying delay causes, quantifying their impacts, and proposing ways to deal with them. Several delay analysis techniques (DATs) are available, but when applied to the same project’s delays provide different results. Thus, the selection of the DAT to use in evaluating delays becomes vital. Reviewing the literature, it has been realized that often there are disagreements, which lead …
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Inconsistency Crisis And Reformative Proposals Of Investor-State Arbitration System- Umbrella Clauses Considered, Abdallah Elsayed
Theses and Dissertations
The main purpose of investment treaties is to provide guarantees and protections for the investors in order to maintain the flow of foreign direct investment. As a consequence, when disputed, an adjudicator confronts a dilemma of figuring out the actual intention that the parties consented to. As for umbrella clauses are concerned, an interpreter falls into a loop to attain whether the parties consented to prioritize investor’s interest and elevate any contractual breach to the level of a treaty breach, or to consider the state’s regulatory power. The root could be traced to the interpretation process itself. Human conduct differs …
Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin
Omar Effendi Vs. Union Fenosa: Corruption As A Transnational Public Policy Consideration, Ahmed Badr Eldin
Theses and Dissertations
At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of …
Framework For Enhanced Applicability Of The Egyptian Public Procurement Law To International Administrative Construction Contracts, Amr Abu Helw
Theses and Dissertations
Local governments and public authorities conclude contracts for the purpose of acquisition of goods, delivery of services and construction of public facilities like bridges, infrastructures and public buildings. A public contract is an agreement to perform particular tasks financed by government funds to the benefit of the whole community. Private entities and corporations are subject to stricter standards in their dealings with the government than in private transactions. Conversely, the government must deal fairly and equitably with those who it contracted with to achieve successful implementation of the projects. On October 3, 2018, a new Egyptian public procurement law, namely, …
Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib
Consumer Protection In Ecommerce: A Case Study Of Egypt, Heba Habib
Theses and Dissertations
This paper examines electronic contract regulation in the context of business-to-consumer transactions. The technological advancement and cross-border nature of e-commerce have posed significant challenges to the Egyptian legal framework highlighting the limitations of general commercial contract rules with regards to electronic contracts. This thesis argues that access to the courts is hindered by restrictive terms in the electronic contracts over which the Egyptian law has no jurisdictional power. Accordingly, private institutions set the rules in the e-contracts and enforce them through private methods leaving no room for state intervention to ensure the protection of consumers. Hence, the application of national …
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
Theses and Dissertations
The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …
Assessment Of The Dispute Settlement Mechanism In The Context Of The Wto, Shaymaa Mahmoud Bayoumi
Assessment Of The Dispute Settlement Mechanism In The Context Of The Wto, Shaymaa Mahmoud Bayoumi
Archived Theses and Dissertations
No abstract provided.
Enforcement Of Arbitral Awards In Nigeria: An Appraisal Of Emerging Trends, Foluke Olamiposi Omosuyi
Enforcement Of Arbitral Awards In Nigeria: An Appraisal Of Emerging Trends, Foluke Olamiposi Omosuyi
Archived Theses and Dissertations
No abstract provided.
Dispute Review Boards: Expected Application On Egyptian Large Scale Construction Projects, Islam Hassan El-Adaway
Dispute Review Boards: Expected Application On Egyptian Large Scale Construction Projects, Islam Hassan El-Adaway
Archived Theses and Dissertations
No abstract provided.
Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki
Adversarial Or Inquisitorial: Which Approach Is Closer To Arbitration?, Ahmed Galal Zaki
Archived Theses and Dissertations
Adversarial techniques such as pre-trial discovery of documents, cross-examination, and lengthy oral pleadings are now in vogue in the conduct of international commercial arbitration proceedings. This paper responds to this trend by analyzing both the adversarial and the inquisitorial systems in an attempt to demonstrate which is more fulfilling to the objectives of international commercial arbitration. These objectives are party autonomy, neutrality, efficiency, flexibility, and confidentiality. In the finale, the paper provides that although the adversarial system is in line with the autonomy rights of those who opt for arbitration, its inquisitorial counterpart is more neutral, efficient, flexible, and confidential. …