Sharia law shapes the legal frameworks in the Middle East. Traditionally, it was the primary uncodified source of law in the region. However, throughout the 20th century, many Middle Eastern countries developed their own Civil Codes, which continue to be rooted in Sharia principles. One of the key areas where Sharia law exerts substantial influence […]
Arbitration in Egypt
Arbitration has long existed in Egypt, although it remained uncodified for many years. In the nineteenth century, Egyptian law was a blend of Sharia and European law. First, Egyptian legislation followed Islamic “Fiqh”, codified in the “Medjella”, which contained the rules related to arbitration.[1] Arbitration in Egypt was then governed by Articles 501-513 of the […]
Arbitration Under the OIC Investment Agreement
Many investors are unaware of the existence of the Agreement for the Promotion, Protection and Guarantee of Investments among the Member States of the Organisation of the Islamic Conference (the “OIC Investment Agreement”) and its provisions regarding dispute settlement. The Organization of the Islamic Conference (the “OIC”; Arabic: منظمة التعاون الإسلامي; French: Organisation de la […]
Consent to Arbitration Based on Investment Codes
In international arbitration, consent to arbitration can be expressed in different forms, including in domestic laws. While it is widely recognized that States can commit themselves by way of international treaties (or by virtue of contracts covering future disputes), States can also give their consent to arbitration based on investment codes. Due to the significant […]
MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD
The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]