Arbitration is the most common mechanism for disputes' settlement in developing countries. Following the move to free market economies, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for dispute settlement. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations for the future and includes useful appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.
From the Foreword: ’Dr Ismail injects into the book his wide experience and his personal knowledge of the region, and of the law and practice of arbitration in the Arab Middle East. Readers will also find his text both well-researched and conveniently presented … The book covers a wide range of material on the subject. Dr Ismail has provided a well-thought-out work with a wealth of information which will help to promote knowledge and skills in international arbitration in the MENA region. I am happy to be able to recommend it most warmly.’ Martin Hunter, co-author of Redfern and Hunter on International Arbitration ’A very thoughtful and insightful contribution to the literature in a field, and region, of growing international importance. Judge Ismail's work is required reading for any student or practitioner in the area.’ Gary Born, Wilmer Cutler Pickering Hale and Dorr, LLP and author, International Commercial Arbitration ’Mohamed Ismail provides an insightful guide for readers providing a better understanding of risks, protections and opportunities available to foreign investors dealing in the MENA region. The book, part historical analysis, part critical review, and part focused on future opportunities, is a must read for anyone practicing or interested in the International Investment Arbitration Sphere.’ Doug Jones, AO, Australia and UK ’This book is a notable contribution to the field of international investment arbitration in the MENA Region. One of the most interesting chapters of the book is the insightful study of the harmonization of international arbitration and the sensitive issue of le Contrat Administratif, with special reference to the Egyptian experience. Dr Ismail’s book is a demonstration of the knowledge and ability of Egyptian judges who, through their acquired experience, intellectual curiosity and comparative approach, are playing a pivotal role in making Egypt an appropriate place for international commercial and investme