This book covers a wide range of interesting topics associated with a theme that lies at the heart of every transaction and dispute involving a State or State-owned entity—the interplay between contract law and public law. The book tackles this theme in the specific context of the Middle East and North Africa (MENA) region, where the influence of Egyptian law cannot be overstated. Analysis from a senior member of the Egyptian judiciary is thus insightful, particularly in his assertion that global contract law is well underway, through global harmonising trends that are being shaped and driven by the needs of global business, the culture of international arbitration, common principles of international commercial contracts (such as the International Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contracts) and, most recently, the digitalisation of contracts.

The book offers very useful insights and analysis of some of the challenges that plague ‘dualist’ systems of law that distinguish between public law and private law, between administrative courts and civil and commercial courts and between administrative contracts and private law contracts. It is no secret that the Egyptian legal system and those legal systems inspired by Egyptian law in the MENA region continue to grapple with this ‘dualism’, which has influenced and shaped the principles and practices governing contracts and disputes involving State and public law entities. It is in this context that the book offers interesting insights about the current state of the law and practice of traditional administrative contracts and new iterations thereof, such as Public-Private Partnerships (PPPs) in Egypt and the MENA region.

This is a forward-looking book with useful reflections on past and present practices in a highly contentious area that is in a constant state of flux, with inherent tensions between public and private interests and norms. The author makes a clear and powerful argument for further harmonisation of contract law and provides readers with interesting views on how this can be achieved to narrow the gap between public and private law in dualist systems and, more generally, between civil and common law legal systems. Being a believer in globalisation and in the importance of predictability and certainty for global business as well as the need to encourage credible foreign direct investment, the author supports global efforts for the harmonisation and unification of substantive principles of contract law for both administrative contracts and international commercial contracts.

Among the interesting topics covered in the book across nine chapters, in addition to the introduction and conclusion, are: the interventionist role of national courts; the new trends in administrative contracts; PPPs and energy concessions; the digitalisation of public and administrative contracts; the codification of administrative law; the role of public-private arbitration in shaping global contract law; the role of international players such as the United Nations Commission on International Trade Law (UNCITRAL), UNIDROIT and The Hague Conference on Private International Law (HCCH) in the global efforts for harmonisation and unification; and the impact of the unification of principles of international contracts on legal practice in Egypt and the MENA region, with emphasis on meeting the legitimate expectations of foreign investors.

The author addresses the above topics with the aim of showing how they can be used as tools to achieve the harmonisation of global contract law. He concludes by making 31 observations and recommendations that are certainly worth considering. The highlights of the author’s recommendations include: first, limiting court intervention when considering arbitral awards to foster an enabling environment for foreign investment; second, reconsidering and advancing new policies regarding public utilities, public services and public infrastructure to align with new developments in law and business; third, limiting State intervention through legislation by aligning substantive contract law principles with general rules for international contracts, and placing greater emphasis on party autonomy; fourth, codifying principles of administrative contracts and aligning them with principles of international commercial contracts; fifth, embracing international arbitration for public-private disputes and building on the wealth of principles established by arbitral tribunals over decades of arbitral decision-making; and, sixth, supporting the role of international players such as UNCITRAL, UNIDROIT and HCCH in advancing the rule of law and closing the gap between public law and private law contracts.

This book is a must read for both academics and practitioners with interests in public law, contract law and dispute resolution in Egypt, the MENA region and beyond. It covers diverse topics associated with its general theme, and includes a wealth of information, analyses and case references that are without doubt educational and illuminating for anyone with an interest in the intricacies of transactions or disputes relating to public-private dealings involving Egypt and/or the MENA region countries.