Mohamed Ismail

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Mohamed A.M. Ismail
Born (1967-11-24) 24 November 1967 (age 56)
Egypt, Cairo
Awards State Prize Laureate - Legal Research- "Arab Republic of Egypt"- 2011/2012
Website www.drmohamedismail.com

Judge Dr. Mohamed A.M. Ismail (Arabic: محمد عبد المجيد إسماعيل‎‎)(born 24 November 1967) is a Vice President of the Egyptian State Council (Conseil d’Etat), Judge at the Court of Appeal (Contracts Circuit), Fellow of the Chartered Institute of Arbitrators (UK), Visiting Professor and PhD examiner at the British and Egyptian Universities, in International State Contracts and Arbitration, particularly on infrastructure projects, Lecturer at the Cairo Regional Centre of the International Commercial Arbitration (CRCICA) and Arbitrator in the International Construction Contracts disputes, particularly International Public Works Agreements. Dr. Ismail is the State Prize Laureate in Academic Legal Research for 2011/2012.[1] The Prize, which is the highest in the MENA region since 1958, was granted to him by the Arab Republic of Egypt. Dr Ismail is a lecturer at the Arab League and BCDR-AAA. He is Member of the Comité Française d’Arbitrage. Dr Ismail is a PhD external examiner at British universities, and visiting guest speaker at the University of London[2] [3]

Early life

Dr Ismail was formerly a Senior Legal Advisor to HE the Egyptian Minister of Petroleum and represented the Egyptian government in state international business transactions in the oil and gas industry, especially in the United Kingdom, with law firms such as Shearman Sterling, the International Counsel to the Egyptian Government, as well as Baker McKenzie Egypt. He was a Senior Legal Advisor to HE the Egyptian Minister of Trade and Industry and formerly a Senior Legal Advisor in the Investment Sector in Egypt and represented the Egyptian Government at the United Nations Conference on Trade and Development (UNCTAD), Geneva, for theBilateral Investment Treaties (BITs) negotiations where developing states were involved. Dr Ismail is currently a senior legal adviser at the Legislation and Legal Opinion Commission, Ministry of Justice, Kingdom of Bahrain. Dr Ismail has widely published at the UK, Germany and at the MENA region.

Publication

Books and Monographs (sole-authored) and Selected Articles in Peer-reviewed Journals (sole-authored)

  • Ismail, Mohamed A M, "International Investment Arbitration, Lessons from Developments in the MENA Region", Ashgate Publishing, UK, Europe, USA and Sydney.[4] The book is available in international markets from July 2013. 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 disputes settlements. 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 the future and includes useful Appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.The foreword was written by Professor Martin Hunter. Endorsements were written by Professors Gary Born (USA) and Doug Jones( UK and Australia). ISBN 9781409463634 (hbk). ISBN 9781409463641 (ebk – PDF). ISBN 9781409463658 (ebk – ePUB).
  • Arab Constitutions ‘ Current and Potential Challenges in the Arab Spring Revolutions Era’. A comparative Perspectives to Arab constitutions and European constitutions. The book is published By El Halabi Publishing company in Beirut - Lebanon in 495 pages (in Arabic). Proof-reader is progressing. The book will be in the Arab markets in March 2014.
  • Ismail, Mohamed AM, 'The International Administrative Contract and Arbitration in State Contracts' An analytical study to state contracts with private foreign entities in the light of the UNCITRAL Arbitration Rules as amended in 2010, the new ICC Rules of 2012, and the FIDIC Forms of Contracts. The Study is a comparative perspective with the Anglo-American jurisdiction. The book was published By El Halabi Publishing company in Beirut - Lebanon in 576 pages (in Arabic). The book will be released at the MENA region by the 1st of July.(ISBN 978-614-401-571-1)
  • Ismail, Mohamed AM, ' Justice and Equality and its Effect to Maintain Citizenship in Arab Countries', Paper published at the First Arab Conference on the Development of the Culture of Law and National Awareness from 10 – 12 March 2013, Ar-rashid Hotel, Baghdad, Iraq. PP. 507– 531. The conference was organized by the Arab League, the Iraqi Cabinet, and Arab Center for Law Awareness. The Conference was headed by H E Nouri El Malki, The Iraqi Prime Minister and a personal invitation to attend the conference was received from H E Dr Safa El Safi, the Iraqi Minister for the Parliament. (In Arabic).
  • Ismail, Mohamed AM, 'Perspectives on the public interests and the Second Republic Era in Egypt', Thoughts about the current political and constitutional situation in Egypt and whether Samuel Huntington's vision regarding the Clash of Civilization is true or not? The book deals with constitutional law issues and international relations aspects. A foreword was written by H E Professor Yehyia El Gamal, Cairo University, and former Vice-Prime Minister in Egypt, till August, 2011( former minister in 1974). The book was published in 2012 by ' Dar El Maaref' as one of the leading publishers in the Arab press more than a century ago. Two chapters of the book were published in the Arab press particularly El Ahram Newspaper, the widest circulating daily newspaper in Egypt and the Arab world, ( In Arabic). (ISBN 978-977-02-7655-6) (15294/2012)
  • Ismail, Mohamed, Arab Arbitration Journal, December, The Law Journal of Cairo Regional Centre of International Commercial Arbitration(CRCICA), The Middle East Region, June, 2012, (in Arabic).
  • Ismail, Mohamed " International Infrastructure Agreements and PPPs in Developing Countries: Substantive Principles "With Special Reference to Arab and Latin American Countries". The European Public Private Partnership Law Review, EPPPL, Berlin, Germany, 3/ 2011. (ISSN 1863-0987).
  • Ismail, Mohamed, " Infrastructure Agreements and the Concerned Minister's Consent before starting Arbitration", Arab Arbitration Journal, December, The Law Journal of Cairo Regional Centre of International Commercial Arbitration(CRCICA), The Middle East Region, Dec. 2011,PP.171– 221, (in Arabic).
  • Ismail, Mohamed A M, "Globalization and New International Public Works Agreements in Developing Countries "An Analytical Perspective", Ashgate Publishing, UK, Europe, USA and Sydney.[5][6] The book is available in international markets since November 2011. The book deals with the influence of globalization to 'Le Contrat Administratif' and States' International Construction Contracts in developing countries in 15 chapters. ADR and International Arbitration are scrutinized in 6 chapters. A Foreword is written by HH Humphrey Lloyd QC. Endorsements were written by Prof. Christopher Bovis, University of Hull, UK, Professor Julian Lew, QC, Professor Yehyia El Gamal, Cairo University, and former Vice-Prime Minister in Egypt, till August, 2011( former minister 1974), and Professor Samir El Sharkawy, former Dean of Law School, Cairo University. ISBN 9781409427964 (hbk) ISBN 9781409427971 (ebk). A "Book Review" was published at the International Construction Law Review, UK, INFORMA, July, 2012, by Professor Doug Jones.(Editor-in-Chief)- (ISSN 0265-1416). Please visit: www.drmohamedismail.com
  • Ismail, Mohamed, " Globalisation and New Contractual Regime In the International Public works Agreements in Egypt " The International Construction Law Review, Editors-in-Chief HH Humphrey Lloyd, Q C and Mr. Douglas Jones, Informa, London, UK, July 2010. (ISSN 0265-1416).
  • Ismail, Mohamed, "Globalization and Liquidated Damages in the Anglo-American Jurisdictions", in English, El Qanon Wel Eqtisad Law Journal, Cairo University Law Journal, Jan 2011. The leading authority in academia in the MENA region since 1930.Editorial Board consists of Cairo University Professors. (197/1975).
  • Ismail, Mohamed "Legal Globalisation and PPPs in Egypt". The European Public Private Partnership Law Review, EPPPL ( Germany), Editor -in –Chief Prof. Christopher Bovis, Berlin, Germany, 1/2010. (ISSN 1863-0987).
  • Ismail, Mohamed “Globalisation and Contract Price in the Egyptian State Procurement Law, New Trends, ". The International Construction Law Review, Editors-in-chief HH Humphrey Lloyd, QC and Mr. Douglas Jones, Informa, London,UK, Jan 2010. (ISSN 0265-1416).
  • Ismail, Mohamed “Public Economic Law and the New International Administrative Contract”. A comparative and analytical study on the effect of cultural and legal globalization on the legal culture in Egypt in the domain of State international business transactions (legislation, litigation, and new transactions in Egypt such as PPP and BOOT Agreements). The book was published By El Halabi Publishing co in Beirut - Lebanon in 640 pages. in Arabic.(Available in all Arab market by 1st of Dec 2009). The book was awarded the State Prize in Academic legal Research in the A.R.E, 2011/2012. This award is the highest award in the MENA region in academic research. ( ISBN 978-614-401-063-1)
  • Ismail, Mohamed “Globalisation and Liquidated Damages in International Public Works Agreements in Egypt, an Analytical Perspective on the Penalty for Delay Clause in Infrastructure Agreements”. The International Construction Law Review, Editors-in-chief HH Humphrey Lloyd, QC and Mr Douglas Jones, Informa, London, UK, Oct 2009. (ISSN 0265-1416).
  • Ismail, Mohamed “New Perspectives on International Contracts and State Contracts” (2009). Published by El Halabi Publishing and Printing Co. Beirut - Lebanon. The book contains lectures in Arabic and in English delivered by the Author at the Cairo Regional Center for International Commercial Arbitration(CRCICA) on international construction contracts arbitration and oil and gas concession agreements. The book is 680 pages in Arabic and English. The book was awarded the State Prize in Academic legal Research in the A.R.E, 2011/2012. This award is the highest award in the MENA region in academic research. ( ISBN 978-9953-524-98-6)
  • Ismail, Mohamed “International Construction Contracts Arbitration” (2003) Published by El Halabi Publishing and Printing Co. Beirut - Lebanon. The Book and Appendices are 840 pages (in Arabic). The latest version of the PhD thesis.
  • Ismail, Mohamed. “Thoughts about the State Procurement Law and State Contracting”. Paper submitted in Arabic at the State Contracts and Procurements Conference, Cairo,-Cairo Regional Center of International Arbitration(CRCICA).
  • Ismail, Mohamed. “The New Role of the Second Parliament in Egypt”. Article in El Ahram Newspaper, the widest circulating daily newspaper in Egypt and the Arab world. The article is dated 16 April 2001 (in Arabic).
  • Ismail, Mohamed. “The New Role of the Egyptian Conseil d’Etat”. Article in El Ahram News Paper, the widest circulating daily newspaper in Egypt and the Arab world. This article is dated 30 July 2001 (in Arabic).
  • Ismail, Mohamed “International Construction Contracts Arbitrations.” The New Legal hybrid Nature and its Impact on ' Le Contrat Administratif, PhD thesis. The thesis is published in Arabic, Cairo, in 478 pages. - May, 2000.
  • Ismail, Mohamed. “Multi Party Arbitration in International Construction Contracts”. Paper submitted at the International Construction Contracts Conference held in Nile Hilton, Cairo, The Cairo Regional Center of International Arbitration (CRCICA), June 1996 .
  • Many other papers (in English and Arabic) presented at many international conferences and seminars in the area of International Commercial Arbitration, International Investment Arbitration, International Infrastructure agreements, International Construction Contracts Arbitration, Arbitration in International Public Works Agreements in the Developing Countries, Constitutional Law Theory and Practice in Arab Countries, Comparative perspective with USA and European Constitutions(i.e. French Constitution of the Fifth Republic, 1958, German Constitution 1949 as amended in 2002), human rights in the Arab countries. Dr Ismail has widely published with El Ahram News Paper,the widest circulating daily newspaper in Egypt and the Arab world, particularly in 2011, 2012, and 2013.

PHD Examiner

  • Many papers submitted to conferences in Egypt concerning Intellectual Property Law, in cooperation with the US AID in Cairo, and the USA Patent Office (USA).

PhD and Master's Thesis in which Judge Dr. Mohamed AM Ismail Was Participated as an Examiner, '2002 – 2013'

(Cairo University, Egyptian Universities and the Arab League)

Student Name and Nationality Thesis Title Panel President, Date
1 - Heba M. Hazah (Ph D) - (Egyptian) - Assistant Prof. in Law school, Cairo University. Contractual Equilibrium in International State Contracts, An Analytical Perspective to Investment Contracts (ICSID Arbitration Case Law). H.E. Prof. Dr. Yehia El Gamal Dec. 2012
2 - Nasr Eldin Mostafa El Kaseh (PhD) - (Libyan) (Lawyer) The Legal Regime of Liquidated Damages in Administrative Contracts, A Comparative and Analytical Perspectives. Prof. Dr. Sabry El Senosy 2012
3 - Saleh Shawky Abdela'al (PhD) - (Egyptian) (Lawyer) Arbitration in States' International Contracts and States' Unilateral Power to Terminate Contracts. H.E. Prof. Dr. Yehia EL Gamal 2011
4 - Mostafa Abdel Ghani Abou zied (PhD) - (Egyptian) Colonel in the Egyptian Army Judiciary Considerations in Administrative Contracts and the Judicial Review. Prof. Dr. Anas Gaffar 2011
5 - Fawzy Ali Abdallah El Kaftan (Masters) - (Iraqi) (Lawyer) Financial Penalties in States' Contracts in Iraqi and Egyptian Law. Prof. Dr. Sabry EL Senosy 2011
6 - Walid Badry Hassan EL Gabory (Masters) - (Iraqi) (Lawyer) Restrictions upon the State Power upon Amendments of 'Le Contract Administratif ' A comparative study of Iraqi and Egyptian Laws. Prof. Dr. Sabry EL Sensoy 2011
7 - Mohamed Mahmoud EL Roby (Ph D) - (Egyptian) = Chief prosecutor in the Ministry of Justice The Role of Administrative Acts in the Protection of Environment. Prof. Dr. Anas Gaffar 2010
8 - Badr Bin Sief Bin Hareth El Yareby (Masters) - (Omani) = Police officer in Sultanate of Oman Arbitral Award Enforcement Pursuant to Omani Arbitration Act. H.E. Prof. Dr. Yehia EL Gamal 2009
9 - Mostafa Taha Abdel Rahman (PhD) - (Egyptian) = General Manager at the Sales Taxes Authority Arbitration in the State Contract Disputes. Prof. Dr. Anas Gaffar 2008
10 - Walid Abdelrahman Mazher (PhD) - (Palestinian) = Police officer at the Palestinian police and currently Legal adviser of H.E Palestinian Minister of Education Contracting Parties Rights and Undertakings in Public Works Agreements' Performance. 'A Comparative Study' H.E. Prof. Dr. Yhia EL Gamal 2006
11 - (PhD) - (Jordanian) = Lawyer Arbitration in States' International Contracts H.E Prof. Dr. Yehia EL Gamal 2006
12 - Soaad El Saehy (Masters)-(Morocco) = Lawyer International Arbitration in International Construction Contracts. H.E. Prof. Dr. Yehia EL Gamal 2003
13 - Morad Mahmoud ELMawagdah (Masters)-(Jordanian) = Lawyer Arbitration in the State Contracts, "A comparative study" . H.E. Prof. Dr. Yehia EL Gamal, 2002
  • This List does not contain all thesis which were examined by Judge Dr. Mohamed AM Ismail, as a panel examiner. This list does not contain Students at the British Universities.

Resources

References