International Investment Agreements in Egypt

By Professor Dr. Mohie El Din Ashmawi

The Ministry of Foreign Affairs of Egypt plays an important role in the development and review of international contracts in a range of investment sectors. In my position with the Ministry, I work with many other ministries in the design, development, and negotiation of contracts in all sectors. Over the past 4 - 5 years, with the advent of build-operate-transfer (BOT) contracts in the energy, water, and transportation sectors, our role has increasingly turned to reviewing the contract clauses that specifically deal with implementation issues and dispute resolution mechanisms. A burgeoning new sector, the information and communications technology (ICT) sector, also offers promising new possibilities for the country, as the private sector will likely take a lead role in the development of this exciting sector.

My work in the International Cooperation Sector of the ministry focuses mainly on the bilateral and multilateral contacts we have with various donor agencies. Our unit's role is to ensure that the contractual obligations of both the Government of Egypt and the donor agencies are being upheld. We also participate actively in the annual negotiations over project funding levels and the allocation of those funds to the different ministries and other government agencies.

I enjoy my work tremendously as it deals constantly with the "cutting edge" legal issues facing Egypt in a number of sectors (energy, water, ICT, transportation, industry) and in a number of legal areas (contract clauses, negotiation, arbitration, and mediation). With Egypt focusing more and more on a private sector led development program, this has opened new areas of law for the Ministry to manage, all of which is both intellectually and professionally challenging for myself and my colleagues in public service.

What I enjoy most though, is being able to take my direct, practical experience from my work and put it into the classroom. As a professor of law, I teach courses to both students and professionals on international contracting, service agreements, licensing agreements, concession agreements, and arbitration/mediation. As a practitioner of law, I can bring "real life" examples into my curriculum design and actual teaching sessions. What I have learned from my training experience at IP3 has also tremendously contributed to my effectiveness as a professor and negotiator of international contracts. The exposure I received in Washington at IP3, with experts and colleagues, has opened my eyes to international best practices and areas of opportunity for change.

Negotiating and monitoring international agreements will continue to be a critical function for the Ministry of Foreign Affairs, particularly in the changing economic environment of Egypt. Egypt overall is currently facing economic challenges that can only be overcome by fostering savings and investment, which will result in greater levels of employment. I truly believe that promoting domestic and international investment into key sectors of the economy that were once government dominated, is the cornerstone to our economic potential. The use of public-private partnerships, as a mechanism to foster competition, increase investment, and promote greater transparency, accountability, and corporate governance, will be an integral part of Egypt’s development program.