Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration
At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of...
Saved in:
| Main Author: | |
|---|---|
| Format: | Thesis |
| Published: |
AUC Knowledge Fountain
2022
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613421170589696 |
|---|---|
| access_status_str | Open Access |
| author | Badr Eldin, Ahmed |
| author_browse | Badr Eldin, Ahmed |
| author_facet | Badr Eldin, Ahmed |
| author_sort | Badr Eldin, Ahmed |
| collection | Thesis |
| description | At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of the opportunity to resort to international arbitration. Beyond that, it affirmed that its decisions aimed at protecting the state’s wealth and economy, and encouraging serious investments. However, when Egypt, upon nearly identical circumstantial evidence invoked the issue of corruption as a public policy consideration before ICSID arbitration, it was discarded due to lack of evidence. This paper compares the position of both the national court and the international arbitral tribunal when allegations of corruption, as a transnational public policy consideration, are raised. The study believes that the Court reversed fundamental legal principles of the national law, and maneuvered the concept of transnational public policy to produce a plausible, yet not sound conclusion in the realm of both the national judicial system and international arbitration. Further, this paper suggests that the court’s attempt to safeguarding the Country’s public wealth actually jeopardized justice, the state’s economy, and its investment credibility. |
| format | Thesis |
| id | oai:fount.aucegypt.edu:etds-2891 |
| institution | American University in Cairo (Egypt) |
| last_indexed | 2026-06-10T12:35:51.500Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from AUC Knowledge Fountain — bepress |
| publishDate | 2022 |
| publishDateRange | 2022 |
| publishDateSort | 2022 |
| publisher | AUC Knowledge Fountain |
| publisherStr | AUC Knowledge Fountain |
| record_format | dspace |
| source_str | AUC Knowledge Fountain — bepress |
| spelling | oai:fount.aucegypt.edu:etds-2891 Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration Badr Eldin, Ahmed At the beginning of 2011, Egypt witnessed radical political developments that led to the emergence of a pressing tendency to adjudicate the collapsed regime’s policies and practices. Shortly thereafter, the Egyptian State Council issued a number of judicial decisions that confirmed that the sale of the privatized governmental enterprises had been tainted by corruption. Crucially, the Court maintained that flagrant breach of law, regulations, and administrative orders that encompassed these transactions created serious suspicions about corruption committed by public officials and investors. It concluded that the existence of corruption, as a transnational public policy consideration, had deprived foreign investors of the opportunity to resort to international arbitration. Beyond that, it affirmed that its decisions aimed at protecting the state’s wealth and economy, and encouraging serious investments. However, when Egypt, upon nearly identical circumstantial evidence invoked the issue of corruption as a public policy consideration before ICSID arbitration, it was discarded due to lack of evidence. This paper compares the position of both the national court and the international arbitral tribunal when allegations of corruption, as a transnational public policy consideration, are raised. The study believes that the Court reversed fundamental legal principles of the national law, and maneuvered the concept of transnational public policy to produce a plausible, yet not sound conclusion in the realm of both the national judicial system and international arbitration. Further, this paper suggests that the court’s attempt to safeguarding the Country’s public wealth actually jeopardized justice, the state’s economy, and its investment credibility. 2022-01-31T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/1872 https://fount.aucegypt.edu/context/etds/article/2891/viewcontent/Ahmed_Badreldin_Thesis.pdf Theses and Dissertations AUC Knowledge Fountain Omar Effendi Union Fenosa International commercial arbitration Transnational public policy Corruption Evidentiary Matters burden of proof Circumstantial evidence Jurisdiction Admissibility Civil Law Civil Procedure Contracts Courts Criminal Procedure Dispute Resolution and Arbitration Evidence Government Contracts Judges Jurisdiction Litigation Rule of Law |
| spellingShingle | Omar Effendi Union Fenosa International commercial arbitration Transnational public policy Corruption Evidentiary Matters burden of proof Circumstantial evidence Jurisdiction Admissibility Civil Law Civil Procedure Contracts Courts Criminal Procedure Dispute Resolution and Arbitration Evidence Government Contracts Judges Jurisdiction Litigation Rule of Law Badr Eldin, Ahmed Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration |
| title | Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration |
| title_full | Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration |
| title_fullStr | Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration |
| title_full_unstemmed | Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration |
| title_short | Omar Effendi vs. Union Fenosa: Corruption as a Transnational Public Policy Consideration |
| title_sort | omar effendi vs union fenosa corruption as a transnational public policy consideration |
| topic | Omar Effendi Union Fenosa International commercial arbitration Transnational public policy Corruption Evidentiary Matters burden of proof Circumstantial evidence Jurisdiction Admissibility Civil Law Civil Procedure Contracts Courts Criminal Procedure Dispute Resolution and Arbitration Evidence Government Contracts Judges Jurisdiction Litigation Rule of Law |
| url | https://fount.aucegypt.edu/etds/1872 https://fount.aucegypt.edu/context/etds/article/2891/viewcontent/Ahmed_Badreldin_Thesis.pdf |
| work_keys_str_mv | AT badreldinahmed omareffendivsunionfenosacorruptionasatransnationalpublicpolicyconsideration |