+ All Categories
Home > Documents > Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his...

Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his...

Date post: 23-May-2020
Category:
Upload: others
View: 11 times
Download: 0 times
Share this document with a friend
18
1 CURRICULUM VITAE Dr. Mohamed A. M. Ismail LLB, LLM, PhD- (Cairo University) (FCI Arb-U K) Judge at the Appeal Administrative Court (Contracts Circuit) Vice-President of the Egyptian "Conseil D'Etat" Senior Legal Adviser for the Ministry of Justice, Kingdom of Bahrain State Prize Laureate – Academic Legal Research- "Arab Republic of Egypt"- 2011/2012 10 Street 152, Maadi, Cairo, Egypt. Tel.: (+202)2 378 2474 Fax: (+202)2 359 5925 Mobile (Bahrain) : 0097333042888-0097336182244 Mobile (Egypt): (+20100) 118 0888 Email: [email protected] Website: www.drmohamedismail.com Awards: State Prize Laureate - Academic Legal Research- "Arab Republic of Egypt"- 2011/2012: The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in academia in the Middle East and North African (MENA) region, since 1958. The Panel which consists of the most six eminent professors in the MENA region decided to grant the Prize after scrutinizing Dr. Ismail's academic legal research which was submitted in Oct. 2010. Education Fellowship of the Chartered Institute of Arbitrators (FCI Arb-UK) 2011 Passed seven parts of assessment of the Fellowship at the UK. This is the highest status in International Arbitration worldwide. The Fellowship is an honor. It is a privilege. It is the highest academic and professional qualification worldwide in the field. (see: Arbitrators.org). The first judge in the Egyptian Judiciary to obtain the Fellowship. The Chartered Institute of Arbitrators was founded in 1914 at the UK and it has many branches worldwide. Passed Membership exams in 2002. Membership No. 19735.
Transcript
Page 1: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

1

CURRICULUM VITAE

Dr. Mohamed A. M. Ismail LLB, LLM, PhD- (Cairo University)

(FCI Arb-U K)

Judge at the Appeal Administrative Court (Contracts Circuit)

Vice-President of the Egyptian "Conseil D'Etat"

Senior Legal Adviser for the Ministry of Justice, Kingdom of Bahrain State Prize Laureate – Academic Legal Research- "Arab Republic of Egypt"- 2011/2012

10 Street 152,

Maadi, Cairo, Egypt.

Tel.: (+202)2 378 2474 Fax: (+202)2 359 5925

Mobile (Bahrain) : 0097333042888-0097336182244

Mobile (Egypt): (+20100) 118 0888

Email: [email protected]

Website: www.drmohamedismail.com

Awards:

State Prize Laureate - Academic Legal Research- "Arab Republic of Egypt"- 2011/2012:

The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal

research (books) in Arabic and English. This is the highest award in academia in the

Middle East and North African (MENA) region, since 1958. The Panel which consists

of the most six eminent professors in the MENA region decided to grant the Prize after

scrutinizing Dr. Ismail's academic legal research which was submitted in Oct. 2010.

Education

Fellowship of the Chartered Institute of Arbitrators (FCI Arb-UK) 2011

Passed seven parts of assessment of the Fellowship at the UK. This is the highest status

in International Arbitration worldwide. The Fellowship is an honor. It is a privilege. It

is the highest academic and professional qualification worldwide in the field. (see:

Arbitrators.org).

The first judge in the Egyptian Judiciary to obtain the Fellowship. The Chartered Institute

of Arbitrators was founded in 1914 at the UK and it has many branches worldwide.

Passed Membership exams in 2002. Membership No. 19735.

Page 2: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

2

PHD (Honors) Cairo University - Egypt - May 2000

PhD in International Construction Contract Arbitration, States' Contracts. The

Thesis discussed infrastructure Project Contracts in Egypt and developing countries

adopting the civil law legal culture and containing foreign private entities.

The main concern of the thesis is to prove the deterioration of ' Le Contrat

Administratif' in civil law countries. This was done through examining the new

legal nature of the contracts and arbitrations. The new conditions of the new

administrative contracts were analyzed and concluded that the contracts have a

new legal hybrid nature. This entailed the use of new mechanisms in the

settlement of resulting disputes, particularly arbitration; in details ( both FIDIC

form of contracts and ICC arbitration have a special significance in the study).

The thesis consists of two sections. The first section is a comparative study to the

French legal system. The second section is a complete comparative study to the

common law jurisdictions (this was made possible by living in London for more

than one year, as a student in the University of London).

PhD Research student on International Construction Contract Arbitration. (IALS)

London. Aug 1994-Sept 1995.

LLM Cairo University - Egypt - Oct 1992

Masters degree in Law, including two post graduate diplomas; the first diploma

was obtained in Criminal Law and the second diploma in Public Law. (Two

calendar years).

LL B Cairo University - Faculty of Law - May 1988

Bachelor’s degree in Law - four years of study. (75%)

Selected as the fourth outstanding student out of 4500 students during the first

academic year ' Law School' (1984/1985).

The first outstanding ( highest grade) student among the high school graduates to

enter the Cairo University Law School, out of 4500 students, Oct. 1984.

PROFILE:

Visiting Fellow at Max-Planck Institute for Comparative and International Private

Law, Hamburg. A monograph, with a German publisher, will appear in July,

2015. The new monograph deals with infrastructure agreements in the MENA

region, particularly PPPs, in the light of PPPs law no. 67 of 2010 in Egypt and its

executive regulations.

Page 3: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

3

Submitted a book chapter for an edited monograph to Max-Planck Institute for

Comparative Public Law and International Law, Heidelberg, about ‘Harmonizing

Private-Public Arbitration and Arab Legislation Constrains’, particularly, PPPs

and arbitration in Egypt, in the light of the Egyptian PPP law, no. 67 of 2010. The

book chapter was accepted for publishing with a leading publisher (CUP or OUP).

Appointed as member of the Advisory Board of the " The International Journal

of Legislative Drafting and Law Reform",I.A.L.D.L.A.R.L , UK. The law Journal

was one of the Institute of Advanced Legal Studies (IALS) publications,

University of London, UK.

Please visit: www.ialdlarl.org.uk/#%21journal/vstc2=article-3

Please visit the website: www.ialdlarl.org.uk

Currently selected as an ' Independent Expert Witness' by foreign investors,

in one of the leading and most famous ICSID arbitration cases at the World

Bank. Arbitration is against the Egyptian government (investor-state

arbitration). Selection was made by Freshfields, Paris.

(The High Committee of Judges at the Egyptian Conseil d'Etat advised to suspend

the process, to fulfill certain procedural stipulations).

Judge in the highest level of the Arab Judiciary (Le Conseil D’Etat) (State

Council) concerned with human rights and political liberties in Egypt. The job

description includes handling various kinds of disputes between the State and

individuals, of which disputes between the State and local, as well as foreign

investors, are the fundamental scope of work; in addition to reviewing State

contracts with multinational private legal entities. The Egyptian Conseil d'Etat

is the most eminent judicial organ in the MENA region, following the French

Conseil d'Etat since 1946, the date when the Egyptian Conseil d'Etat was

established.

Senior Visiting guest speaker at British universities (University of London).

Senior Visiting Professor for post graduate studies in Cairo University and

Speaker in many conferences on international arbitration, international

business transactions as well as on issues related to arbitration in State contracts

between third world governments and foreign private legal entities. (Cairo

Regional Center for International Commercial Arbitration-CRCICA, and Cairo

University).

Senior Visiting Professor and speaker in many conferences on international

arbitration in Arab countries (Egypt-Gulf States). A guest speaker at the

University of London, 29th of Nov., 2013. The SOAS radio will broadcast the

lecture on Air.

Senior External Examiner at the PhD and Masters levels, at the British and

Arab universities, on International arbitration, and International Business

Transactions, particularly construction contracts and arbitration – State contract

Page 4: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

4

arbitration with private foreign entities concerning various kinds of international

contracts). External Examiner for Higher Doctorate at British Universities. In

Arab Universities, The PhD exam panel consists of three professors. The panel in

most exams was headed by H.E Prof Dr Yehyia El Gamal, former Vice-Prime

Minister in Egypt, 2011, and former minister, 1974. Some other PhD exams were

headed by Prof Dr Sabry El Senoosy, Cairo University and H E Prof Dr Anas

Gaffar, Former Minister.

Dr. Ismail has published widely, among very few Arab academics and

practitioners, in the UK, USA, Germany, and in the MENA region, for both

academics and practitioners. Publications mainly focus on international

arbitration and developing states' international infrastructure agreements as

well as energy contracts. In addition, some publications deal with

constitutional law and international relations. These publications reflect

international and comparative perspectives, particularly after the Arab

spring revolutions.

Speaker in international conferences in international arbitration, and submitted

hundreds of papers to international conferences, top ranking international

periodicals at the UK, Germany, Europe, and MENA region, Arab universities,

academic research centers, Arab league, and international arbitral institutions in

the MENA region ( CARCICA, BCDR-AAA).

Senior Legal Advisor for the Egyptian highest administrative authorities (former

Legal Advisor for H.E the Egyptian Minister of Petroleum) dealing with

international business transaction when the State is a party to the

transaction. Head of the Egyptian legal team negotiating and drafting LNG

contracts and transactions from Oct. 2000 till Oct. 2002. Selecting and

contacting major British law firms in London as international consultants for

the project. (Shearman Sterling), Senior Legal Advisor for the Egyptian

General Authority for Investment and Free Zones (GAFI). Senior Legal

Advisor for H.E the Egyptian Minister of Trade and Industry. Specialized in

drafting EPC, PPPs agreements.

Arbitrator in international business transactions and International Construction

Contract Disputes. (Presiding and Co-arbitrator). A list of arbitrations can be

provided upon request.

Broad knowledge of international arbitration and investment legal issues in

developing countries, especially arbitration in international business transactions.

Unique perspective on how to encourage foreign direct investments (FDI) and

local exporters. Unique ideas on tax exemptions for exports as well as on

withholding taxes.

Professor of administrative law for master’s degree at the Royal Academy of

Police, Kingdom of Bahrain.

Experience in dealing with different legal cultures and different communities,

especially international companies as well as local and international investors.

Page 5: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

5

Interviewed, since 2002, as a guest by the Egyptian TV in many Channels

(English and Arabic) discussing legal issues, investment legislation policies,

copyright law issues, international business transaction arbitrations, ADR

mechanisms, constitutional law in Arab countries with a comparative perspective

with USA , French and German constitutions, international foreign policy and

international relations in the domain of Public International Law; in addition to

many other political and economic issues such as PPPs and infrastructure legal

framework in developing countries.

Author at the Arab press since 2001, particularly El Ahram, and El El Akhbar

newspapers, the widest circulating daily newspaper in Egypt and the Arab world.

Work experience:

Currently a Senior Legal Adviser at the Legislation and Legal Opinion

Commission, Ministry of Justice, Kingdom of Bahrain. Started at 25th of

August, 2013, and signed a contract for two years.

Responsible for international treaties, international state transactions with domestic

and foreign private entities, international administrative contracts , and member of

the Editorial Board of ‘El Qanoonya’ Law Journal. Responsible for launching

the first edition of the law journal at the Kingdom of Bahrain and the Arab

region. The law journal is the official law journal of the Legislation

Commission of the Bahrini Ministry of Justice. First edition to be published by

Dec., 2013.

Drafting legal opinion regarding international administrative contracts, of the

Kingdom of Bahrain.

Reviewing the Kingdom of Bahrain international treaties, administrative contracts,

domestic and international.

Judge in the Egyptian Conseil D’Etat (State Council) – June, 1993 and until

present

Vice-President of the Egyptian Conseil d'Etat, since June 2008, Judge at

Appeal Administrative Court, for five years, (domestic and international

contracts circuits) – Judicial Center for Research and Studies, Le Conseil

d’Etat

= Judge (June 1993 – to date). Counselor since 15/7/2004 and Vice- President of

the Conseil D'Etat (State Council) since the Presidential Decree on 15/6/2008.

Key responsibilities:

Professor at the Judicial Center for Research and Studies, Le Conseil d'Etat,

Egypt. Lecturer for judges in the Egyptian and Arab judiciary. Member of H E

Page 6: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

6

the President of the Conseil D’Etat (State Council) office since Oct. 2012 till

present.

Judge at the Appeal Administrative Court, Contracts Circuit, five years:

* Writing detailed, reasoned and enforceable judgments for the cases of the

Administrative Court of Appeal (Contracts circuit), for five years. Some

judgments are related to arbitration in state contracts in various economic sectors.

* Forming new legal ideas in the settlement of disputes between the State and

individuals concerning proper application of the rule of law in Egypt. The Conseil

D’Etat (State Council) is one of the guarantees of democracy in Egypt; it protects

individuals from illegal acts undertaken by the government, based on

administrative decrees, contractual liability and tort.

* Most of the administrative law rules were created by the Egyptian Conseil D’Etat

(State Council) since 1946 following the French Conseil D’Etat (State Council).

Since The Administrative law is not codified, the Conseil D’Etat (State Council)

judges played a significant role for more than six decades to codify these rules in

their judgments.

* Developing new interpretations of the Egyptian legislations in applying these

rules to the facts of existing cases. The Conseil D’Etat (State Council) is not only

applying and creating the Administrative Law rules, but is also applying

constitutional rules, civil law rules, general principals of law,... etc.

* Sitting as a Judge in administrative courts (first instance courts) during the

judicial year Oct. 2002/Oct. 2003.

* Member of H E the President of the Conseil D’Etat (State Council) office from

Oct. 2000 Till Oct. 2002, helping in summarizing judicial precedents of the

Egyptian Supreme Administrative Court, especially contract circuits, among other

activities; in addition to directing the Judicial Institution.

* Senior Member of the Legal Opinion (Fatwa) Department in the Egyptian Conseil

D’Etat (State Council) advising ministries and governorates, drafting legal

opinions, and reviewing all kinds of State contracts with local and international

private legal entities. These contracts are mainly covering the state

(L'administration) infrastructure projects, oil and gas agreements, transportation,

and energy sector. Member of the General Assembly for Legal Opinion ( Fatwa)

and Legislation, the highest authority in legal opinion (Fatwa) in the MENA

region.

* Senior Legal Advisor for H.E the Egyptian Minister of Trade and Industry

(May 2006 - May 2008 )

- Senior Legal Advisor at the Ministry for all legal issues related to internal trade,

trade chambers and the General Union of Trade Chambers.

- Drafting Legal opinions in various areas of law.

Page 7: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

7

- Participated in solving some problems concerning international trade (strategic

corps imports) which raise the issues of international trade law, international sale

of goods (ICC Incoterms), letters of credit international trade law, and

international commercial arbitration.

Senior Legal Advisor at the Egyptian General Authority for Investment and

Free Zones (GAFI) (Nov. 2004 – Oct 2006)

- Drafting legal opinions on various issues related to the proper application of the

Companies Law No.159 of 1981 in Egypt and the Investment Law No.8 of 1997.

- Advising and drafting legal opinions concerning new amendments to the

Investment Incentives and Guarantees Law as a legal advisor for GAFI in Egypt.

- Head of the Committee for the Assessment of In-kind Shares for the purpose of

company mergers and other purposes as stipulated in the Joint Stock Companies

Law No.159 of 1981 and its executive regulations.

- Represented the Egyptian government In the UN in Geneva (UNCTAD) in

BITs conferences.

Member of the Judicial Committee of the Egyptian Patent Offices, Scientific

Research Academy, Ministry of Higher Education and Scientific Research

- Applying Intellectual Property Law No.82 of 2002 in the settlement of disputes

between applicants and the office. (Appointed from 2002 till 15th of May 2006 by

a ministerial decree issued by H.E the Minister of Higher Education and Scientific

Research). Dealing with all issues related to intellectual property law.

Senior Legal Advisor for H.E the Egyptian Minister of Petroleum (Oct 2000 -

Oct. 2002)

Key Responsibilities

Senior Legal Advisor responsible for the LNG (Liquefied Natural Gas) Project in

Idku, the leading project in the country and one of the biggest around the world.

Managing and leading negotiations on behalf of the Egyptian government with

British Gas and Edison companies for two years.

Achieved significant results in creating new rules in international business

transactions, especially in the LNG Export Project Agreement (LEPA) – with a

total value of USD 2 billion. This agreement was made by and between the

Egyptian General Petroleum Corporation (EGPC) and between British Gas (BG)

and Edison.

Negotiated, reviewed, and signed on behalf of the Egyptian government The Gas

Sales Purchase Agreement (LNG Project). The agreement was made by and

between EGPC, E gas, BG and Edison on one hand and GDF (Gas de France) on

the other part .The total value of the agreement was USD 10 billion over a period

of twenty years.

Page 8: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

8

Negotiated and reviewed, on behalf of the Egyptian government, the EPC

contracts for the LNG plant in Idku (Egypt) with the contractor (Bechtel). The

value of the first train was around one billion US Dollars.

Selected and screened an international consultant for the project from the major

British law firms (Shearman Sterling-Egyptian Government International

Council) (London - Summer 2001).

Visited London many times during 2001/2002, to select an international

counsel for the Egyptian government, and interviewed many British law

firms such as Linklaters, Baker and Mackenzy (London), Freshfields,

Clifford Chance, and others. Contacting law firms in London and Cairo on a

daily basis. Drafting and negotiating contracts with Shearman Sterling, the

international counsel, and Baker and Mackenzy Cairo as a local counsel.

Drafting and reviewing many contracts and transactions on behalf of the Egyptian

Ministry of Petroleum.

Drafting legal opinions in many areas for H.E the Egyptian Minister of Petroleum.

Reasoning and drafting legal memorandums for H.E. the Minister for all

parliamentary occasions.

Drafting the speech of H.E to be delivered at the Parliament or the Shura Council.

Participating in writing reports for Egyptian newspapers concerning the success

achieved in the oil and gas sector.

Reviewing concession agreements to be promulgated as legislations by the

Egyptian Parliament pursuant to the Egyptian constitution.

District Attorney (D.A) - Central Cairo Office - Oct. 1991- June 1993

Key responsibilities

Undertook responsibilities of prosecuting heavy criminal cases in Central Cairo

Office.

Applied human rights and commercial concepts and principles through the

implementation of the criminal law rules.

Represented the Prosecution Authority objectively before criminal courts (first

instance and Appeal Criminal Courts) and participated in deciding whether or not

the evidence complies with human rights principles.

Exercised experience in the criminal commercial cases and helped to prove

whether or not was necessary before criminal courts.

Training Lawyer - Oct. 1988 - Oct. 1991

- Professor Abdel Waddod Yehia Law firm, Professor of Civil Law - Cairo

University

Activities - Participated in preparing and drafting legal opinions for multinational companies in

Egypt.

Page 9: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

9

- Drafted legal pleadings for civil and commercial cases before arbitral tribunals and

courts.

- Reviewed international business transactions and drafted commercial contracts.

- Drafted legal pleadings in commercial arbitration disputes.

Professional Qualifications and Associations

Fellow of The Chartered Institute of Arbitrators in London (FCI Arb) since

2011 (exams date) – 'Member since 2002'. (Membership number 19735). Passed

7 parts of assessment for fellowship at London, in 2010 and 2011. - Please visit:

www.Arbitrators.org

Member of the Comité Français D’Arbitrage-2002.

Member of the Egyptian Association of International Law.

Registered arbitrator in London Court of International Arbitration, (LCIA)-

(Process is in Progress).

Registered as a member of the Egyptian Tennis Federation (ETF), Cairo,

(Member ID 7632).

Seminars and Conferences Attended( most important)

Guest speaker at the University of London, 29th of Nov., 2013. Lecture was

broadcasted on air by SOAS radio..

Participated as a speaker in hundreds of international conferences and seminars in

the MENA region and submitted hundreds of papers concerning international

commercial arbitration, international investment arbitration(investor-state

arbitration), investment legislation policies, international business transaction

arbitrations, ADR mechanisms, constitutional law in Arab countries with a

comparative perspective with USA , French and German constitutions,

international foreign policies and international relations in the domain of Public

International Law, intellectual property law issues ; in addition to many other

political and economic issues such as PPPs and infrastructure legal framework in

developing countries.

Currently participated in an international conference organized in cooperation

with the French Conseil d'Etat regarding the Egyptian Conseil d'Etat role in the

transitional period and the role of the current judgments in Egypt to promote

democratic process after Jan. 2011 revolution.

International Investments Law and sustainable developments, International

Conference at Columbia Law School, Vale Columbia center, USA, Nov 2009.

Page 10: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

10

Columbia Law School ranked as the 4th law school at the USA and the 9th

university in social sciences worldwide.

Human Rights Seminar on Liberalism and Civil Rights - Fredrich Naumann

Foundation - Tudor Heuss Academy, Köln, Germany - Summer 2001(two

weeks). (Speaker)

Human Rights Seminar on the Role of the Civil Society in the Political Life -

Fredrich Naumann Foundation - Tudor Heuss Academy, Köln, Germany -

Summer 2002 (two weeks). (Speaker)

Human Rights Seminar on Liberalism and Current Human Rights Issues -

(Minority rights, genocide, the International Criminal Court, etc). Fredrich

Naumann Foundation - Tudor Heuss Academy, Köln – Germany - May

2003(one week). (Speaker)

Private International Law Seminar, The Hague Academy of International Law –

Netherlands - Summer 1994 (three weeks).

Represented the Egyptian Ministry of Petroleum in many oil and gas conferences.

Represented the Ministry in gas contract negotiations in London, and the

contacting point with the ministry's international council in London ( Shearman

Sterling), 2000-2002.

Represented The Egyptian General Authority for Investment and Free Zones

(GAFI) in The UN (UNCTAD) in conferences held in Geneva on Bilateral

Investment Treaties (BITs) between States.

Participated in many seminars on international business transactions, international

construction contracts (public works) arbitration, human rights, and International

Commercial Arbitration ( as speaker at Cairo Regional Center for International

Commercial Arbitration- CRCICA, since 1996 and BCDR-AAA in Bahrain);

the Arab League, as well as participated as a speaker in FDI seminars and

conferences.

Publications (Most important)

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. 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

Page 11: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

11

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).

Two book reviews were published for this book. The first in Global Arbitration

Review(GAR), March 2014, and the second in The Chartered Institute of

Arbitrators Law Journal, August, 2014.

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 10th – 12th

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

Page 12: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

12

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 18 63-09 87).

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. 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

Page 13: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

13

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 18 63-09 87).

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 97-614-

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.

Page 14: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

14

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 in Arab press particularly with El Ahram News

Paper,the widest circulating daily newspaper in Egypt and the Arab world,

particularly in 2001, 2002, 2011, 2012, and 2013.

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).

Languages:

1 - Arabic: Mother tongue.

2 - English: Fluent reading, writing and speaking.

3 - French: Fair reading, writing and speaking

Page 15: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

15

* Obtained “Diplôme D'Etude de langue Française”(DELF). Le Centre Français de

Culture et de Cooperation – La Ministér de L'Education Francaise, L’embassade

de France-Le Caire. 2000.

* Obtained unit “B4” of the “Diplôme Approfondi de Langue Française”(DALF) - Le

\Centre Français de Culture et de Cooperation- La Ministér de L'Education

Francaise, L’embassade de France-Le Caire.

Personale Information:

Date and place of Birth: November 24, 1967 – Cairo, Egypt.

Nationality : Egyptian

Marital Status : Married with two children in The Modern English School in

Cairo, British curriculum (leading to IGCSE or IB Diploma). The first school

in Egypt to be awarded the Cambridge University Beacon Award.

Page 16: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

16

PhD and Master's Thesis in which Judge Dr. Mohamed AM Ismail Was

Participated as an Examiner, 1 '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

(1) This List does not contain all thesis which were examined by Judge Dr.

Mohamed AM Ismail, as a panel examiner. This list does not include British

Universities’ candidates.

Page 17: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

17

Student Name and

Nationality

Thesis Title Panel President, Date

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

Page 18: Dr. Mohamed A. M. Ismail · The Prize was dedicated to Judge Dr. Mohamed A M Ismail for his distinguished legal research (books) in Arabic and English. This is the highest award in

18

Student Name and

Nationality

Thesis Title Panel President, Date

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


Recommended