Abstract

Privatization is a program first applied in Britain to reform the public sector, mainly to decrease its burden on government spending. Although many countries have successfully followed suit, such as Brazil, such was not the case in Egypt. This failure has become even more apparent after the 25 January Revolution in 2011, in the wake of which many Egyptian citizens and workers filed cases against entities responsible for various public sector projects. One such entity was the Omar Effendi Company, which was purchased by the Saudi Anwal Company in 2008. In 2010, a case was filed against the buyer before the Administrative Court, claiming that the contract for the sale of Omar Effendi was null and void. While the Court concurred with this claim, its decision was criticized on several grounds: competence; arbitrability, specially that previous arbitral award regarding the same issue had been handed; and, that the contract imposed illegal obligations on the buyer. Through a critical reading of the Omar Effendi case materials, including party memoranda and supporting documents, this thesis argues that the Administrative Court judgment was in violation of the law.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Graduation Date

2-1-2012

Submission Date

January 2013

First Advisor

El Shalkany, Amr

Committee Member 1

El Sayed, Hany

Extent

46 p.

Document Type

Master's Thesis

Library of Congress Subject Heading 1

Privatization -- Egypt -- Case studies.

Library of Congress Subject Heading 2

Privatization -- Law and legislation -- Egypt.

Rights

The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.

Institutional Review Board (IRB) Approval

Approval has been obtained for this item

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