Harmonised commercial law principles in investor-state international commercial arbitrations among Euro-Med partners

This article provides a scholarly analysis of the overall international commercial arbitration laws, hereinafter (‘ICA’) of the MENA region with a specific focus on those of Egypt and the United Arab Emirates. Included is also an analysis of the landmark arbitrations case, Helnan International Hotels A/S and The Arab Republic of Egypt, ICSID Case No. 05/19. Additionally, this article highlights the unique aspects of Islamic or Sharia law in relation to commercial law and ICA. It includes discussions of expropriation, usury and custom in context; as they bear on the substantive questions related to ICA law within an Islamic framework. The almost certain customary usage of ICA for the resolution of commercial disputes is also an occurrence in Malta. This necessitates a harmonised ICA law to ensure that trade and investment contracts are protected in the event of a dispute.