International Construction Law Review
CONTRACTING WITH THE EGYPTIAN PUBLIC SECTOR: THE LEGAL FRAMEWORK, CONTRACT DRAFTING AND DISPUTE RESOLUTION
Kilian Bälz* 1
Partner, Amereller Rechtsanwälte PmbB
ABSTRACT
Egypt is a key market for international companies active in the infrastructure sector with a plethora of mega-projects, spanning from the construction of new cities to railways, ports and power stations. Navigating the market, however, can be challenging, in particular when dealing with the Egyptian public sector. Infrastructure contracts with the public sector (so-called “administrative contracts”) are subject to a special legal regime. Many of the mega projects are managed by entities of the military that play a key role in the Egyptian economy. Public budgets, furthermore, have been constrained in recent years. This article discusses the relevant legal, economic and political frameworks. The author argues that understanding the specific governance structures and adapting contract structures and dispute resolution mechanisms to local conditions is key to success in Egyptian infrastructure projects.
I. INTRODUCTION
Egypt is a key market for any international company active in the field of infrastructure: a plethora of mega-projects offer business opportunities that do not exist in mature European markets.2 This includes the construction of the New Administrative Capital east of Cairo and the New El-Alamein at the Egyptian North Coast,3 the privatisation and upgrading of container ports including Port Said, Damietta and Alexandria, and the construction of a 2,000 km high-speed train network spanning the country from north
* Dr Kilian Bälz, LL.M (London) is a partner at Amereller Rechtsanwälte PmbB, an international business law firm focusing on the MENA Region. Based in Berlin and Cairo, he advises international companies and financial institutions on projects across the MENA Region. He can be contacted at
kb@amereller.com.
1 I am indebted to my colleagues Farah Fawzy, LL.M (HU Berlin) and Anna Jenckel for research assistance.
2 An impressive list of projects is published on the official homepage of the Presidency of Egypt https://www.presidency.eg/en/ (last accessed 28 May 2025).
3 For background information see https://araburban.org/en/infohub/projects/?id=3939 (last accessed 28 May 2025).
Pt 3] Contracting With the Egyptian Public Sector: The Legal Framework
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