بسم هللا الرحمن الرحيم

ESLSCA

Business School

Subject: International Business Law

Final Exam (Take Home)

Date: Monday, April 14th, 2014 Time & Date of Submission: Thursday, April

17th, 2014 on or before end of business day

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Part I: Answer the following questions:

1- Explain the different elements required in a company’s contract.

2- Discuss the sources of Egyptian Commercial Law.

Part II: Indicate whether the following statements are true or false stating your legal ground:

1- Relative nullity of a contract means that anyone can challenge the validity of the contract.

2- The powers of the liquidator of a company are similar to those of the company’s manager.

3- A contract is the law of the contractors regardless of its legality.

4- Rights and obligations of any party to a contract cannot be assigned or delegated.

5- There are no specific procedure or time limit for disputes brought before the WTO Dispute Settlement

Unit.

Part III: Answer the following case:

In 2005, the Government of Egypt announced the sale of one of the public enterprises in an

international Auction. Mr. Samuel Morgan from Canada won the auction and concluded a contract

with the Egyptian Government that included an arbitration clause to submit all disputes arising out of

the contract to ICSID. After 6 years the Egyptian government discovered that the contract was

concluded following wrong administrative procedures, hence terminated the contract with Mr.

Morgan. Mr. Morgan considered this a breach of the contract by the Government of Egypt and

decided to bring an arbitration case against the Government of Egypt before the ICSID. Meanwhile,

the Government of Egypt brought a case before the Egyptian judge to avoid the arbitration case.

As the lawyer of Mr. Morgan, advise him on the procedures to be followed before ICSID and whether

or not the case may be accepted in Egyptian Court.

Good Luck