A Practical Guide to Navigating Foreign Investors’ Claims in Egypt’s Energy and Minerals Sector

Egypt’s strategic location in the Middle East and North African (MENA) region attracts significant foreign investments in multiple sectors. In particular, it has become a regional hub for investments in the energy and minerals sector. (See Egypt’s Mining Sector: Towards Strategic Transformation, Egypt Oil & Gas, available at https://egyptoil-gas.com/features/egyptsmining-sector-towards-strategic-transformation) Mineral projects, however, are long-term and require legal and regulatory stability of government policies. Any shift in the government policies throughout the life of those projects, such as revoking licenses, banning export or import of materials, or abrupt legislative changes that interfere with the protections commonly afforded to investors under the applicable contracts, laws or treaties would lead to disputes between the investors and Egypt, as the host state, for violating those protections. This paper summarizes the legal framework governing the energy and minerals sector, the major protections available to foreign investors, and the recurring issues that arise in energy and minerals disputes involving Egypt, and the key Egyptian law concepts that should be taken into account by investors. The paper concludes with practical takeaways for investors who operate in the energy and minerals sector in Egypt.