The law applicable to multinational electronic companies
Abstract
This study explored the legal frameworks surrounding cross-border companies, focusing on the challenges of determining the applicable law governing their incorporation and disputes arising from their operations. The primary aim was to identify the most appropriate legal framework to minimize judicial complexities and conflicts of laws. The study yielded several key findings, the most significant of which is that current legislative provisions related to electronic activities are inadequate to address the evolving nature of such companies, highlighting the urgent need for legal reform. Accordingly, the study concluded with a set of recommendations, notably: updating electronic transactions laws to provide suitable legal solutions—particularly regarding the applicable law—and promoting international cooperation to establish unified legal standards in this area.
Keywords:
Electronic companies, multinational, Applicable law, Articles of Association, Electronic disputes
How to Cite
Ebrahem Elssalehen Assalmy. (2025). The law applicable to multinational electronic companies . Al-Haq Journal for Sharia and Legal Sciences, 221-239. https://doi.org/10.58916/alhaq.vi.294
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
References
1.
First: Books:
2.
• Ibrahim Mohsen and Itisam Al-Shakirji, Multinational Corporations and State Sovereignty, 1st ed., Academic Book, Amman, 2015.
3.
• Abu Al-Ala Ali Al-Nimr, Scientific and Legal Problems in E-Commerce, 1st ed., Dar Abu Al-Majd for Printing and Publishing, 2004.
4.
• Ahmed Salama, Qualitative Private International Law: Electronic, Tourism, and Environmental Law, 1st ed., Dar Al-Nahda Al-Arabiya, Cairo, 2000.
5.
• Hossam El-Din Issa, Multinational Corporations, 1st ed., General Institution for Studies, Beirut.
6.
• Hassan Makkawi, Modern Communication Technology in the Information Age, 2nd ed., Dar Al-Masryia Al-Lubnaniyya, Cairo, 1997.
7.
• Khaled Mamdouh, Concluding the Electronic Contract, 2nd ed., Dar Al-Fikr Al-Jami'i, Alexandria, 2011.
8.
• Zainab Abdel Salam, Multinational Corporations, 1st ed., National Center, Cairo, 2014.
9.
• Abdel Sabour Abdel Qawi, The Legal Regulation of E-Commerce, 1st ed., Library of Law and Economics, Riyadh, 2012.
10.
• Abdel Wahid Karam, Dictionary of Legal Terms, Dar Al-Kotob Al-Qanuniyah, Al-Mahalla, 1995.
11.
• Essam Abdel Fattah Matar, E-Commerce in Arab and Foreign Legislation, Dar Al-Jamiah Al-Jadida, Alexandria, 2009.
12.
• Omar Saqr, Globalization and Contemporary Economic Issues, Dar Al-Jamiah, Egypt, 2003.
13.
• Imran Al-Sayeh, Private International Law, Libyan Academy of Arbitration, Tripoli, 2021.
14.
• Majid Aba Al-Khail, The Electronic Contract, 1st ed., Al-Rushd Library, Riyadh, 2009.
15.
• Mabrouk Al-Adeli, E-Marketing, 1st ed., Dar Amjad Publishing, Amman, 2015.
16.
• Muhammad Al-Mabrouk Al-Lafi, Conflict of Laws and International Jurisdiction: A Study of the General Principles and Solutions Established in Libyan Legislation, The Open University, Tripoli, 1990.
17.
• Muhammad Al-Matalqa, A Concise Introduction to E-Commerce Contracts, 3rd ed., Dar Al-Thaqafa Publishing House, 2011.
18.
• Muhammad Mansour, Electronic Liability, Dar Al-Jami'a Al-Jadida, Alexandria, 2009.
19.
• Munir Al-Janbihi and Mamdouh Al-Janbihi, Electronic Companies, 1st ed., Dar Al-Fikr Al-Jami'i, Alexandria, 2008.
20.
• Najm Abboud, Electronic Management and Knowledge, Dar Al-Bazouri, Amman, 2017.
21.
Second: Academic Theses and Legal Research:
22.
• Ibrahim Al-Rawashdeh, Contracting via Modern Electronic Means and the Applicable Law, Arab Journal of Scientific Publishing, Jordan, Issue 25, 2020.
23.
• Ibrahim Muhammad Al-Qaoud, "Multinational Companies and Investment in Libya," Journal of Legal and Sharia Sciences, Faculty of Law, University of Zawiya, Issue 8, 2016.
24.
• Ahmed Abbas Abdullah and Ahmed Muhammad Jassim, "The Role of Multinational Companies in the Global Economy," Journal of the Baghdad College of Economic Sciences, University of Baghdad, Issue 29, 2012.
25.
• Ahmed Abdel Aziz et al., "Multinational Companies and Their Impact on Developing Countries," Journal of Administration and Economics, Faculty of Administration and Economics, Al-Mustansiriya University, Issue 85, 2010.
26.
• Osama Majdoub Ghania Batli, "The Electronic Company Contract," Journal of Law, Abbas University, Khenchela, Issue 9, No. 1, 2022.
27.
• Ihab Abdel Rahman, "The Legal System of Electronic Companies in Light of Artificial Intelligence Technology," Legal Journal, Faculty of Law, Khartoum, Cairo University, Issue 8, 2022. • Tamer Al-Saidi and Basem Alwan, "The Legal Nature of E-Companies," Middle East Journal of Legal Studies, Manar Al-Sharq Studies website, 2023.
28.
• Hakima Masoudan and Khamri Ammar, "The Concept of Distinctive Performance as a Criterion for Determining the Law Applicable to Commercial Contracts," Academic Journal of Legal Research, Vol. 13, No. 2, 2022.
29.
• Ziad Al-Anzi, "The Principle of the Parties' Freedom to Choose the Law Applicable to International Trade Contracts," University of Sharjah Journal of Sharia and Legal Sciences, Vol. 13, No. 2, 2016.
30.
• Zeina Ghanem Abdul-Jabbar, "E-Companies and Their Legal Nature," Al-Rafidain Journal, University of Mosul, Vol. 11, No. 39, 2009.
31.
• Salima Ghoul and Ali Mihoub, "The Law Applicable to E-Commerce Disputes," Legal Researcher Journal of Legal Studies, Shadhli University, Vol. 1, No. 1, 2020.
32.
• Samir Khalifi, "International Substantive Rules as a Mechanism for Regulating E-Commerce Transactions," PhD Thesis, Faculty of Law, Mouloud Mammeri University, 2018.
33.
• Mustafa Attia Ibrahim, "The Legal System of Multinational Enterprise Contracts," Journal of Al-Isra University College of Social and Human Sciences, Vol. 5, No. 10, 2023.
34.
• Mufida Al-Mazri and Warda Salmi, "Multinational Enterprises and the Economies of Developing Countries," Elise Journal of Research and Studies, University Center, Algiers, Vol. 5, No. 1, 2020.
35.
• Manal Aissou, "E-Commerce Companies," Master's Thesis, Faculty of Law, University of Algiers 1, 2021.
36.
• Nasser Hamoudi, "Electronic Contract Tendencies: The Crisis of Conflict of Laws Methods and the Emergence of Electronic Substantive Law as an Alternative," Al-Maaref Journal, University of Al-Aqeed, Bouira, Vol. 5, 2008.
37.
• Nafie Bahr Sultan, Conflict of Laws in E-Commerce Disputes, "PhD Thesis," College of Law, University of Baghdad, 2004.
38.
Third: Websites:
39.
• Amazon websites for Arab countries: amazon.eg; amazon.sa; amazon.ae
40.
• Tabadul Marketing and Electronic Services website https://tabadull.com/ar
41.
• My company website: https://shirkaty.com/b /شركة-اوازون-amazon
42.
• Mersal website: https://www.almrsal.com/post/1098749
43.
• Noon Post website: https://www.noonpost.com
44.
• The official website of the Dubai International Financial Centre: https://www.difc.com
45.
Fourth: Laws and Judicial Rulings:
46.
• The Libyan Civil Code of 1954 and its amendments.
47.
• Law No. (6) of 2022 on Libyan Electronic Transactions.
48.
• Law No. (9) of 2010 on the Promotion of Investment.
49.
• Commercial Activity Law No. 23 of 2010.
50.
• Egyptian Civil Code No. 131 of 1948 and its amendments.
51.
• Mauritanian Legal Order No. 89-126 issued on December 14, 1989.
52.
• Tunisian Private International Law, No. 97 of 1998, dated November 27, 1998.
53.
• General Corporations Law of the State of Delaware, United States, 2010.
54.
• Companies Law of the United Kingdom, 2006.
55.
• Regulation on the Rome I Convention on the Law Applicable to Contractual Obligations, issued by the European Parliament and the Council in 2008.
56.
• The Hague Convention on the Law Applicable to International Sales, 1955.
57.
• Journal of the Libyan Supreme Court, several years, published periodically by the Technical Office.
