Implementation Of The Foreign Arbitration Award In Egypt
Party's have the right to refer their dispute to arbitration, but it depends on the existence of an ‘Arbitration Agreement' between parties to the conflict. Arbitration is how the parties to a dispute get the matter settled through the intervention of an agreed third person. It is basically in a contractual form of legal statement for domestic or international conflicts.
Acknowledging the growing importance of international arbitration as a means of resolving commercial disputes at the international stage, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention1958”) aims to establish & provide common legislative standards for recognising arbitration agreement and the recognition & enforcement of foreign arbitral awards by courts.
Egypt is obligated to recognise foreign arbitral awards and consider them enforceable in its jurisdiction according to its domestic law as Egypt is a party to the Convention. However, the recognition and enforcement of the award can be refused by the judge ordering implementation of the award, but based on a request issued by the party against whom the award was made in certain circumstances, the most important of which are:
- The parties to the dispute did not consent to the composition of the arbitral panel (or the arbitral operations), or the arbitral proceedings were not compliant with the country's domestic legislation where the arbitration took place.;
- The opposition of the arbitral award via judicial precedence in Egypt or its contravention of public order and the validity of its declaration;
- The party who has not received the award in its favour was not informed of the arbitrator's appointment, the arbitral proceedings, or the fact that he or she could not present his or her case.
Furthermore, obtaining an order to implement the arbitral award from the President of the competent court is sufficient when the arbitral award is subjected to the provisions of the Egyptian Arbitration Law. Furthermore, the court's jurisdiction varies depending on the type of arbitration; if the arbitration is not of an international commercial nature, the jurisdiction is determined by the court initially competent to hear the case; if the arbitration is of a global commercial nature, the Cairo Court of Appeal has jurisdiction, unless the parties agree for appeal in the jurisdiction of another court in Egypt.
On the other hand, if the foreign arbitral award has not been agreed upon by the parties to implement the provisions of the Egyptian Arbitration Law, then the party to whom the award was granted must file a case following the standard procedures stipulated in the Civil and Commercial Procedures Law and according to the New York Convention 1958. The Court of First Instance, which is to be executed in its Chamber, would have jurisdiction over such cases.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre shall not be responsible for any errors caused due to human error or otherwise.