Including: Legislation; Arbitration agreements; Procedure; Evidence; Confidentiality; Courts and arbitration; Remedies; Appeals; Costs; Enforcement.
Decree 8310/2008 created various unconstitutional obstacles to the enforcement of arbitration awards in Egypt. This decree is now being challenged before the courts. One case brought before the Administrative Court challenged the courts' refusal to initiate enforcement proceedings for an arbitration award until a judgment in a nullity action brought against the arbitration award had been issued.
Ostensibly, the minister of justice has issued Decree 8310/2008 to regulate the deposition of arbitration awards with the courts. The deposition of an arbitration award is one of the steps required for enforcement under the Arbitration Law. However, for as yet undisclosed reasons, the minister also chose to introduce what are regarded by some as unconstitutional obstacles to the enforcement of arbitration awards.
The Cairo Court of Appeal recently confirmed its restrictive approach in setting aside arbitral awards, particularly in the context of international commercial arbitration. The court confirmed and upheld the universal principle of severability of the arbitration agreement and ascertained the existence of a simple presumption that an arbitral award is presumed to have been rendered after due deliberations unless proven otherwise.
In a recent case the respondent requested the annulment of an International Chamber of Commerce arbitral award rendered in arbitral proceedings commenced by the plaintiff and others. The Cairo Court of Appeal set aside and annulled the arbitral award on account of its violation of Egyptian public policy.
The Constitutional Court is the judicial authority entrusted with assessing the conformity of Egyptian laws with the Constitution. In recent years it has examined the constitutionality of certain provisions of the Arbitration Law and the new Commercial Law. The arbitration-related provisions pertained to, among other things, technology transfer disputes.
The Constitutional Court is the judicial authority entrusted with assessing the conformity of Egyptian laws with the Constitution. In recent years it has examined the constitutionality of certain provisions of the Arbitration Law and the new Commercial Law. The arbitration-related provisions pertained to, among other things, the process of challenging arbitrators.
The Arbitration Law sets out various requirements for arbitral awards. It provides that arbitral awards may not be appealed. Instead, a nullity action is the only means of recourse against an arbitral award rendered in Egypt or pursuant to the Arbitration Law.
The Cairo High Court of Appeals recently judged the scope of an action for nullity of an arbitration award. The court ruled that an arbitration award cannot be reviewed on its merits and that the reasoning for an award cannot be reconsidered. Moreover, attempts should not be made to second-guess the interpretation of the relevant law and contractual clauses.