Egypt: Arbitral Award Enforcement-Youssry Saleh Law Firm

Egypt: Arbitral Award Enforcement

Youssry Saleh & Partners   22 Mar 2016   806 Views

Procedure for Foreign Arbitral Award (or arbitration award) Enforcement in Egypt :The competent court authorized to hear cases related to the enforcement of a foreign arbitration court: Chief Court of Appeal of Cairo is the competent authority

, unless otherwise agreed upon between the parties.

 Procedures of Foreign Arbitral Award (or arbitration award)  execution:

First: the provision of a foreign tribunal award, translated into Arabic language by a certified translator.

Second: the defendant notice of the award.

Third: the registration of the original award or the certified translated into Arabic language copy is made in the registry of the competent court (Chief Court of Appeal of Cairo). An official report on the delivery of a foreign arbitration court award is produced and its copy is obtained.

Important note:

 Technical Office of arbitration in the Ministry of Justice gives its opinion on the acceptance or rejection of the application of the award after checking the following conditions:

  • The decision of the arbitration court is not contrary to the public policy of the Arab Republic of Egypt or arbitration is not related to the issues that should not be resolved through conciliation.
  • The court, to which the enforcement of the arbitral award has been submitted is competent in accordance with Articles (№ 9,47) of the Law of arbitration in civil and commercial matters № 27/1994.

Fourth: the statement is submitted to the head of the Cairo Court of Appeal to get the order of execution of the award. The application shall be accompanied by the following documents:

1) A certified copy of the decision or a copy signed by the applicant

2) A copy of the Arbitration Agreement.

3) A certified translation of the award in Arabic language, in case such a decision was not published in Arabic. (Certification is carried out at the Consulate of Egypt abroad or the Ministry of Justice in Egypt).

4) A copy of the report, confirming that arbitration court award has been stated in the competent court of Egypt in accordance with article №47 of the corresponding law.

Important note:

Applications for enforcement of arbitration decisions are not made before 90 days from the date of notification of the defendant about foreign arbitration court decision, which is the scheduled date for the submission of the suit for cancellation of the decision.