The implementation of the arbitration award in Egypt
The first point which has to be known about the implementation of the arbitration award in Egypt is that the conditions stipulated by Egyptian law…
The first point which has to be known about the implementation of the arbitration award in Egypt is that the conditions stipulated by Egyptian law will be put into operation, even if these decrees are released from the Egyptian arbitration court or a foreign one as long as we need to implement this decree in Egypt.
The New York convention also has to be considered in the very start, but this convention was set in general terms only and the Egyptian law has to be referred to concerning details. But, to be clear, this convention can be applied only to limited cases, and certainly not all the time which sets by field of Application, so it isn’t the main rule as concerns the implementation of the foreigner arbitration award inside Egypt.
Also the convention houses several important points:
1. The first action is the recognition and enforcement of foreign arbitral awards and arbitral awards made in the territory of another State.
2. The party against whom enforcement is sought can object to the enforcement by submitting proof of one of the grounds for refusal of enforcement. This is the so-called “reciprocity reservation”
3. The court may unilaterally refuse enforcement for reasons of public policy as provided.
4. The contracting State only has the right of reciprocity reservation.
Field of Application
Arbitral award made in another State. The Convention’s title refers to the recognition and enforcement of “foreign arbitral awards”. A number of arbitral awards are to be considered as “foreigner”.
This means that the term “foreigner awards” doesn’t apply onlyto the recognition and enforcement of an arbitral award made in another State. It also provides that it applies to the recognition and enforcement of an arbitral award which is not considered as a domestic award in the State where recognition and enforcement are sought.
NOW it is vitally important to know Egypt law conditions:
1. Application for the enforcement of an arbitral award shall not be admissible before the expiration of the period during which the action for annulment should be filed in the court registry.
2. The application to obtain leave for enforcement of the arbitral award according to this Law shall not be granted except after having ascertained the following:
a) That it does not contradict a judgment previously rendered by the Egyptian Courts on the subject matter in dispute;
b) That it does not violate the public policy in the Arab Republic of Egypt; and
c) That it was properly notified to the party against whom it was rendered.
3. The order granting leave for enforcement is not subject to appeal.5 However, the order refusing to grant enforcement may be subject to a petition lodged, within thirty days from the date thereof, before the competent court.
4. The arbitral award shall be made in writing and shall be signed by the arbitrators. If the arbitral tribunal consists of more than one arbitrator, the signatures of the majority of the arbitrators shall suffice, provided that the award states the reasons for which the minority did not sign.
The arbitral award shall state the reasons upon which it is based, unless the two parties to arbitration have agreed otherwise or the law applicable to the arbitral proceedings does not require the award to be supported by reasons.
The arbitral award shall include the names and addresses of the parties, the names, addresses, nationalities and titles of the arbitrators, a copy of the arbitration agreement, a summary of the parties’ requests, submissions, documents, the dispositive part of the award, date and place of making, as well as the reasons whenever their inclusion is required.
5. The judgments and orders issued in a foreign country may be implemented by the same conditions prescribed in the law of that country for the implementation of the judgments and orders of the Egyptian law. A reciprocity reservation exists from the country of arbitration award.
6. The request for the execution order to the Court of First Instance, which is intended implementation in the area, and that the usual conditions to suit.
7.The execution order will only be passed after the following is verified:
1 – that the courts of the Republic is a competent verdict in case that issued the judgment or order that the foreign court that issued by the competent according to the rules of international jurisdiction prescribed in the law
2 – that the litigants in the case where the judgment was issued, which has assigned attendance and represented the true representation
3 – that the judgment or order was awarded force of res judicata in accordance with the law of the court which issued
4 – that the judgment or order is not inconsistent with the judgment or order previously its issuance of the courts of the Republic does not include that violates public order or morality in them.