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  • 1.

    Concept of sovereign immunity
    What is the general approach to the concept of sovereign immunity in your state?

  • 2.

    Legal basis
    What is the legal basis for the doctrine of sovereign immunity in your state?

  • 3.

    Multilateral treaties
    Is your state a party to any multilateral treaties on sovereign immunity? Has the state made any reservations or declarations regarding the treaties?

  • 4.

    Domestic law
    Describe domestic law governing the scope of jurisdictional immunity.

  • 5.

    State waiver of immunity or consent
    How can the state, or its various organs and instrumentalities, waive immunity or consent to the exercise of jurisdiction?

  • 6.

    In which types of transactions or proceedings do states not enjoy immunity from suit (even without the state’s consent or waiver)? How does the law of your country assess whether a transaction falls into one of these categories?

  • 7.

    If one of the exceptions to sovereign immunity set out above applies, is there any related principle that could prevent a court having jurisdiction over the state?

  • 8.

    Proceedings against a state enterprise
    To what extent do proceedings against a state enterprise or similar entity affect the immunity enjoyed by the state? Is there precedent for piercing the corporate veil to subject the state itself to those proceedings?

  • 9.

    What is the nexus the plaintiff needs to have standing to bring a claim against a state?

  • 10.

    Nexus of forum court
    What is the nexus the forum court requires to exercise jurisdiction over a state if the property or conduct that forms the subject of the claim is outside the forum state’s territory?

  • 11.

    Interim or injunctive relief
    When a state is subject to proceedings before a court or arbitral tribunal in your jurisdiction, what interim or injunctive relief is available?

  • 12.

    Final relief
    When a state is subject to proceedings before a court or arbitral tribunal in your jurisdiction, what type of final relief is available?

  • 13.

    Service of process
    Identify the court or other entity that must be served with process before any proceeding against a state may be issued.

  • 14.

    How is process served on a state?

  • 15.

    Judgment in absence of state participation
    Under what conditions will a judgment be made against a state that does not participate in proceedings?

  • 16.

    Domestic law
    Describe domestic law governing the scope of enforcement immunity.

  • 17.

    Application of civil procedure codes
    When enforcing against a state, would debt collection statutes and the enforcement sections of civil procedure codes or similar codes also apply?

  • 18.

    Consent for further enforcement proceedings
    Does a prior submission to the jurisdiction of a court or tribunal constitute consent for any further enforcement proceedings against the property of the state?

  • 19.

    Property or assets subject to enforcement or execution
    Describe the property or assets that would typically be subject to enforcement or execution.

  • 20.

    Assets covered by enforcement immunity
    Describe the assets that would normally be covered by enforcement immunity and give examples of any restrictive or broader interpretations adopted by the courts.

  • 21.

    Explain whether the property or bank accounts of a central bank or other monetary authority would be covered by enforcement immunity even when such property is in use or is intended for use for commercial purposes.

  • 22.

    Test for enforcement
    Explain whether domestic jurisprudence has developed any further test that must be satisfied before enforcement against a state is permitted.

  • 23.

    Service of arbitration award or judgment
    How is a state served with process or otherwise notified before an arbitration award or judgment against it (or its organs and instrumentalities) may be enforced?

  • 24.

    History of enforcement proceedings
    Is there a history of enforcement proceedings against states in your jurisdiction? What part of these proceedings is based on arbitral awards?

  • 25.

    Public databases
    Are there any public databases through which assets held by states may be identified?

  • 26.

    Court competency
    Would a court in your state be competent to assist with or otherwise intervene to help identify assets held by states in the territory?

  • 27.

    Specific provisions
    Does the state’s law make specific provision for immunity of international organisations?

  • 28.

    Domestic legal personality
    Does the state consider international organisations headquartered or operating in its territory as enjoying domestic legal personality and could such organisations be subjected to proceedings before a court or arbitral tribunal?

  • 29.

    Enforcement immunity
    Would international organisations in the state enjoy enforcement immunity? Are there any cases where debtors sought to enforce against a state by attaching or executing assets held by international organisations?

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The Firm is a  top tier ranked law firm based in Cairo which provides a comprehensive range of state-of-the-art legal services for a wide variety of international and domestic corporate and governmental Clients as well as other entities, such as not-for-profit organizations.

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T: +202 2 246 12 161/2/3/4
F: +202 2 246 12 1615


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