Arbitration

Published: February 2018

Egypt

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Author

Ismail Selim

The Cairo Regional Centre for International Commercial Arbitration (CRCICA)

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1.

Multilateral conventions relating to arbitration
Is your country a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

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2.

Bilateral investment treaties
Do bilateral investment treaties exist with other countries?

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3.

Domestic arbitration law
What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?

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4.

Domestic arbitration and UNCITRAL
Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?

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5.

Mandatory provisions
What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?

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6.

Substantive law
Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?

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7.

Arbitral institutions
What are the most prominent arbitral institutions situated in your country?

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8.

Arbitrability
Are there any types of disputes that are not arbitrable?

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9.

Requirements
What formal and other requirements exist for an arbitration agreement?

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10.

Enforceability
In what circumstances is an arbitration agreement no longer enforceable?

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11.

Third parties - bound by arbitration agreement
In which instances can third parties or non-signatories be bound by an arbitration agreement?

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12.

Third parties - participation
Does your domestic arbitration law make any provisions with respect to third-party participation in arbitration, such as joinder or third-party notice?

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13.

Groups of companies
Do courts and arbitral tribunals in your jurisdiction extend an arbitration agreement to non-signatory parent or subsidiary companies of a signatory company, provided that the non-signatory was somehow involved in the conclusion, performance or termination of the contract in dispute, under the ‘group of companies’ doctrine?

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14.

Multiparty arbitration agreements
What are the requirements for a valid multiparty arbitration agreement?

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15.

Eligibility of arbitrators
Are there any restrictions as to who may act as an arbitrator? Would any contractually stipulated requirement for arbitrators based on nationality, religion or gender be recognised by the courts in your jurisdiction?

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16.

Background of arbitrators
Who regularly sit as arbitrators in your jurisdiction?

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17.

Default appointment of arbitrators
Failing prior agreement of the parties, what is the default mechanism for the appointment of arbitrators?

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18.

Challenge and replacement of arbitrators
On what grounds and how can an arbitrator be challenged and replaced? Please discuss in particular the grounds for challenge and replacement, and the procedure, including challenge in court. Is there a tendency to apply or seek guidance from the IBA Guidelines on Conflicts of Interest in International Arbitration?

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19.

Relationship between parties and arbitrators
What is the relationship between parties and arbitrators? Please elaborate on the contractual relationship between parties and arbitrators, neutrality of party-appointed arbitrators, remuneration and expenses of arbitrators.

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20.

Immunity of arbitrators from liability
To what extent are arbitrators immune from liability for their conduct in the course of the arbitration?

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21.

Court proceedings contrary to arbitration agreements
What is the procedure for disputes over jurisdiction if court proceedings are initiated despite an existing arbitration agreement, and what time limits exist for jurisdictional objections?

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22.

Jurisdiction of arbitral tribunal
What is the procedure for disputes over jurisdiction of the arbitral tribunal once arbitral proceedings have been initiated and what time limits exist for jurisdictional objections?

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23.

Place and language of arbitration
Failing prior agreement of the parties, what is the default mechanism for the place of arbitration and the language of the arbitral proceedings?

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24.

Commencement of arbitration
How are arbitral proceedings initiated?

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25.

Hearing
Is a hearing required and what rules apply?

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26.

Evidence
By what rules is the arbitral tribunal bound in establishing the facts of the case? What types of evidence are admitted and how is the taking of evidence conducted?

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27.

Court involvement
In what instances can the arbitral tribunal request assistance from a court and in what instances may courts intervene?

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28.

Confidentiality
Is confidentiality ensured?

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29.

Interim measures by the courts
What interim measures may be ordered by courts before and after arbitration proceedings have been initiated?

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30.

Interim measures by an emergency arbitrator
Does your domestic arbitration law or do the rules of the domestic arbitration institutions mentioned above provide for an emergency arbitrator prior to the constitution of the arbitral tribunal?

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31.

Interim measures by the arbitral tribunal
What interim measures may the arbitral tribunal order after it is constituted? In which instances can security for costs be ordered by an arbitral tribunal?

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32.

Sanctioning powers of the arbitral tribunal
Pursuant to your domestic arbitration law or the rules of the domestic arbitration institutions mentioned above, is the arbitral tribunal competent to order sanctions against parties or their counsel who use ‘guerrilla tactics’ in arbitration? May counsel be subject to sanctions by the arbitral tribunal or domestic arbitral institutions?

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33.

Decisions by the arbitral tribunal
Failing party agreement, is it sufficient if decisions by the arbitral tribunal are made by a majority of all its members or is a unanimous vote required? What are the consequences for the award if an arbitrator dissents?

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34.

Dissenting opinions
How does your domestic arbitration law deal with dissenting opinions?

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35.

Form and content requirements
What form and content requirements exist for an award?

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36.

Time limit for award
Does the award have to be rendered within a certain time limit under your domestic arbitration law or under the rules of the domestic arbitration institutions mentioned above?

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37.

Date of award
For what time limits is the date of the award decisive and for what time limits is the date of delivery of the award decisive?

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38.

Types of awards
What types of awards are possible and what types of relief may the arbitral tribunal grant?

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39.

Termination of proceedings
By what other means than an award can proceedings be terminated?

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40.

Cost allocation and recovery
How are the costs of the arbitral proceedings allocated in awards? What costs are recoverable?

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41.

Interest
May interest be awarded for principal claims and for costs and at what rate?

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42.

Interpretation and correction of awards
Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply?

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43.

Challenge of awards
How and on what grounds can awards be challenged and set aside?

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44.

Levels of appeal
How many levels of appeal are there? How long does it generally take until a challenge is decided at each level? Approximately what costs are incurred at each level? How are costs apportioned among the parties?

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45.

Recognition and enforcement
What requirements exist for recognition and enforcement of domestic and foreign awards, what grounds exist for refusing recognition and enforcement, and what is the procedure?

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46.

Enforcement of foreign awards
What is the attitude of domestic courts to the enforcement of foreign awards set aside by the courts at the place of arbitration?

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47.

Enforcement of orders by emergency arbitrators
Does your domestic arbitration legislation, case law or the rules of domestic arbitration institutions provide for the enforcement of orders by emergency arbitrators?

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48.

Cost of enforcement
What costs are incurred in enforcing awards?

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49.

Judicial system influence
What dominant features of your judicial system might exert an influence on an arbitrator from your country?

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50.

Professional or ethical rules applicable to counsel
Are specific professional or ethical rules applicable to counsel in international arbitration in your country? Does best practice in your country reflect (or contradict) the IBA Guidelines on Party Representation in International Arbitration?

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51.

Third-party funding
Is third-party funding of arbitral claims in your jurisdiction subject to regulatory restrictions?

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52.

Regulation of activities
What particularities exist in your jurisdiction that a foreign practitioner should be aware of?

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