EGYPT ARBITRATION LAW
|
Law No. 27/1994 |
|
Promulgating the Law Concerning |
|
Hosni Mubarak Issued at the Presidency on 18 April 1994. |
Official
Gazette No. 16 bis 21st of April 1994.
Part
I - General Provisions
Article (1)
(As amended by Law No. 9 of 1997 promulgating on 19 May 1997 and published on
15 May 1997, adding a second paragraph to Article 1):
Without prejudice to the provisions of international conventions in force in
the Arab Republic of Egypt, the provisions of the present Law shall apply to
all arbitration between public law or private law persons, whatever the nature
of the legal relationship around which the dispute revolves, when such
arbitrations are conducted in Egypt or when the parties to an international
commercial arbitration conducted abroad agree to subject it to the provisions
of this Law.
In regard to administrative contract disputes, the arbitration agreement shall have
the approval of the concerned minister or the official assuming his powers with
respect to public juridical persons. No delegation of powers shall authorized
therefore.
Article (2)
An arbitration is commercial within the scope of this Law if the dispute arose
over a legal relationship of an economic nature, whether contractual or
non-contractual. This comprises, in particular, the supply of commodities or
services, commercial agencies, construction and engineering or technical
Know-how contracts, the granting of industrial, touristic and other licenses,
technology transfer, investment and development contracts, banking, insurance
and transport operations, exploration and extraction of natural wealth, energy
supply, the laying of gas or oil pipelines, the building of roads and tunnels,
the reclamation of agricultural land, the protection of the environment and the
establishment of nuclear reactors.
Article (3)
Arbitration is international within the scope of this Law if the matter thereof
relates to international trade as in the following cases:
1. If the respective head offices of the parties to the arbitration are
situated in two different countries at the time
the arbitral agreement is concluded. If either of
the two parties has several business centres, the one most closely
linked to the subject matter of the arbitral
agreement shall count. Should either of the two
parties not have business centre, then his usual place of abode
shall count.
2. If the parties to the arbitration agree to resort to a permanent arbitral
organization or to an arbitration centre having
its headquarters in Egypt or abroad.
3. If the subject matter of the dispute falling within the scope of the
arbitral agreement is linked to more than one
state.
4. If the respective head offices of the parties to arbitration are located in
the same state at the time the arbitral agreement
is concluded, and one of the following places is
located outside such state:
a) The place designated as the seat
of arbitration in the arbitral
agreement,
or whose manner of designation is referred to therein.
b) The place in which an essential
part of the obligations arising from the
commercial
relationship between the parties are to be performed.
c) The place closely linked to the subject matter of
the dispute.
Article (4)
1. The word "arbitration" as used in this Law denotes the arbitration
agreed upon by the parties to a dispute of
their own free will, whether the body to which
the arbitral mission is entrusted by virtue of an arbitral agreement is
an institution or permanent arbitration
centre or not.
2. The term "Arbitral Tribunal" denotes the panel composed of one or
more arbitrators for the purpose of settlement
of the dispute referred to arbitration. As
to the word "court", it means the court belonging to the
judicial system of the state.
3. "The two parties to arbitration" when used in this Law shall
denote the parties to the arbitration,
whatever their number may be.
Article (5)
In those cases where this Law permits the parties to arbitration t select the
procedures which must be followed in a given matter, this also includes their
right to allow a third party to make such selection. In this regard, third
parties are deemed to be any arbitral institution of centre in Egypt or abroad.
Article (6)
If the parties to arbitration agree to subject the legal relationship between
them to the provisions of a model contract, an international convention or
another document, then the provisions of such document, including those related
to arbitration, must be enforced.
Article (7)
1. If no special agreement exists between the parties to arbitration, any
letter or notice shall be delivered to the
addressee personally or at his place of work, or
at his usual place of abode or at his mailing address, known to both
parties or designated in the arbitral agreement
or in the document organizing the relationship
subject of arbitration.
2. If, after conducting the necessary investigations, any of these addresses
cannot be traced, delivery shall be deemed
to have been effected if the notice is in
the form of a registered letter addressed to the addressee's last
known place of work, usual place of adobe
or known mailing address.
3. The provisions of this article do not apply to judicial writs before the
courts.
Article (8)
If one of the parties to a dispute pursues arbitral proceedings while knowing
that a condition in the arbitral agreement or one of the mandatory provisions
of the present law has been violated and does not raise an objection to such
violation by the agreed deadline or within a reasonable period in the absence
of agreements ,this shall be deemed a waiver by him of his right to object.
Article (9)
1. Jurisdiction to review the arbitral matters referred by this law to the
Egyptian judiciary lies with the court
having original jurisdiction over the
dispute.
2. However, in the case of international commercial arbitration, whether
conducted in Egypt or abroad, jurisdiction
lies with the Cairo Court of Appeal unless
the parties agree on the competence of another court of appeal in
Egypt.
3. The court vested with jurisdiction in accordance with the preceding
paragraph shall continue to exercise
exclusive jurisdiction until the completion
of all arbitral procedures.
Part
II - Arbitral Agreement
Article (10)
1. The arbitral agreement is an agreement by which the parties agree to resort
to arbitration as a means of resolving all
or some of the disputes which arose or
which may arise between them in connection with a specific legal
relationship, contractual or non
contractual.
2. The arbitral agreement may precede the occurrence of the dispute, whether
such agreement exists independently or as a
clause on a given contract in connection with
all or some of the disputes which may arise between the
parties. In such case, the subject matter
of the dispute must be determined in the
statement of claims referred to in paragraph (1) of Article (30)
hereof. The arbitral agreement may also be
concluded after the occurrence of a
dispute, even when such dispute is the subject of a court case, in such
case, the agreement must, determine the
matters included in the arbitration,
otherwise it shall be null and void.
3. Any Reference: in the contract to a document containing an arbitral clause
is deemed to be an arbitral agreement, if
the reference expressly provides that such
clause is an integral part of the contract.
Article (11)
Arbitral agreements may only be concluded by natural or juridical persons
having capacity to dispose of their rights. Arbitration is not permitted in
matters where compromise is mot allowed.
Article (12)
The arbitral agreement must, be concluded in writing, otherwise it shall be
null and void. It shall be in writing if included in a document signed by both
parties or in letters, cables or other means of written communication exchanged
between them.
Article (13)
1. A court seized with a dispute in respect of which an arbitral agreement
exists must rule the case non admissible if
the respondent invokes a plea of non
admissibility before raising any request or
defence in the case.
2. Bringing the action referred to in the preceding paragraph shall not
preclude commencing arbitral proceedings,
pursuing same or issuing an arbitral award.
Article (14)
The court referred to in Article (9) may, on the basis of an application from
one of the parties to the arbitration, order that provisional or conservatory
measures be taken, whether before the commencement of arbitral proceedings or
during the procedure.
Part
III - The Arbitral Tribunal
Article (15)
1. The arbitral tribunal is composed, by agreement between the parties, of one
arbitrator or more. In default of agreement
on the number of arbitrators, the tribunal
shall be composed of three arbitrators.
2. If there is more than one arbitrator, the tribunal must, on pain of nullity,
be composed of an odd number.
Article (16)
1. The arbitrator must not be a minor, subject to interdiction or deprived of
his civil rights by reason of a judgement
against him for a felony or misdemeanour
contrary to morality or by reason of declaration of
bankruptcy, unless he has been
rehabilitated.
2. The arbitrator need not be a specific sex or nationality, unless otherwise
provided by agreement between the parties
or by provision of law.
3. The arbitrator's acceptance of the mission entrusted to him shall be in
writing. When accepting, he must disclose
any circumstances which may cast doubts on
his independence or neutrality.
Article (17)
1. The parties to arbitration may agree on the selection of arbitrators and on
the manner and time of their selection. In
default of such agreement, the following
steps shall be followed:
a) If the Arbitral Tribunal is
composed of a sole arbitrator, the court
referred
to in Article (9) hereof shall select him on the basis of a
request
by one of the parties.
b) If the Arbitral Tribunal is
composed of three arbitrators, each of the
parties
shall select one arbitrator and the tow arbitrators shall then
select
a third. If either party fails to appoint his arbitrator within
thirty
days from being requested to do so by the other party, or if
the
two arbitrators fail to select a third arbitrator within the thirty
days
following the appointment of the more recently appointed one
among
them, the court referred to in Article (9) hereof shall under
take
to make such selection on the basis of a request by one of the
parties.
The arbitrator selected by the two arbitrators appointed as
aforesaid
or by the court shall preside over the Arbitral Tribunal.
These
provisions shall apply to cases where the Arbitral Tribunal is
composed of more
than three arbitrators.
2. If one of the parties violates the greed procedures for the selection of
arbitrators, or if the tow appointed
arbitrators fail to agree on a matter
entailing their agreement, or if a third
party defaults on the performance of a
matter entrusted to him in this regard, then the court referred to in Article
(9) hereof shall, on the basis of a request
by one of the parties, carry out the
required procedure or matter unless the agreement provides for
another method of completing the said procedure
or matter.
3. In selecting the arbitrators, the court shall observe the conditions
required by the present Law and those
agreed upon by the parties and shall issue its
decision in this regard expeditiously
without prejudice to the provisions of
Article (18) and (19) hereof. Its decision
shall not be amenable to any form of
challenge.
Article (18)
1. An arbitrator may not be reused unless circumstances arise to cast serious
doubts on his neutrality or independence.
2. Neither party may recuse the arbitrator he appointed or in whose
appointment he participated except for
reasons he discovers after making such
appointment.
Article (19)
1. The recusance application shall be submitted in writing to the arbitral
tribunal, indicating therein the reasons
for the recusance, within fifteen days from
the dated of the recusance applicant's awareness of the
constitution of such tribunal, or of the
conditions justifying the recusance. If the
arbitrator, whose reply is required, does not step aside within fifteen
days from the date of the submission of the
application, it shall be referred, without
charges, to the court referred to under Article (9) of this law, for
decision to be taken in connection
therewith by means of an uncontestable
ruling.
2. The recusance application shall not be accepted from part of whoever has
previously submitted a recusance
application related to the recusance of the
same arbitrator in relation to the same arbitration.
3. The submission of the recusance application shall not result in the
suspension of the arbitration procedures.
If recusance of the arbitrator is accepted and
sentenced, the arbitration procedures which
have been undertaken, including the
arbitrator's ruling, shall be consequently considered as null and
void.
Article (20)
If an arbitrator who is unable to perform his mission or who fails to perform
it or interrupts performance in a manner which leads to unjustifiable delay in
the arbitral proceedings does not withdraw or is not removed by agreement
between the parties, then the court referred to in Article (9) hereof may
terminate his mission on the basis of the request of their party.
Article (21)
If an arbitrator's mission is terminated by a decision for his recusal,
discharge or abstention or for any other reason, a substitute shall be
appointed in his place in accordance with the procedures followed for the
selection of the arbitrator whose mission has been terminated.
Article (22)
1. The arbitral tribunal is empowered to rule on motions related to it's
non- competence, including motions based on
the absence of an arbitral clause, it's
expiry or nullity, or it's failure to include the subject or the dispute.
2. These motions must be invoked by no later than the date of submission of
the respondent's memorandum referred to in
paragraph 2 of Article (30) hereof. The
appointment or participation in the appointment of an arbitrator
by one of the parties to the arbitration
shall not disentitle him invoking any of
these motions. As to the motion that the arbitral clause does not include
matters raised by the other party in the
course of the review of the dispute, it
must be invoked immediately or the right to invoked it shall lapse. In all
cases, the arbitral tribunal may accept
motions invoked after the prescribed time
limit if it deems the delay to have been for an acceptable reason.
3. The arbitral tribunal may rule on the motions referred to in paragraph (1)
of this article before ruling on the merits
or join them to the merits in order to
adjudicate both together. If it rules to
dismiss a motion, such motion may not be
invoked except through the institution of a case for the annulment of
the arbitral award adjudicating the dispute
pursuant to Article (53) of this law.
Article (23)
The arbitral clauses is deemed to be an agreement that is independent of the
other conditions of the contract. The nullity, repudiation or termination of
the contract shall not affect the arbitral clause therein, provided such clause
is valid per se.
Article (24)
1. The parties to arbitration may agree that the arbitral tribunal shall be
entitled pursuant to a request by one of
them, to order either party to take
whatever provisional or conservatory
measures it deems the nature of the dispute
requires, as well as to demand the presentation of an adequate
guarantee to cover the expenses of the
measures it orders.
2. If the party to whom the order is issued defaults on executing it, the
arbitral tribunal may, at the request of
the other, allow the letter to take the
procedures necessary for execution, without
prejudice to that party's right to apply to
the president of the court referred to in Article (9) of this law for
an enforcement order.
Part
IV - The Arbitral Proceeding
Article (25)
The parties to the arbitration have the right to agree on the procedures to be
followed by the arbitral tribunal, including the right to subject such
procedures to the provisions in force in any arbitral organization or centre in
Egypt or aboard. In the absence of such agreement, the arbitral tribunal may,
without prejudice to the provisions of the present law, adopt the arbitration
procedures it deems suitable.
Article (26)
The parties to arbitration shall be on an equal footing, and each shall be
accorded an equal and full opportunity to present his case.
Article (27)
The arbitral proceeding shall commence from the date the respondent receives
the notice for arbitration from the applicant, unless the parties agree on
another date.
Article (28)
The parties to arbitration may agree on a place of arbitration in Egypt or
abroad. In the absence of such agreement, the arbitral tribunal shall determine
where the arbitration shall be held, with due consideration to the circumstance
of the dispute and the convenience of the place to the parties, this shall be
without prejudice to the power of the power of the arbitral tribunal to convene
in any place it deems suitable for conducting any of the arbitral procedures,
such as hearing the parties to the dispute or the testimony of witnesses or
experts, reviewing documents, inspecting goods or funds, holding deliberations
between its members or otherwise.
Article (29)
1. Arbitration shall be conducted in Arabic, unless another language or
languages is agreed upon by the
parties or decided by the arbitral tribunal.
The agreement or decision as aforesaid
shall apply to the language of written
statements and memos, of oral pleadings as well as of all decisions
taken, all communications transmitted and
all awards issued by the tribunal, unless
the agreement between the parties or the decision of the tribunal provides
otherwise.
2. The arbitral tribunal may require that all or some of the written documents
submitted in the case be accompanied by a
translation into the language or languages
used in the arbitration. In case of a plurality of such languages, translations
may be limited to some of them.
Article (30)
1. The claimant shall, by the date agreed between the parties or prescribed by
the arbitral tribunal, send to the
respondent and to each of the arbitrators a
written statement of his claims containing
his name and address, the respondent's name
and address, an explanation of the facts of the case, a
specification of the issues of dispute, his
claims and all other matters required to be
cited in such statement by the agreement between the
parties.
2. The respondent shall, by the date agreed between the parties or prescribed
by the arbitral tribunal, send to the
applicant and to each of the arbitrators a
written statement of defence in reply to the statement of claim. He may
include in such statement any incidental
claims related to the subject matter or the
dispute or invoke a right arising therefrom in the aim of
raising a claim for set- off. This right is
available to the respondent even at a
subsequent stage of the proceedings, if the
arbitral tribunal deems that there are
circumstances justifying such delay.
3. Either party may annex to his statement of claim or his statement of
defence, as the case may be, copies of the
documents on which he predicates his claims,
and may refer to all or some of the documents and
evidence that he intends to present. This
shall be without prejudice to the right of
the arbitral tribunal, at any stage of the proceedings, to request
submission of the originals of the
documents or instruments on which either of
the parties relies.
Article (31)
Copies of the memos, documents and papers submitted to the arbitral tribunal by
either party shall be sent to the other. Similarly, copies of experts' reports,
documents and other means of evidence submitted to the tribunal shall be sent
to each of the parties.
Article (32)
Either party may modify his claims or defences or expand thereon during the
arbitral proceeding unless the arbitral tribunal decides not to accept such
modification or expansion to avoid delaying adjudication of the dispute.
Article (33)
1. The arbitral tribunal shall hold pleading hearings to enable each party to
explain the subject matter of his claim and
to present his arguments and evidence.
However, it may limit proceedings to the submission of written
memos and documents unless the parties
otherwise agree.
2. The parties to arbitration must be notified of the dates of the hearings and
meetings that the arbitral tribunal decides
to convene sufficiently in advance of the
scheduled date as determined by the tribunal according to
circumstances.
3. A summary of the facts of each hearing convened by the arbitral tribunal
shall be transcribed in minutes, a copy of
which shall be transcribed in minutes, a
copy of which shall be delivered to each of the parties unless
they decide otherwise.
4. Witnesses and experts are without administer of oath.
Article (34)
1. If the claimant fails to submit the written statement of claim pursuant to
paragraph (1) of Article (30), without an
acceptable excuse, the arbitral tribunal
shall be held to order the termination of the arbitral proceeding,
unless the parties agree otherwise.
2. If the respondent fails to submit a statement of defence pursuant to
paragraph (2) of Article (30), the arbitral
tribunal shall continue the arbitral
proceeding. Such continuation shall not in itself be considered an
acknowledgement by the respondent of the
claimant's claim, unless the parties agree
otherwise.
Article (35)
If either party fails to attend one of the hearings or fails to present any of
the documents requested from him, the Arbitral Tribunal may continue with the
arbitral proceeding and issue an award on the dispute based on the elements of
proof present before it.
Article (36)
1. The Arbitral Tribunal may appoint one expert or more to present a written or
oral report in connection with certain
matters it designates. Such report shall be
evidenced in the minutes of the hearing. The Tribunal shall furnish
each of the parties with a copy of its
decision designating the mission entrusted
to the expert.
2. The parties shall submit to the expert with any information he may request
in connection with the dispute and examine
any documents, goods or other assets
related thereto. The Tribunal shall adjudicate any dispute arising between
the expert and one of the parties in this connection.
3. The Arbitral Tribunal shall send a copy of the expert's report to each party
promptly upon its deposition, while
allowing each of them to express his
opinion thereon. The parties are entitled
to review and examine the documents on
which the expert based his report.
4. The tribunal may, following submission of the expert's report, decide,
either sua sponte or on the basis of a
request by either party, to convene a hearing
to hear the expert's testimony, while
allowing the parties to listen to the
expert and to discuss with him the contents
of his report. Each of the parties shall be
entitled to present his own expert or experts at such session to
express an opinion on the matters addressed
in the report complied by the expert
appointed by the Arbitral Tribunal unless the parties otherwise
agree.
Article (37)
The President of the Court referred to in Article (9) of this Law, upon request
from the Arbitral Tribunal, shall be competent to:
1. Pass judgement against defaulting or intransigent witnesses imposing the
penalties prescribed in Article 78 and 80
of the Law of Evidence in Civil and
Commercial matters.
2. Order a judicial delegation commission rogatoire.
Article (38)
The adversial proceeding before the Arbitral Tribunal shall be interrupted in
accordance with the conditions prescribed for interruption in the Code of Civil
and Commercial Procedures, and interruption as aforesaid shall give rise to the
effects prescribed in the said Code.
Part
V - The Arbitral Award and the Termination of Proceedings
Article (39)
1. The Arbitral Tribunal shall apply the rules agreed by the parties to the
subject matter of the dispute. If they
agree to apply the law of a specific state,
then the substantive rules of that law, not
those governing conflict of laws, shall be
followed, unless the parties otherwise agree.
2. If the parties fail to agree on the legal rules to be applied to the subject
matter of the dispute, the Arbitral
Tribunal shall apply the substantive rules
of the law it deems most closely connected
to the dispute.
3. The Arbitral Tribunal must, when adjudicating the merits of the dispute,
take into account the conditions of the
contract, subject of the dispute and the
usages of commerce in similar transactions.
4. The Arbitral Tribunal may, if it has been expressly empowered to act as an
"amiable compositeur" by
agreement between the parties to arbitraion,
adjudicate the merits of the dispute
according to the rules of justice and
equity without being bound by the
provisions of law.
Article (40)
The award of an Arbitral Tribunal composed of more than one arbitrator shall be
issued by a majority of opinions after deliberations conducted in the manner
prescribed by the Arbitral Tribunal, unless the parties otherwise agree.
Article (41)
If the parties agree, during the arbitral proceeding, on a settlement ending
the dispute, they may request that the conditions of the settlement be
evidenced before the Arbitral Tribunal, which must in such case issue a
decision containing the conditions of the settlement and terminating proceedings.
Such decision shall have the force of an arbitral award as far as execution is
concerned.
Article (42)
The Arbitral Tribunal may issue interlocutory awards or awards that address
part of the claim before issuing its final arbitral award ending the entire
dispute.
Article (43)
1. The arbitral award shall be issued in writing and signed by the arbitrators.
If the Arbitral Tribunal is composed of more than
one arbitrator, the signatures of the majority of
the arbitrators shall be sufficient, provided the reasons
why a minority desisted are mentioned in the
award.
2. The arbitral award must be motivated, unless the parties to arbitration
agree otherwise or the law applicable to the
arbitral proceeding does not require the award to
cite reasons.
3. The arbitral award must include the names and addresses of the parties, the
names, addresses, nationalities and capacities of
the arbitrators, a copy of the arbitral
agreement, a summary of the parties' claims, statements and
documents, the text of the ruling, the date and
place it was issued and the reasons therefor when
the citing of such reasons is mandatory.
Article (44)
1. The arbitral tribunal shall deliver to each of the parties a copy of the
arbitral Award signed by the arbitrators who
approved it within thirty days from the date of
its issuance.
2. The arbitral award may not be published in whole or in part except with a
the approval of the parties to arbitration.
Article (45)
1. The Arbitral Tribunal shall issue the award finally ending the entire
dispute within the time frame agreed by the
parties, in the absence of such agreement, the
award must be rendered within twelve months from the date
of commencement of the arbitral proceedings. In
all cases, the Arbitral Tribunal may extend the
deadline provided the period of extension shall not
exceed six months, unless the parties agree to a
longer period.
2. If the arbitral award is not rendered within the period referred to in the
preceding paragraph, either of the two parties to
arbitration may request the president of the
court referred to in Article (9) of this law, to issue an order
setting a new deadline or terminating the arbitral proceeding. In such
case either party may raise his claims to the
court of original jurisdiction.
Article (46)
If, in the course of the arbitral proceedings, a matter lying outside the
mandate of the Arbitral Tribunal arises. Or if a document submitted to it is
challenged for forgery ,or if criminal proceedings are instituted for forgery
or for any other criminal act, the Arbitral Tribunal may continue to review the
merits of the dispute if it deems a decision on such matter, on forgery of the
document or on the other criminal act to be unnecessary for the determination
of the merits of the dispute. Otherwise, it shall suspend proceedings until a
final judgement is issued in this respect.
Such suspension shall entail suspension of the time limit prescribe for
rendering the arbitral award.
Article (47)
The party in whose favour the arbitral award has been rendered must deposit the
original award or a copy thereof in the language in which it was issued, or an
Arabic translation thereof authenticated by the competent authority if it was
issued in a foreign language, with the clerk of the court referred to in
Article (9) of this law.
The court clerk shall evidence such deposit in a proces verbal and each
of the parties to arbitration may obtain a copy of the said proces verbal.
Article (48)
1. The arbitral proceedings shall terminate with the issuance or the award
ending the dispute in its entirely or with the
issuance of an order ending the arbitral
proceedings pursuant to paragraph (2) of Article (45), in the
following cases:
a) If the parties agree to end the
arbitration
b) If the applicant abandons the
dispute subject of arbitration, unless
the
arbitral tribunal decides, on the basis of an objection raised by the
respondent,
that the latter has a significant interest in the
continuance
of the arbitral proceeding until the dispute is adjudicated
c) If for any other reason the
Arbitral Tribunal deems it useless or
impossible to continue
the arbitral proceedings
2. Without prejudice to the provisions of Articles (49), (50) and (51) of the
present Law, the mission of the Arbitral
Tribunal ends with the termination of the
arbitral proceedings.
Article (49)
1. Either party to arbitration may, within thirty days from receiving the
arbitral award, request the arbitral award to
interpret any ambiguity appearing in the award.
The party requesting interpretation must notify the other party of
the request before presenting it to the arbitral tribunal.
2. The interpretation shall be issued in writing within the thirty days
following the date the request for interpretation
is submitted to the arbitral tribunal. The
tribunal may extend the deadline by another thirty days if it deems such
extension is necessary.
3. The award rendered to interpret is deemed to be a complementary part of
the arbitral award and is subject to its
provisions.
Article (50)
1. The arbitral tribunal shall correct any material errors in its award, whether
involving words or figures, by means of a
decision it issues either sua sponte or upon
request by one of the parties. The arbitral tribunal shall make the
correction without pleadings within thirty days
following the issuance of the award or the
deposition of the request for correction, as the case may be.
The tribunal may extend this deadline by an
additional thirty days if it deems this to be
necessary.
2. The correction shall be issued in writing by the arbitral tribunal and
notified to the parties within thirty days from
the date it was issued. if the decision may be
invoked by means of an action for nullity, which shall be subject to the
provisions of Articles (53) and (54) of thus Law.
Article (51)
1. Either of the parties to arbitration may, even after the expiry of the time
limit for arbitration, request the arbitral
tribunal within thirty days from receiving the
arbitral award, to issue an additional award on a claim
submitted by such party in the course of the
proceedings and overlooked by the arbitral award.
Such request must be notified to the other party before it
is presented to the tribunal.
2. The arbitral tribunal shall render its award within sixty days from the submission
of the request, and may extend such period for a further thirty
days if it deems this to be necessary.
Part
VI - Nullity of Arbitral Award
Article (52)
1. Arbitral awards issued in accordance with the provisions of this law may not
be challenged by any of the means of challenge
prescribed in the code of civil and commercial
procedures.
2. An action for the nullity of the arbitration award may be instituted in
accordance with the provisions of the two
subsequent articles.
Article (53)
1. An action to procure the nullity of the arbitral award is admissible only in
the following cases:
a) If no arbitral agreement exists,
or if it is void, voidable or expired
b) If at the time of entering into
the arbitral agreement one of the
parties
thereto was minor or incapacitated pursuant to the law
governing
his capacity
c) If one of the parties to the
arbitration was unable to present his
defence
because he was not properly notified of the appointment of
an
arbitrator or of the arbitral proceedings, or for any other reason
beyond
his control
d) If the arbitral award fails to
apply the law agreed to by the parties to
the
subject matter of the dispute
f) If the Arbitral Tribunal was
constituted or the arbitrators were
appointed
in a manner contrary to law or to the agreement between
the
parties
g) If the arbitral award rules on
matters not included in the arbitral
agreement
or exceeds the limits of such agreement. Nevertheless, if
the
parts of the award relating to matters which are amenable to
arbitration
can be separated from the parts relating to matters which
are
not, then nullity shall apply only to the latter parts
h) If nullity occurs in the
arbitral award, or if the arbitral proceedings
are tainted by nullity
affecting the award.
2. The court seized with the action for nullity shall rule sua sponte
for the annulment of the arbitral award if its
contents violate public policy in the Arab
Republic of Egypt.
Article (54)
1. Actions to procure the nullity of the arbitral award must be brought within
the ninety days following the date the arbitral
award is notified to the party against whom it
was rendered. An action for nullity is admissible even if the party
invoking nullity waived his right to do so before the arbitral award was
issued.
2. Jurisdiction over actions for the nullity of arbitral awards rendered in
international commercial arbitrations lie with
the court referred to in Article (9) of this law.
In other than international commercial arbitrations,
jurisdiction lies with the court of second
instance to which the decisions of the court of
original jurisdiction over the dispute are raised.
Part
VII - Recognition and Enforcement of Arbitral Awards
Article (55)
Arbitral awards rendered in accordance with the provisions of this law have the
authority of res judicata and shall be forcibly executed without
prejudice to the provisions of the present Law.
Article (56)
Jurisdiction to issue an order of enforcement of arbitral awards lies with the
president of the court referred to in article (9) hereof or with any of the
judges of such court that the president may delegate. The application for executing
the arbitral award shall be accompanied by:
1. The original award or a signed copy thereof.
2. A copy of the arbitral agreement.
3. An Arabic translation if the award, authenticated by the competent
authority, if the award was not issued in Arabic.
4. A copy of the proces verbal evidencing the deposition of the award
pursuant to Article (47) hereof.
Article (57)
The institution of an action for nullity shall not stay execution of the
arbitral award. Nevertheless, the court may order a stay of execution if the
plaintiff requests same in his request and such request is based on valid
reasons. The court shall rule on the request for a stay of execution within
sixty days from the date of the first hearing scheduled to hear it. If it orders
a stay of execution, it may order the presentation of a surety or money
guarantee. Should the court order a stay of execution, it must rule on the
motion for nullity within six months from the date such order was issued.
Article (58)
1. The application for the enforcement of an arbitral award shall not be
accepted before the date prescribed for raising
an action for its nullity has lapsed.
2. Enforcement of the arbitral award pursuant to this law may not be ordered
except after verifying that:
a) It is not contrary to a
judgement previously issued by the Egyptian
courts
on the subject matter of the dispute
b) It does not contradict public
policy in the Arab Republic of Egypt
c) It was properly notified to the
party against whom it was rendered
3. Orders issued for the enforcement of arbitral awards may not be petitioned
against. However, orders refusing execution may
be petitioned against before the competent court
pursuant to the provisions of Article (9) hereof
within thirty days from the date of its issuance.
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