Enforcement of international arbitral awards in Egypt

Produced in partnership with Dr Nagla Nassar of Nassar Law
Practice notes

Enforcement of international arbitral awards in Egypt

Produced in partnership with Dr Nagla Nassar of Nassar Law

Practice notes
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Introduction

This Practice Note sets out the legal regime governing enforcement of international arbitral awards in Egypt. This regime is embodied in the Egyptian Arbitration Law (hereinafter ‘the EAL’), which is derived from the UNCITRAL Model Law (hereinafter ‘the Model Law’) and the New York Convention for Recognition and Enforcement of Foreign Arbitral Awards (hereinafter ‘the NY Convention’) to which Egypt is a signatory. Egypt ratified the NY Convention on 9 March 1959 and the convention entered into force by its adoption by the parliament and its publication in the official Gazette on 14 February 1959.

The EAL applies to the enforcement of all international arbitral awards whether rendered inside or outside Egypt so long as they are classified as international awards. Pursuant to EAL Article 3 an international award is one which is rendered in an international arbitration, the latter being defined in reference to more than one test, and, hence, the starting point must be defining what is considered an international arbitration.

Definition of international v domestic awards

The

Nagla Nassar
Dr Nagla Nassar

Attorney at Law, Nassar Law


Dr. Nagla Nassar is Senior Partner at NassarLaw which was established in 1885. She graduated from Cairo University and Trinity College where she got her M. Litt and has an LL.M from Harvard University as well as a PhD from Geneva University and the Diploma of The Hague Academy in Private International Law.

Before joining NassarLaw in 2004 she practiced in several jurisdictions and is a member of several bars. She was with the ICSID Secretariat and is a member of different arbitration forums including being a fellow of the Chartered Institute of Arbitrators and is a Council Member of the ICC World Business Institute. She has many legal publications analyzing critical legal problems and is abreast of current issues. With many years of experience both as corporate counsel and arbitrator she has acted on behalf of many major multinationals and Egyptian entities. Also, Dr. Nassar is appointed frequently as an arbitrator and has chaired many tribunals.


PUBLICATIONS
In English:
“Putting the Abu Dhabi Oil Award’s Methodology to the Test of Time” in Arbitration’s Age
of Enlightenment? (2023, Kluwer Law International, The Netherlands), Chapter 8.
“Attitude of Egyptian Courts Towards Arbitration” in Rethinking the Role of African
National Courts in Arbitration (2018, Kluwer Law International, The Netherlands), 153.
“Alternatives to Cash in International Law and Practice” in The International Legal System in
Quest of Equity and Universality (2001, Kluwer Law International, The Netherlands), 267.
“Project finance, Public Utilities and Public Concerns: A Practitioner's Perspective” (2000)
23 Ford. Int'l L. Rev. S61.
Equality and Transparency, Conformity to WTO Procurement Code: A comparative study
(prepared to the Egyptian / US Presidential Commission 2000).
“Legal plurality: Reflection on the Status of Woman in Egypt” in Legal pluralism in the Arab
World, (1999, Kluwer Law International, The Netherlands)
“Internationalization of State Contracts” ICSID, the Last Citadel” (1997) 14 J. Int'l Arb. 185.
“Sanctity of Contracts Revisited” A study in the Theory and Practice of Long-Term
International Commercial Transactions; Forward by Lord Wilberforce, (1995, Martinus
Nijhoff, The Netherlands)
“The New Egyptian Arbitration Law” World Arbitration Reporter, 1995.
“Mutuality of Promises in Long Term International Business Transactions” (1994) 50 Rev.
Egy. D. Int'l 1.
“Tenant's Defenses in Massachusetts,” Harvard Computer-Aided Legal Instruct Project
1985.
“Doing Business in Egypt” in Legal Aspects of Doing Business in the Middle East, Vol. V,
International Business Series, ed. D. Campbell, (1984, Kluwer Law International, The
Netherlands)

In Arabic:
“Assessing Bedouins and University Graduates” and "The Unlimited Boundaries of Giving",
UNV News, February 1991.
Letters of Guarantees, Al Ahram Publishers, 1997, Cairo, Egypt.

UNDER PUBLICATION
“Extending Arbitration Clauses in the Middle East”.
“Revisiting the Abu Dhabi Award- ICCA 2020”.

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Jurisdiction(s):
United Kingdom

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