Egypt
The Arab Republic of Egypt is one of the first countries that acceded to the New York Convention on March 9, 1959, without any reservations.
In 1979, the first regional arbitration center was created in the Arab World: the Cairo Regional Center for Commercial Arbitration (“CRCICA”), which was followed in the 1990’s by a large number of additional regional centers, currently handling hundreds of cases. CRCICA administers both domestic and international arbitral proceedings.
International arbitration in the Arab Republic of Egypt has continued to grow in the last several years. Egypt is a party to 115 bilateral investment treaties and is a contracting state to the International Center for the Settlement of Investment Disputes.
The Egyptian Arbitration Law No. 27 /1994 Promulgating the Law Concerning Arbitration in Civil and Commercial Matters entered into force in 1994 and is applicable to international and domestic arbitrations.
According to Article 1 of the above mentioned Law, it “shall apply to all arbitrations between public or private law persons, whatever the nature of the legal relationship around which the dispute revolves, when such an arbitration is conducted in Egypt, or when an international commercial arbitration is conducted abroad and its parties agree to submit it to the provisions of this Law. With regard to disputes relating to administrative contracts, agreement on arbitration shall be reached upon the approval of the competent minister or the official assuming his powers with respect to public juridical persons. No delegation of powers shall be authorized in this respect.”
The legislator maintained the position that the Law is applicable if the dispute arises over a legal relationship of an economic nature, whether contractual or non-contractual. At the same time arbitration in Egypt does not extend to certain public law matters.(which are they?)
Article 52 of the Egyptian Arbitration Law N27/1994 stipulates that “if the arbitral award is rendered in accordance with the provisions of this Law, it may not be challenged by any of the means of recourse provided for in the Code of Civil and Commercial Procedures.”
Article 702 of the Egyptian Civil Code and article 76 of the Civil and Commercial Procedures Law (CCPL) contains a provision regulating conclusion of arbitration agreements by an agent except by virtue of private and specific written delegation, otherwise the arbitration clause will not be effective in relation to the principal.
In general, the Egyptian Arbitration Law is based on the UNCITRAL Model Law. Regarding the interim relief, the parties must specifically grant such power to a tribunal. Also, the Arbitration Law limits the conditions under which the enforcement of the arbitral word will be refused. Article 58.2 states that the enforcement of the arbitral award will not be granted except after having ascertained the following:
a) it does not contradict a judgment previously rendered by the Egyptian Courts on the subject matter in dispute;
b) it does not violate the public policy in the Arab Republic of Egypt; and
c) it was properly notified to the party against whom it was rendered.
Moreover, as a recent development we should mention the Law No. 10 of 2009 concerning the regulation and supervision of non-banking, financial markets and instruments, Article 10 of which stipulates that the Egyptian Center for Arbitration and Settlement of Non-Banking Financial Disputes (ECAS) is to be established by a decision issued by the President of the Republic. The parties can use this Center if they initially (or later) agree to settle the dispute through arbitration. Resolution No. 335 of 2019 established the ECAS.
Article 3 of the Statute of the ECAS (enacted by Decision No. 2597 of the Prime Minister on 10 December, 2020) stipulates that “the Centre is responsible for arbitration and settlement of disputes arising out of the application of the provisions of the laws on non-bank financial transactions, in particular between partners, shareholders, or members of companies and entities involved in non-bank financial markets, whether between themselves or between them and such companies, as well as disputes between clients or beneficiaries of non-bank financial activities with such companies and entities on the occasion of their initiation.”
The ECAS is publicly funded, Article 18.1 of the Statute of the ECAS stipulates that “the Centre's financial resources consist of funds and assets that are allocated by the State or authority to the Centre.”
Hence, we can consider Egypt to be arbitration-friendly jurisdiction and the state modernizes the legislative framework continuously that undoubtedly contributes to the stable, predictable legal environment for solving the financial disputes. For administrative contracts the signature of the respective Minister should be obtained in advance to confirm his or her consent to the arbitration agreement in contracts concluded with public juridical persons (including governmental departments and agencies) in respect of public utilities and projects.
Also, we should mention that in CRCICA the fee for submission of request for arbitration is moderate that puts the institution in a competitive position, “fixed registration fee amounting to US $ 500 to be paid by the claimant upon filing the notice of arbitration and the respondent upon filing a counterclaim.”

