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Enforcement of Arbitration Awards in Egypt The purpose of this thesis is to answer many questions coming to foreign investor's mind regarding arbitration rules in Egypt, especially enforcement of arbitration awards in Egypt. Introduction On April 21, 1994, Law No. 27 of 1994 was issued in the Arab Republic of Egypt, the law regulating the arbitration rules in Egypt. I would like to confirm that the Egyptian Arbitration Law contains plenty of rules in compliant with the provisions of the adopted Arbitration Rules of UNCITRAL. Moreover, some of Egyptian Arbitration Rules are drawn verbatim from UNCITRAL Arbitration Rules. The questions and answers are as follows: Q. 1: Do Egyptian legal rules allow arbitration in lieu of domestic jurisdiction? A: Yes, a domestic and foreign investor is entitled to set out in its contracts a condition that requires resort to arbitration in case of any dispute over the contract. In addition, it is also entitled to sign the Arbitration Agreement after the dispute arising over the contract. Q. 2: Is it possible to choose a foreign law to be the substantive law that adjudicate disputes arising from the application of the contract? A: Yes, parties of the contract are entitled to choose a foreign law to be the substantive law to adjudicate disputes arising over the contract. www.lcceg.com Q. 3: Is it possible to choose a foreign law to be a law governing Arbitration Proceedings? A: Yes, parties of the contract are entitled to choose a foreign law or international organization rules to be the rules governing the arbitration Proceedings (i.e. choosing Uncitral Rules, ICC Rules in Paris, CRCICA Rules or the Rules of Egyptian Arbitration Law) to be the rules governing arbitration Proceedings. Q. 4: Is it possible to choose a foreign language for Arbitration? A: Yes, any domestic or foreign language could be chosen as the language of Arbitration. Q 5: Is it possible to choose an Arbitrator with a foreign nationality to adjudicate a dispute over a contract in Egypt? A: Yes, it is possible to choose an arbitrator with a foreign nationality to adjudicate a dispute over a contract in Egypt. Q. 6: Is it possible to resort to a foreign arbitration center to adjudicate a dispute in Egypt? A: Yes, parties of the contract may choose to resort to any foreign or domestic arbitration center. Furthermore, they have the full freedom to choose arbitrators as well as the arbitration center (i.e. ICSID, ICC or CRCICA). In addition, parties of the contract are entitled to choose the arbitral tribunal or a single arbitrator not belonging to any center. Q. 7: Is it possible to hold arbitration sessions outside Egypt? A: Yes, the parties of the contract are entitled to choose the seat of the arbitration sessions outside Egypt. www.lcceg.com Q. 8: Is it possible to enforce a foreign arbitration award in Egypt? A: Yes, the Egyptian Law allows the enforcement of foreign arbitration awards in Egypt, whether the arbitration award is issued by a foreign arbitration center or by a foreign arbitral tribunal. Q. 9: Is it possible to appeal against the foreign arbitration award before the Egyptian judiciary to prevent its enforcement in Egypt? A: The Egyptian law prohibits the appeal against the subject of the arbitration award, but only allows for reviewing the following points: 1. The validity of arbitration proceedings together with its conformity with the arbitration condition set out in the contract. 2. Notifying the Parties to arbitration with session schedule and their attendance. 3. The ability of the Parties to arbitration to submit their defenses and documents. 4. The arbitration award does not violate the Legal Rules in Egypt. In conclusion, the Egyptian law contains modern rules that allow the development of international trade and reassure the foreign and local investors of the possibility to access to their rights as soon as possible, whether by resorting to the local judiciary or by choosing arbitration as a way to access to its right, whether this arbitration is inside or outside Egypt, or even by a wholly foreign arbitral tribunal. For further questions in this regard or any other legal matter, please do not hesitate to contact me. Dr. Ahmed Mohamed Said