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The Draft Arbitration Law in Egypt

The Draft Arbitration Law in Egypt 119 THE DRAFT ARBITRATION LAW IN EGYPT Michael H Davies* INTRODUCTION The effectiveness of clauses providing for arbitration before an international arbitral institution has been the cause of some concern to those entering into contracts with public or private sector entities in Egypt. Such arbitration clauses had been con- sidered by most authorities to be effective in ousting the jurisdiction of the Egyptian Courts (at least until such Courts were applied to for an enforcement order). This pos- ition was to a large extent founded on the fact that the Egyptian Code on Civil and Commercial Procedure permits parties to a dispute to submit to arbitration as an alternative to the jurisdiction of the Courts and the fact that Egypt is a signatory state of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.1 During recent years, however, there have been a number of attempts to challenge international arbitration proceedings and to question the validity of the arbitration clauses themselves. Some of these challenges have relied upon a provision in the Egyptian Code on Civil and Commercial Procedure requiring the arbitration clause or agreement to actually appoint the arbitrators. Arguments have been http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

The Draft Arbitration Law in Egypt

Davies, Michael H.
Arab Law Quarterly , Volume 3 (2): 119 – Jan 1, 1988
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Publisher
Brill
Copyright
© 1988 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/157302588X00191
Publisher site
See Article on Publisher Site

Abstract

119 THE DRAFT ARBITRATION LAW IN EGYPT Michael H Davies* INTRODUCTION The effectiveness of clauses providing for arbitration before an international arbitral institution has been the cause of some concern to those entering into contracts with public or private sector entities in Egypt. Such arbitration clauses had been con- sidered by most authorities to be effective in ousting the jurisdiction of the Egyptian Courts (at least until such Courts were applied to for an enforcement order). This pos- ition was to a large extent founded on the fact that the Egyptian Code on Civil and Commercial Procedure permits parties to a dispute to submit to arbitration as an alternative to the jurisdiction of the Courts and the fact that Egypt is a signatory state of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.1 During recent years, however, there have been a number of attempts to challenge international arbitration proceedings and to question the validity of the arbitration clauses themselves. Some of these challenges have relied upon a provision in the Egyptian Code on Civil and Commercial Procedure requiring the arbitration clause or agreement to actually appoint the arbitrators. Arguments have been

Journal

Arab Law Quarterly – Brill

Published: Jan 1, 1988

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