How to File an Arbitration Case in Egypt

File an حيث case in Egypt correctly, and your claim becomes enforceable, confidential, and faster than any court proceeding.

For companies, investors, and individuals, knowing exactly how to file an arbitration case in Egypt can determine whether your award stands or fails before enforcement courts. This guide explains—clearly and practically—every stage of filing, from the arbitration clause to the award’s recognition under Egyptian law.

Arbitration in Egypt

To file an arbitration case in Egypt, one must first understand the exact legal framework that governs arbitral proceedings. The cornerstone of Egyptian arbitration law is Law No. 27 of 1994 on Arbitration in Civil and Commercial Matters, a comprehensive statute that adopted, almost verbatim, the principles of the UNCITRAL Model Law on International Commercial Arbitration (1985). This alignment places Egypt among the jurisdictions with a truly modern and internationally compatible arbitration regime.

Under Article 1 of Law 27, arbitration applies to all civil and commercial disputes, whether contractual or non-contractual, provided the parties have agreed in writing to refer them to arbitration. The law expressly covers both domestic arbitration (where all elements of the dispute are local) and international arbitration seated in Egypt, which involves at least one foreign element such as nationality of a party, place of performance, or principal business activity outside Egypt.

Egypt’s credibility as a seat for arbitration is further reinforced by its early accession, through Presidential Decree No. 171 of 1959, to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). By virtue of this treaty, arbitral awards rendered in Egypt are enforceable in more than 170 signatory states, and conversely, foreign awards can be recognized and enforced by Egyptian courts without re-litigating the merits. Articles 52 to 58 of Law 27 specifically regulate the enforcement mechanism, allowing a successful claimant to apply for recognition of an arbitral award before the Cairo Court of Appeal, provided the award meets the formal conditions set out in Article 47.

What distinguishes Egypt’s arbitration environment from that of many other jurisdictions in the MENA region is the judiciary’s supportive attitude toward arbitral autonomy. Egyptian courts have consistently upheld the principle of party autonomy, embodied in Article 24, which entitles the parties to determine the seat of arbitration, governing law, language, and procedural rules of their choosing. If the parties fail to agree, the arbitral tribunal has the authority under Article 25 to determine these matters, ensuring the proceedings continue without procedural paralysis.

This legal flexibility is one of the main reasons multinational corporations and investors continue to file arbitration cases in Egypt.

Parties frequently select Cairo as the seat of arbitration not only for its neutrality but also because it houses one of the region’s most reputable institutions—the Cairo Regional Centre for International Commercial Arbitration (CRCICA). Established in 1979 under the auspices of AALCO (the Asian-African Legal Consultative Organization), CRCICA operates as an independent, non-profit entity. It administers cases under its Arbitration Rules (2024 Edition), which are modeled on the latest UNCITRAL Rules and integrate global best practices.

CRCICA’s procedures allow parties to file a Notice of Arbitration electronically, pay filing fees in local or foreign currency, and request appointment of arbitrators directly through its Secretariat. For a claimant seeking to file an arbitration case in Egypt, CRCICA provides both institutional credibility and administrative efficiency, two elements that ensure any eventual award will withstand judicial scrutiny at the enforcement stage.

Yet, mastering the legislative framework is only the beginning. To succeed, counsel must understand the practical side, how to draft and submit the Notice of Arbitration, how to calculate filing fees, and how to secure jurisdiction under the chosen rules. 

When and How to File an Arbitration Case in Egypt

Before any party can legally file an arbitration case in Egypt, it must have a valid and enforceable arbitration agreement. Under Article 10 of Law No. 27 on Arbitration in Civil and Commercial Matters, arbitration applies only when the parties have expressly agreed, in writing, to submit disputes between them to arbitration. This consent may appear in one of two forms.

The first is an arbitration clause, inserted into a contract before any dispute arises. It usually states that “any dispute arising out of or in connection with this contract shall be finally settled by arbitration.” Such a clause is pre-emptive: it guarantees that if a disagreement ever occurs, the dispute will bypass the ordinary courts. The second form is a submission agreement, which the parties sign after a dispute has already arisen. It serves as a retroactive consent to arbitrate a particular conflict. Both forms are equally valid under Egyptian law provided they are in writing and signed by authorized representatives.

Once the parties have agreed to arbitration, they must decide on the structure and procedural framework that will govern it. The seat of arbitration determines which jurisdiction’s procedural law applies and which court will have supervisory authority. If Cairo or any Egyptian city is designated as the seat, the arbitration will fall under the procedural scope of Law No. 27/1994 and will be supervised by the Cairo Court of Appeal. The parties must also choose between institutional arbitration, typically administered by the CRCICA, and ad hoc arbitration, conducted privately under agreed rules such as the UNCITRAL Arbitration Rules. Institutional arbitration through CRCICA is the preferred route in Egypt because it provides administrative oversight, procedural certainty, and built-in mechanisms for appointing arbitrators if one party fails to cooperate.

With this foundation established, the actual process to file an arbitration case in Egypt unfolds through a series of defined procedural stages.

Step 1 – Filing the Notice of Arbitration

The arbitration process begins when the claimant serves a Notice of Arbitration. According to Article 27 of Law No. 27, arbitration proceedings are deemed to commence on the date the respondent receives this notice. The notice must identify the parties, describe the nature of the dispute, specify the relief sought, and refer to the arbitration clause or agreement. When the arbitration is institutional—most often under CRCICA Rules—the claimant submits this notice to the Centre’s Secretariat, along with a copy of the relevant contract and proof of payment of the registration fee. The Secretariat then registers the case and transmits the notice to the respondent.

Step 2 – Case Registration and Response

Once the notice has been filed and the registration fee paid, the case is formally opened. The respondent is invited to file a Response to the Notice of Arbitration, typically within thirty days. The response may include preliminary objections, such as challenges to jurisdiction or counterclaims. From this moment, the arbitration is deemed validly initiated, and the parties are bound by the procedural timetable that will soon follow.

Step 3 – Appointment of the Arbitral Tribunal

The next phase in filing an arbitration case in Egypt is the constitution of the arbitral tribunal. Pursuant to Article 17 of the Arbitration Law, the parties may freely determine the number of arbitrators and the method of their appointment. If they fail to agree, the default rule applies: a tribunal of three arbitrators, with each party appointing one and the two appointed arbitrators jointly selecting the presiding arbitrator. If either party neglects to appoint its arbitrator within the prescribed time, CRCICA will intervene and appoint one to prevent delay. The tribunal’s proper constitution is essential, since any defect at this stage may later form grounds for annulment under Article 53(1)(d) of the Law.

Step 4 – Preliminary Procedural Meeting and Terms of Reference

After the tribunal is appointed, a procedural meeting is convened. Here, the parties and tribunal define the procedural calendar, evidence exchange, and hearing schedule. They also draft and sign the Terms of Reference, which summarize the claims, defences, and issues to be resolved. Under Article 24, these terms form the procedural and substantive map of the arbitration. Once approved, they prevent either party from expanding or altering its claims later in the process without the tribunal’s consent.

Step 5 – Statement of Claim and Defence

The claimant then files its Statement of Claim, which sets out the factual background, contractual provisions relied upon, legal arguments, and evidence supporting the claim. According to Article 30 of Law No. 27/1994, this statement must be filed within the period agreed by the parties or determined by the tribunal. Supporting documents, contracts, correspondence, invoices, witness statements, or expert reports, should accompany it. The respondent then submits its Statement of Defence, answering the allegations and, where relevant, filing counterclaims. These two submissions shape the substantive content of the arbitration and are the foundation on which the tribunal will eventually deliberate.

Step 6 – Hearings and Evidence

Once the pleadings are complete, the case moves to the evidentiary phase. Hearings may be conducted in person, online, or through a hybrid format depending on the parties’ agreement. Witnesses and experts are examined, documents are tested, and both sides are allowed to make oral submissions. Article 33 of the Law grants the tribunal broad discretion to determine evidentiary procedures, provided both parties are treated equally and given full opportunity to present their case.

By the end of these steps, the arbitration is fully in motion. What began as a clause in a contract has become a structured legal proceeding under Egyptian and international law.

Hearings, Evidence, and Interim Measures in Arbitration

Once a party proceeds to file an arbitration case in Egypt and the pleadings are complete, the process transitions from written advocacy to live proceedings. Hearings represent the decisive stage of the case, where witnesses are examined, experts are cross-questioned, and the tribunal evaluates the documentary record. Under Article 33 of Law No. 27, the arbitral tribunal enjoys wide procedural discretion, provided that each party is treated equally and given a full opportunity to present its case. This principle of due process, known internationally as equality of arms, is central to every arbitration conducted in Egypt.

Hearings may take place physically in Cairo, virtually through secure online platforms, or in hybrid format, depending on the agreement of the parties. In practice, tribunals seated in Cairo frequently adopt a flexible approach to evidence, combining written witness statements with live testimony. Experts, particularly in construction, energy, and finance disputes, often play a significant role, and the tribunal may appoint its own independent expert under Article 37, should technical complexity require it. The evidentiary standard in arbitration is less rigid than in court proceedings: the tribunal determines the admissibility, relevance, and weight of evidence without strict adherence to the rules of the Civil and Commercial Procedure Code. This flexibility remains one of the reasons investors prefer to file arbitration cases in Egypt rather than initiate traditional lawsuits.

During the course of the proceedings, parties may also seek interim or conservatory measures. Article 24 bis of the Arbitration Law, introduced by later amendment, explicitly allows arbitral tribunals seated in Egypt to order temporary relief to preserve assets, maintain the status quo, or prevent irreparable harm pending the final award. In urgent situations, such as freezing bank accounts or stopping the transfer of goods, a party may alternatively apply to the Egyptian courts for interim protection under Article 14, without being deemed to have waived the arbitration agreement. The coexistence of tribunal-ordered and court-assisted measures gives arbitration in Egypt a rare procedural balance: autonomy where possible, judicial support where necessary.

Hearings usually culminate in the submission of post-hearing briefs, in which both parties summarize their factual and legal positions. The tribunal then declares the proceedings closed and moves into deliberation. The confidentiality of this phase is absolute; the arbitrators deliberate privately and reach a majority decision, as required by Article 41 of the Law. The presiding arbitrator drafts the award, and dissenting opinions, while permitted, are seldom published unless the institution’s rules provide otherwise.

Issuing and Enforcing the Arbitral Award

The culmination of any effort to file an arbitration case in Egypt is the issuance of the arbitral award. Under Article 43 of Law No. 27, the award must be made in writing, signed by all or the majority of the arbitrators, and state the reasons upon which it is based unless the parties have agreed otherwise. It must also identify the seat of arbitration, the date of issuance, and the names of the arbitrators. Once signed, the award is deposited with the secretariat of the competent court, typically the Cairo Court of Appeal if the seat of arbitration was Cairo, within thirty days, as mandated by Article 47. This deposit is what gives the award its legal existence in the Egyptian legal order.

Unlike court judgments, arbitral awards in Egypt are not subject to appeal on the merits. They may only be challenged through a nullity action under Article 53, and only on narrow grounds, such as lack of jurisdiction, improper constitution of the tribunal, violation of public order, or absence of due process. Egyptian courts apply these grounds restrictively, reflecting the judiciary’s general pro-arbitration stance. In recent years, the Cairo Court of Appeal and the Egyptian Court of Cassation have consistently upheld the autonomy of arbitration and refused to entertain disguised appeals under the guise of annulment actions.

Once the statutory time limit for annulment (ninety days from notification of the award) expires, the winning party may proceed to enforce the arbitral award in Egypt. Enforcement requires an application to the President of the Cairo Court of Appeal, accompanied by the original award, the arbitration agreement, and certified Arabic translations where necessary. Upon verification that the award complies with formal requirements and does not violate Egyptian public policy, the court issues an exequatur order, making the award enforceable as a national judgment. If the losing party holds assets in Egypt, these can then be seized or liquidated through the ordinary execution procedures of the Egyptian courts.

For foreign awards rendered outside Egypt, enforcement follows the same process but draws its authority from the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), to which Egypt acceded by Presidential Decree No. 171. This ensures that arbitral awards issued in any of the 170+ contracting states are enforceable before Egyptian courts, and vice versa. In effect, when a party chooses to file an arbitration case in Egypt, it chooses a jurisdiction whose awards carry international enforceability on par with London, Paris, or Singapore.

الختام

Contract formation under Egyptian law continues to reflect the precision of civil-law tradition while evolving to accommodate To file an arbitration case in Egypt is to rely on a system that balances efficiency, neutrality, and enforceability. With Law No. 27 fully aligned with international standards and the CRCICA recognized across the region, arbitration in Egypt provides a credible framework for resolving commercial disputes. Awards rendered in Egypt carry enforceability in over 170 countries under the New York Convention, making Cairo a reliable and internationally connected arbitration seat.

For companies, investors, and partners, success lies in preparation, drafting a precise arbitration clause, choosing the right institution, and ensuring compliance with procedural law. Engaging a specialized arbitration lawyer in Egypt from the outset secures jurisdiction, protects procedural rights, and ensures that any arbitral award stands firm at enforcement. In a business environment that rewards certainty and speed, filing arbitration correctly in Egypt is not merely an option, it is a strategic advantage.

Frequently Asked Questions

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