Egypt Law

Article (4)

  1. The word "arbitration" as used in this Law denotes the arbitration agreed upon by the parties to a dispute of their own free will, whether the body to which the arbitral mission is entrusted by virtue of an arbitral agreement is an institution or permanent arbitration center or not.
  2. The term "Arbitral Tribunal" denotes the panel composed of one or more arbitrators for the purpose of settlement of the dispute referred to arbitration. As to the word "court", it means the court belonging to the judicial system of the state.
  3. "The two parties to arbitration" when used in this Law shall denote the parties to the arbitration, whatever their number may be.
Article (5)

In those cases where this Law permits the parties to arbitration t select the procedures which must be followed in a given matter, this also includes their right to allow a third party to make such selection. In this regard, third parties are deemed to be any arbitral institution of center in Egypt or abroad.

Article (6)

If the parties to arbitration agree to subject the legal relationship between them to the provisions of a model contract, an international convention or another document, then the provisions of such document, including those related to arbitration, must be enforced.

Article (7)

  1. 1. If no special agreement exists between the parties to arbitration, any letter or notice shall be delivered to the addressee personally or at his place of work, or at his usual place of abode or at his mailing address, known to both parties or designated in the arbitral agreement or in the document organizing the relationship subject of arbitration.
  2. If, after conducting the necessary investigations, any of these addresses cannot be traced, delivery shall be deemed to have been effected if the notice is in the form of a registered letter addressed to the addressee's last known place of work, usual place of adobe or known mailing address.
  3. The provisions of this article do not apply to judicial writs before the courts.
Article (8)

If one of the parties to a dispute pursues arbitral proceedings while knowing that a condition in the arbitral agreement or one of the mandatory provisions of the present law has been violated and does not raise an objection to such violation by the agreed deadline or within a reasonable period in the absence of agreements ,this shall be deemed a waiver by him of his right to object.

Article (9)

  1. Jurisdiction to review the arbitral matters referred by this law to the Egyptian judiciary lies with the court having original jurisdiction over the dispute.
  2. However, in the case of international commercial arbitration, whether conducted in Egypt or abroad, jurisdiction lies with the Cairo Court of Appeal unless the parties agree on the competence of another court of appeal in Egypt.
  3. The court vested with jurisdiction in accordance with the preceding paragraph shall continue to exercise exclusive jurisdiction until the completion of all arbitral procedures.

Part II -Arbitral Agreement

Article (10)

  1. The arbitral agreement is an agreement by which the parties agree to resort to arbitration as a means of resolving all or some of the disputes which arose or which may arise between them in connection with a specific legal relationship, contractual or non contractual.
  2. The arbitral agreement may precede the occurrence of the dispute, whether such agreement exists independently or as a clause on a given contract in connection with all or some of the disputes which may arise between the parties. In such case, the subject matter of the dispute must be determined in the statement of claims referred to in paragraph (1) of Article (30) hereof. The arbitral agreement may also be concluded after the occurrence of a dispute, even when such dispute is the subject of a court case, in such case, the agreement must, determine the matters included in the arbitration, otherwise it shall be null and void.
  3. Any Reference: in the contract to a document containing an arbitral clause is deemed to be an arbitral agreement, if the reference expressly provides that such clause is an integral part of the contract.
Article (11)

Arbitral agreements may only be concluded by natural or juridical persons having capacity to dispose of their rights. Arbitration is not permitted in matters where compromise is mot allowed.

Article (12)

The arbitral agreement must, be concluded in writing, otherwise it shall be null and void. It shall be in writing if included in a document signed by both parties or in letters, cables or other means of written communication exchanged between them.

Article (13)

  1. A court seized with a dispute in respect of which an arbitral agreement exists must rule the case non admissible if the respondent invokes a plea of non admissibility before raising any request or defense in the case.
  2. Bringing the action referred to in the preceding paragraph shall not preclude commencing arbitral proceedings, pursuing same or issuing an arbitral award.
The court referred to in Article (9) may, on the basis of an application from one of the parties to the arbitration, order that provisional or conservatory measures be taken, whether before the commencement of arbitral proceedings or during the procedure.
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